The Palladium August 2013 Broadsheet

p.2

Ateneo Law Blue Card 10th anniversary

p.9

LEGAL: Sharing the fishing zone with Taiwan

VOLUME №. XVII

COVER STORY: Destiny, Supremacy, Dynasty

ISSUE №. 1

Arts and Culture: Ikaw ba ay isang Filipino?

AUGUST 2013

COUNCIL JUMPSTARTS YEAR WITH STUDENT ASSEMBLY

Freshmen elect Areza as BATCH REPRESENTATIVE

By Erlaine Vanessa D. Lumanog The Commission on Elections and Judicial Appointments (CEJA) conducted the freshman batch representative elections last 12 July 2013. There were two candidates vying for the position of First Year Representative to the Student Council namely, Kevin Buen Marquez (1B) and Jose Augusto Areza (1A). turn to page 2

Of new beginnings and Hunger Games: The ALS Freshman Orientation Seminar 2013

By Mikhaella Rosario Z. Sollano

Student Council officers with Dean Sedfrey Candelaria after the First General Assembly of Students

By Cyndy P. dela Cruz The new batch of Student Council (SC) members has finally assumed office for the Ateneo Law School (ALS) School Year 2013-2014. Student Council President Bang Dizon (4D), in her pursuit to actively engage the student body in coming up with the efficient and effective implementation of the projects, spearheaded this year’s First General Assembly of Students the purpose of which was to inform the student body of the preliminary accomplishments as well as future projects of the SC where they can actively volunteer and be one with the Council. Beadles from different blocks, organization officers, as well as other students were highly encouraged to attend said event.

Students and Admin inaugurate new org rooms

By Alexis Ann V. Aquino Last 21 June 2013, three new student organization rooms were inaugurated on the third floor of the Ateneo Professional Schools. The event started off with a mass presided by Fr. Luis David in honor of St. Thomas More. Thereafter, Atty.

Giovanni Vallente, Associate Dean for Student Affairs, called the executive committees of the five organizations as well as the members of the Ateneo Law Student Council for their oath taking.

The official blessing of the student organization rooms, led by Father Ismael Jose “IJ” Chan-Gonzaga (2A) was attendturn to page 2 VOLUME №. XVII

ISSUE №. 1

The General Assembly began with a run through of the projects of each of the Council members and the target months and dates in which the projects will be carried out. New projects include partnership with Ateneo Graduate School of Business–SC in the construction of a clinic, a proposed fitness center in coordination with the Dean, the interesting “ladies’ kit,” the block primers through the batch representatives, the Ignatian Road Trip which would be the first in the history of the ALS, and many more, majority of which are traditional projects which the SC has since implemented in the past years.

The SC also introduced the “committee system” within the Council in which different Council members,

Photo by Arlet Gem A. Coronado

The Ateneo Law School (ALS) Orientation Seminar (OrSem) for freshmen began on 15 May and ended on 17 May 2013. This year’s OrSem is marked with several changes compared to previous years.

This year had a larger number of enrollees as reported by Sophomore Batch Representative Cyndy Dela Cruz.

According to her, there were 291 enrollees as of the last day of OrSem. Dean Sedfrey Candelaria said that this is the biggest freshman batch the Law School has ever seen, catering to a total of six blocks. In the past, the average number of enrollees was usually closed at 270, grouped into five blocks only. turn to page 2

aside from their official functions, will head a specific committee and will invite volunteers. Committees include, but are not limited to, student rights and welfare, academics, externals, internals, and finance. According to the SC, this is where the “active engagement” of the student body through volunteerism will materialize, thus, promoting a proactive and united student body.

ALS Dean Sedfrey Candelaria also had a chance to update the students on current administrative concerns as well as its efforts in making the Council projects and the administrative efforts in sync.

By Rochezka Bianca R. Beltran The Dean opened up the idea of adding In order to welcome the students at least two days of rest day after the to another school year, the Ateneo Law examination week – a suggestion which School (ALS) has implemented a few turn to page 2 internal and external changes. From small but vital additions to the classrooms, to the trial run of a new system of distributing the students into their respective sections upon admission, change is certainly afoot.

At the beginning of the current school year, the students of the Law School were treated to two improvements in the classrooms. Now, new wall clocks sponsored by the ALS Student Council (SC) can be found in each of the newly repainted classrooms.

Aside from these external improvements, the Law School system may be said to be undergoing a few tweaks as well. This year marks the first year of Joaquin Julian Agtarap, former school registrar of the Loyola Schools, as the new registrar of the Ateneo Professional Schools (APS), taking over the post previously held by Dr. Cesar A. Mansibang.

2013 ushers in changes for ALS

THE ATENEO GRADUATE LEGAL STUDIES INSTITUTE IS NEW HOME TO LAW THESIS CENTER. L-R: Attys. Ryan Quan, Sarah Arriola, Amparita Sta. Maria (Director), Ms. Karen Vigidor, Dean Sedfrey Candelaria and Amb. Manuel Teehankee

Photo by Yul Araya

www.palladiumonline.com

facebook.com/palladiumALS

turn to page 2 @palladiumALS

NEWS

2

NEWS

ALS Back-to-School Party “Project X: Get Ready to Take Control’’

COUNCIL JUMPSTARTS YEAR WITH STUDENT ASSEMBLY

By Kathlyn Nadia D. Baldonado

from page 1

was taken positively by the students but will still be subject of determination and brainstorming between the Administration and the SC. Mia Lapus, the President of the Asian Law Students Association (ALSA) also graced the event and introduced her organization to the student body, encouraging them to take part in promoting its advocacies in legal education. She acknowledged the fact that not everyone in the law school sphere knows about the organization, thus, she actively promotes the same in her pursuit to make ALSA visible to all and inspire students to be part of their growing organization.

Before the program finally came to a close, the SC introduced the candidates for Student Judicial Council (SJC) and Commission on Elections and Judicial Appointments (CEJA), all of whom were asked to introduce themselves and tell the student body the reason for applying for such an independent position, and why they are fit for the job. Each applicant

gave short answers, all pertaining to their desire to get involved in social, academic, and disciplinary issues which can be better addressed with their active participation.

The open forum was not executed as time had run out but the SC made sure that all questions were properly forwarded to its grievance box, and assured the attendees that all questions will be entertained and answered accordingly.

The event ended with Dean Candelaria’s announcement to award different organizations with rooms in the third floor. The organizations are Ateneo Center for International Economic Law (ACIEL), Ateneo Society of International Law (ASIL), Environmental Law Society of Ateneo (ELSA), St. Thomas More Debate Society (STM), and The Palladium. According to Dean Candelaria, this will provide these organizations with a sense of motivation to further excel in their respective fields and strengthen the holistic character of an ideal Ateneo Law student. P

Students and Admin inaugurate new org rooms from page 1 ed by a number of Ateneo Law School faculty members including Dean Sedfrey Candelaria, Atty. Giovanni Vallente, Atty.

Anthony Abad, and Ambassador Manuel Teehankee, as well as members of the Legal Services Center and the Thesis Center.

The five student organizations that received the new rooms were the Ateneo Center for International Economic Law (ACIEL), Ateneo Society of International Law (ASIL), Environmental Law Society of Ateneo (ELSA), St. Thomas More Debate Society (STM), and The Palladium.

The heads of these respective organiza-

tions were asked to sign a lease contract for two (2) years, subject to renewal after the expiration of the period stipulated.

According to Dean Candelaria, efforts are being made to provide more rooms to accommodate the other student organizations.

The new facilities provided by the Law School allow the members to carry on with their official business without having to reserve rooms for activities such as trainings and meetings. P

A decade of privilege: Blue Card celebrates tenth anniversary Photo by Yul Araya

By Cara Mariel S. Maglaya In celebration of the tenth videoke, laundry, supplies, [and] apparel,” anniversary of the Ateneo Blue Card, the Eugenio added. Thus, the Blue Card Ateneo Law School Student Council, has partnerships with a wide array of through External Vice-President merchants like Burger Avenue, Chihuahua Bernadette Eugenio (4A) and the Blue Grill, Achiote and Claw Daddy (for the Card Team, promises new privileges from food lovers), Distillery, Cova (for drinks), over twenty new establishments from all Pink Parlor, Beauty Spot and It Figures over the Metro. Upon presentation to the (for the women), and Music21 (for the participating establishments, law students wannabe concert superstars).

The team spent the entire summer to who patronize them will be entitled to ensure the success of negotiations with freebies and discounts.

According to Eugenio, this year’s Blue the different partner establishments. The Card Team primarily aimed to increase process began with sending proposals, the reach of the privilege card. “Our followed by requiring constant follow-ups first objective was expansion in terms and meetings, and finally, the signing of of location. We targeted establishments a contract. Although the members of the located in areas frequented by the typical team encountered several rejections from Ateneo law student. So, we came up with other establishments, they believe that the following major areas: Rockwell the eagerness and determination of the vicinity, Makati Avenue, Jupiter Street, volunteers paid off in the end. According [The] Fort, Ayala [Avenue], A-Venue, to Eugenio, “What Team Blue Card requires is simply hard work. We would [and] Katipunan,” said Eugenio.

The pressure of the tenth year all benefit from it. Who wouldn’t want anniversary of the privilege card pushed freebies and discounts? We surely wanted the team to raise the bar and provide more and it was all worth it.”

The Blue Card is exclusive to students students with better options. Through a diverse mix of personalities in the student of the Ateneo Law School. To avoid body, Eugenio and the Blue Card Team confusion and possible counterfeiting pursued numerous merchants in order from false Blue Card holders, the Blue to cater to the different wants and needs Card Team 2013 is implementing a of every student. “We also decided to uniform design, per request of partner offer a variety of establishments. As a establishments. Only cards with the result, the team offers a wide selection embossed name and three white curve of establishments – food, beverages, lines will be accepted for all new partner bar, facial, manicure, wax, gadgets, establishments. P

Of new beginnings and Hunger Games: The ALS Freshman Orientation Seminar 2013

Student officers attend the inauguration of the organization rooms

Photo by Yul Araya

2013 ushers in changes for ALS from page 1 The Law School also employed a new method of grouping together the 2013 freshman batch this year.

As relayed by Jeffrey Miranda of the APS Registrar’s Office, members of this year’s freshman batch were pre-enlisted into their blocks upon enrollment, as compared to previous years when students were able to choose their respective blocks. If for some reason they wished to be moved to a different block, they may request a transfer, subject to the approval of the Administration.

For the first time, the Law School Administration partly employed a ranking system based on the scores that each

applicant garnered in his or her entrance exam.

Those who received the highest scores in the exam were placed in certain blocks, regardless of their academic standing in their undergraduate courses.

The new student distribution scheme was implemented by the Administration on trial basis.

These are just a few of the additions, revisions, and improvements set forth this year. With still a long way to go before this school year comes to a close, the possibility of more changes in ALS may be expected. P

3

from page 1 Furthermore, unlike previous years, this year’s OrSem lasted for three days.

During the first day, students went through Ignatian Spirituality and Focused Group Discussions with the Jesuits. “This was formerly incorporated with the Intro to Law Class but the Dean found it more effective in terms of forming the bond among the blocks if this will be held on the first day of the OrSem,” Dela Cruz said. The parents of the students also became more involved this year. An entire day was allotted by the Administration to orient the parents on what exactly they and their children could expect from the Law School, among other things.

The classrooms were renovated and repainted just in time for orientation.

The OrSem Team also got around quicker and communicated better with the use of ZELLO, a walkie-talkie type application for smartphones which all of

them downloaded just for the event. The team also introduced a number of fresh and innovative activities including speed reading sessions and real mock recitations conducted by the ALS professors themselves. “I asked six professors if they could give me their respective syllabi for the day. Each block had a different subject matter, playing from Labor Law, Media Law, Family Law, [Statutory Construction], etc. The professors followed a script which was basically their cue on when they would call out the ‘accomplices’ of the team,” Dela Cruz said.

The accomplices were actually part of a 50-man team who began working as early as the last day of final examinations last school year.

The traditional OrSem Night marked the end of this year’s seminar. P

Freshmen elect Areza as batch rep from page 1 According to CEJA Commissioner Viven Gay Gammad (3A), out of the possible 273 freshman voters, only 183 exercised their right to elect the person who will represent their needs and concerns to the Student Council. The election lasted from 11:00 a.m. to 6:00 p.m. with several CEJA Commissioners and members manning the booth. Ultimately, Areza was declared as the official batch representative of the freshmen for obtaining 105 votes, while Marquez had 73. Only five voters

abstained.

A graduate of Ateneo de Manila University with a bachelor’s degree in Management Economics, Areza centered his general plan of action to three main points: high retention of students (through the compilation of sample exams and review classes), seamless feedback system, and formation of a tight knit batch. Areza is the last member completing the Ateneo Law School Student Council for the School Year 2013-2014. P

Around 420 people flocked to Buma Building in Metropolitan Avenue, San Antonio, Makati City last 21 June 2013 to party the night away for this year’s Ateneo Law School (ALS) back-to-school party entitled Project X: Get Ready to Take Control.

Aptly named after the movie Project X, the night was filled with free-flowing drinks from The Bar and San Miguel Brewery Inc. Upbeat music was provided by Leo Camacho (2B). Hosts Gab Ignacio (3B), Abi Continuado (2A), and Cyndy De la Cruz (2D) kept the audience entertained with their funny jokes and witty remarks.

Incentives were given by some professors to different classes for attendance to the fundraiser. A new addition pioneered by the back-to-school party is the auction of free recitation passes from selected professors, given away as prizes to the highest bidders.

The highlight of the party was the comeback of the Search for Mr. Law School, which had been discontinued

for the past two years. Representatives from the different blocks of all year levels showed off their good looks and charm as they modeled onstage and in front of the Law School community. Pol Fojas (1E) emerged as the winner of the night as he enthralled the audience with a stellar performance with his band.

The back-to-school party is a project of the ALS Student Council in cooperation with The Bar, San Miguel Brewery Inc., Zap Group Inc., Get Blued T-shirts, CD Asia, and Business World. Spearheaded by Dyan Garcia (2B) and Kamae Livelo (2D), the party was definitely a great way to usher in the new school year and welcome the freshmen of the Ateneo Law School.

Proceeds of the said event will go to the 2013 Ateneo Central Bar Operations. P

ASIL bags honorable mention in Vis Moot Court Competition

By Erlaine Vanessa D. Lumanog The Ateneo Society of International Philippine-Ateneo de Manila University Law (ASIL) did the school proud with delegation attained Honorable Mention an Honorable Mention for Respondent for the Werner Melis Award (Best Memorial Award from the annual Memorial for Respondent) alongside 29 Willem C. Vis International Commercial other law schools including Columbia Arbitration Moot Court Competition University, Georgetown University, and (Vis) held in Vienna, Austria last 22-28 Yale University.

March 2013.

The team from the National University Among the competitions that ASIL of Singapore won first place, University of participates in, the Vis Arbitral Moot Munich for second, and University of New is the only one that deals with private South Wales and University of Vienna international law as opposed to the usual were tied for third. According to ASIL public international law. Vis is structured President Toni Lou Sevilla, the team had to meet the business community’s to submit two memorials before flying out preference for resolving international to Vienna for the oral rounds in March – commercial disputes by arbitration. This one in December for claimant memorial year’s problem pertained to the purchase and another in January for the respondent of polo shirts alleged to have been made memorial. by child laborers.

Although unfortunately failing to Training almost every day from the make it to the final rounds, oralists Saile end of October until March, ASIL’s Vis and Squilliantini ultimately ranked 65th team was composed of oralists Barbara out of 290 teams. The City University of Saile (4D), Aislyn Yao (4C), Claudia Hongkong captured first place for the Squillantini (3A), research assistant Frédéric Eisemann Award for Team Orals, Gillian Tero (2A) and coach Atty. emerging as the 20th Vis champion.

Cecille Mejia (ASIL Alumna and Ateneo ASIL began competing in Vis, as well Law School faculty member). “For the as in Vis- East held in Hongkong, in 2003. memorials,” said Squilliantini, “our coach Since then, the best ranking that an ASIL would require a new or edited draft every Vis team was able to achieve was in 2009, other day, which was quite tedious.” The when the delegation broke through to top team’s hard work paid off because out 16 out of 233 universities. P of 290 schools from 67 countries, the

Freshmen during the back-to-school party

Photo by Quito Nitura

LENTE holds fora on campaign finance and political dynasties

By Patrisha Esther Chatto and Mikee Retirado In light of the recently concluded midterm elections, LENTE (Legal Network for Truthful Elections) proved true to its advocacy of electoral education by organizing a series of talks regarding two widely talked-about election issues – campaign finance and political dynasties – last 26 June and 2 July 2013, respectively at Justitia Hall, Ateneo Professional Schools, Rockwell, Makati City.

The esteemed speakers for the first forum entitled The Cost of the Post: A Forum on Campaign Finance in the Philippines were Ms. Malou Mangahas of the Philippine Center for Investigative Journalism (PCIJ) and GMA News TV, Professor Eleazar Ricote of the Association of Schools for Public Administration in the Philippines (ASPAP), and COMELEC Commissioner Christian Robert Lim. The forum elaborated on the legal aspects of campaign financing in the Philippines and the role of the academe in electoral reform. Commissioner Lim delineated the dictates of the Omnibus Election Code as to campaign finance. Thereafter, Professor Ricote, to appeal to the aspirational side of the audience, went on to say that “the youth inside the academe, once made aware and trained, can be a major advocate for electoral reforms. Their huge number and enthusiasm can be encouraging to ignite interest and action from other stakeholders.”

The second installment of the series was dubbed Hereditary Politics: A Forum on Political Dynasties in the Philippines, with Mr. Ed Lingao of the PCIJ and Professor Ronald Mendoza of the Asian Institution for Management (AIM) as guest speakers.

The symposium exposed the history and continued existence of political clans in the country, eyeing the details of the infamous incident in Maguindanao. The speakers further discussed the relationship between poverty incidence and the proliferation of political dynasties as demonstrated in a study by the AIM Policy Center entitled Inequality in democracy: Insights from an empirical analysis of political dynasties in the 15th Philippine Congress. Significantly, the study showed that political dynasties are not associated with increasing (or decreasing) poverty, on the average.

However, higher poverty incidence increases the chance for dynasties to grow and dominate the political positions under analysis.

LENTE will be holding more fora on the controversies, which it hopes could serve as springboards for conversations and can lead to policy development. These conversations would not only concern high-ranking officials of the government and election stakeholders, but also law students who will become the leaders of tomorrow. P

Blue Plate Symposium: Feeding the nation, one child at a time Last 21 June 2013, the Ateneo Law School (ALS) Student Council (SC) organized a symposium on the Blue Plate Feeding Program at Veritas Hall.

The symposium was intended to update and re-educate the organization heads regarding the history and progress of the project during the last school year.

The event also gave the said heads an opportunity to evaluate and to provide input that will help in the improvement of the project for this school year.

The symposium began with a welcome address by Atty. Clarisse Estorinos from the Ateneo Human Rights Center (AHRC). In her speech, Atty. Estorinos gave a short history of the Blue Plate which initially began in the Loyola Schools during the last year of former Ateneo De Manila University President Fr. Ben Nebres, S.J. In embodying the Atenean value of magis or striving for more, the project

By Alyssa Hannah R. Nuqui intends to enhance the education system the SC 2012-2013 implemented the Blue in a non-traditional way through proper Christmas and Food Sale projects, while nutrition of students from different public the AHRC spearheaded the Blue Plate schools within Metro Manila. Later in the @ the Caf program and solicited from program, Atty. Estorinos’s introduction law firms. Despite these efforts, the law was supplemented by a comprehensive school community was only able to raise discussion of one of the over-all heads approximately Php300,000, which is Php of the project, Mrs. Oracion. According 1.1 M short of the Php 1.4 M goal. to her, the project is an answer to the In the SWOT analysis facilitated by problem that hungry children cannot SC External Vice-President Bernadette learn. While she admits that Blue Plate is Eugenio (4A), questions as to where only a temporary solution, she explains and why the efforts of the Law School that the impact of hunger to a child is community lacked were answered. irreversible; thus, immediate action must Donor’s fatigue, late implementation, and be taken. lack of promotions were among the most Thereafter, ALS SC President prevalent answers from the participants.

Bang Dizon (4D) gave a background Despite these, the attendees also gave of the project since its early days of suggestions as to how the project can be implementation in the Law School. improved this school year.

According to her, organizations used Ideas such as establishing an to have separate projects specifically endorsement booth for the project in intended to raise money for Blue Plate. As every organization activity, as well as for the SC’s contribution to the project, better promotional videos and material

were suggested by the heads. According to Eugenio, it is in the implementation of these suggestions that the different strengths of the organizations can be utilized and can even serve as an opportunity for collaborations among them. She also laid down the plan of action proposed by the SC to the organization heads. She announced that the SC will be requiring the organizations to create at least one event specifically geared towards raising awareness and generating income for the Blue Plate. As for the rest of the student body and the Administration, Eugenio said that it just takes around Php60 per month per person to be able to raise the target amount.

The event concluded on a very positive note with new ideas for the success of the project and a renewed enthusiasm in the participants to encourage their fellow students in supporting a project that is truly by men and women for others. P

OPINION

facebook.com/palladiumALS @palladiumALS

Lawdoubility

palladiumALS@gmail.com

By Patricia Janelli A. Davide

www.palladiumonline.com

The other 4Ps

E D I T O R I A L

What would Jesse do?

“Asia’s rising star” was how Moody’s Analytics dubbed the Philippines’ stellar economic performance as of April 2013. A month before that, Fitch Ratings upgraded the country’s investment rating grade from BB+ to BBB-, which, according to news from GMA’s Siegfrid Alegado, is poised to “trigger an investment rush.” This was soon followed by Standard & Poor’s Ratings Services’, that gave the Philippines its second investment grade. In May, Japan Credit Rating Agency, Ltd. raised the BBB- status to BBB so that in less than three months, some of the world’s top debt watchers had expressed their prospects for economic growth, seeing the country as a “viable investment destination,” Alegado reported.

As rains pour in, The Palladium pays homage to three icons – all heroes in their own right – whose deaths precipitated tears enough to flood a nation. But were the tears also enough to wipe it clean of the abuse of power they so actively, adamantly fought for? We continue to hope they were.

Yet what do all these mean to the average Juan and Maria? Does greater economic activity, including the influx of foreign investments, necessarily result in higher economic growth, more jobs, and a declining poverty rate?

How many times do people truly mourn the loss of a leader so beloved? How many times have we said, “The Filipino is worth [living and] dying for” and truly meant it?

Public-Private Partnership (PPP) has long been recognized as an ideal strategy for, though not necessarily the panacea to, the financial woes the government constantly faces in fulfilling its obligation of delivering basic services to the people. In fact, there has been an increasing trend toward PPPs in the last two decades. Under the PPP setup, the government teams up, as it were, with a private sector party, whose expertise may be tapped in order to finance, construct, design, and implement, among others,

Enter the first three Ps.

1 August 2009. The country bid farewell to the “housewife who led a revolution.”

Amid adversity, it was Cory Aquino’s simplicity that left an indelible mark on the millions of Filipinos who saw her take up the cudgels on behalf of her husband and his cause. Her reputation as a moral compass will never be forgotten.

18 August 2012. While his contemporaries were busy filling their own pockets, Jesse Robredo’s public service was an exercise of emptying himself. While others raced to get the latest Lacostes and Louboutins, his brand of tsinelas leadership paved the way for a more frugal system of handling taxpayers’ money, which eventually translated into concrete changes that people saw and felt. This may have been radical for some but in reality, it only took cost-cutting steps as simple as limiting the number of operating hours of all air conditioning units in the City Hall.

“What would they do?”

Airplanes. August. Gone too soon. Parallelisms abound in the lives of Ninoy Aquino and Jesse Robredo. One was a feisty freedom fighter, the other a silent reformer. Whichever way they did business, their unmistakable patriotism stood out.

21 August 1983. Ninoy Aquino was the epitome of a true statesman. His eloquence inspired many to take action: “We should not depend on one man, we should depend on all of us. All of us are expandable in the cause for freedom and therefore I say stand up now and be a leader, and when all of us are leaders, we will expedite the cause of freedom.” After thirty years, his story continues to ignite a spark of hope and passion even in those who were not around (or too young) to see him at his prime. It is unfortunate that his brutal murder remains unsolved and left to speculation and conspiracy theories after all this time.

Three deaths and a budding social revolution. History teaches us that the temperamental month of August brings more than just the unpredictable habagat and torrential rains to our country. It has also offered us a handful of social impetus – if only we knew. Or took advantage.

We cannot always wait for tragedies to bring us together. The momentum generated by each calamity, each controversy, each death, must be sustained.

After all the crying and dampening of spirits, we must muster up the courage to rise up, take initiative, and think and act for ourselves.

Ninoy, Cory, and Jesse’s lives are poignant reminders of what the Filipino spirit is capable of. And it would not hurt to remember the stories behind these dates – the lives they led, the legacy they left – and ask ourselves, “What would Ninoy, Cory, or Jesse do?” P

“

5

OPINION

4

On the Record: PORK

While corruption is a tragic reality in this country, the revelations about the systematic plunder of government coffers are unprecedented in magnitude and extent.

One will simply run out of adjectives, if not expletives, to describe the humongous amount of monies involved. It runs through a very wide gamut of the institutional fabric of our society enveloping several executive departments and agencies, the two chambers of Congress, local government units, non-governmental organizations (NGOs), and other entities. It represents a breakdown in our procurement, fiscal and auditing systems.

I propose three imperatives that we as a society must pursue if this current scandal is to be resolved decisively in favor of good governance. “Never again” must be our goal, and to get to that we must see three things happen: First, the prosecution and conviction of the guilty individuals no matter how high up it goes; Second, the abolition of the PDAF once and for all, slaying the pork barrel beast with finality so it will be never resurrected again; Third, the transformation of governance and political structures in our country so that they would serve the interests of the people, especially the poor, and not that of a few individuals and families. This includes the passage of the Freedom of Information Act, strengthening political parties as against dynasties and traditional politicians, and having clarity on the role of citizen organizations.

- Dean Tony La Viña, Prosecute! Abolish! Transform! (via Rappler.com)

Illustration by Pierre Salva

Editorial Board Patricia Janelli A. Davide Editor in Chief Iris M. Pozon Associate Editor Arik Aaron C. Abu Managing Editor Joseph Giancarlo C. Agdamag Junior Associate Editor Erlaine Vanessa D. Lumanog News Editor Nellaine Annabelle L. Soliman Legal Editor Darcee Lois B. Galleon Features Editor Rita Odessa A. Villaruel Arts and Culture Editor Ana Flor M. Lacanlalay Layout and Graphics Editor Yul C. Araya Photos Editor Ma. Lourdes N. Colinares Marketing Manager Dan Abraham G. Guinigundo Office and Circulations Manager

Staff NEWS Frances Pabilane Mika Sollano Kaye Baldonado Alexis Aquino Aika Beltran Cara Maglaya Gay Gamad LEGAL Gerard Contreras Mao Santos FEATURES Korin Aldecoa Lara Tuazon Jason Certeza Anna Bueno Laurice Peñamante Kim Rances Alyssa Nuqui ARTS & CULTURE KT Ramos Regina Martinez Jami Chan Paula Rivera Ivy Enguio Carlo Narvasa LAYOUT & GRAPHICS Jean Ramirez Pierre Salva Kamae Livelo Erwin Bautista Karen Baquiran Joanne Ala PHOTOS Aika Beltran Jo Godino Denise Sales Raymond Cusipag Joan Estremadura Maki Falgui Ann Guillian Tero Quito Nitura MARKETING Francis Panganiban Raymond Sanchez

infrastructure and development projects, and provide services traditionally undertaken by government.

No less than the 1987 Constitution declares as State policy in Article II, Sections 20, 24 and 27, respectively, its recognition of the indispensable role of the private sector and the vital role of communication and information in nation-building, while maintaining honesty and integrity in the public service. Indeed, a number of major infrastructure and development projects – from highways, railways, ports and airports to classrooms, markets, and water and sewerage systems – have become possible with the outpour of support from investors, both local and foreign. No matter how laudable their goals however, these private investments have not been spared from controversy.

PPPs amid arbitration A leading Dutch real estate developer has filed a claim at the ICSID against the Republic of Turkey for breach of Turkey’s obligations to treat foreign investors fairly and equitably and for expropriation of a successful real estate project in Istanbul. The Dutch real estate developer argues it was encouraged to come to Istanbul and, through a Turkish subsidiary, invest substantial amounts of money to construct a state-of-the-art housing project. But after it became a success and construction was well under way, the Turkish government unlawfully terminated the contract and seized the property involved. The loss and damage is estimated at over $400 million (US). -Het Financieele Dagblad, 24 October 2011

Doesn’t this story sound familiar? Didn’t the Philippine government abrogate the BuildOperate-Transfer (BOT) agreement between Philippine International Air Terminals Corporation (PIATCO) and the Department of Transportation and Communication (DOTC) for construction and operation of the Ninoy Aquino International Airport (NAIA) Terminal III due to alleged fraud and corruption attending the bidding? In 2004, the government expropriated the property, leading PIATCO and Fraport A.G., a German company that had invested in PIATCO on the belief that the Philippines had conferred concession rights upon PIATCO prior to the investment, to file arbitration turn to page 6

Minesweeper

For what it’s worth

By Iris M. Pozon

By Arik Aaron C. Abu

The Purge

Purge (transitive verb) 1(a): to clear of guilt; (b) to free from moral or ceremonial defilement; 2(a) to cause evacuation from; (b) to make free of something unwanted xxx (Merriam-Webster) TWO PORSCHES, numerous luxury watches and jewelries, branded bags, shoes and clothes, at least two Los Angeles apartments (including a Ritz Carlton address commanding a selling price of at least Php 80 million), more than 28 houses across the country, and over four hundred bank accounts—these are a few of the Napoleses’ favorite things.

Under fire not only for their extravagant lifestyle but also for allegedly conspiring with a number of government officials to siphon billions of pesos from pork barrel appropriations, the Napoleses have now become the unwitting faces of corruption and severe public betrayal, and the target of heavy, almost mob-like backlash and Filipino ire. But honestly, who can and would blame the public?

The pork barrel—also known as the Countrywide Development Fund, Congressional Initiative Allocation, and now, Priority Development Assistant Fund (PDAF)—is a Congressional lump-sum appropriation to finance priority government projects pursuant to Republic Act No. 9206 (General Appropriations Act). The Supreme Court has declared it to be constitutional on several occasions. But years after the promulgation of these decisions, the ills over the manner by which our legislators euphemistically ‘prioritize’ the spending of people’s hard-earned tax money continually manifest like a rash on steroids.

Like any government scheme, the pork barrel system was instituted to better serve the people (in this case, by refocusing infrastructure expenditure and implementing projects in places that have been overlooked by the national government). As in most money transactions however, temptation kicks in when discretion and lack of proper accounting are factored into the equation. But it’s not as if the pork barrel controversy is new. In strictly legal terms, it is government project funding. In the street, ask any man and he will likely tell you that it’s your average pampalaki-ng-bulsa-ni-Congressman and pambawi-sa-gastos-nung-eleksyon. Almost everyone knows pork barrel money is being “redirected” from actual government works to line instead the designer pockets of politicians, and yet, no one really does anything about it. And perhaps the real problem lies here.

We have heard it several times: Napoles is just “the tip of the iceberg.” Innocent or not, she is a mere representation not only of a rash, but of a cancer that has found itself trickling down to the very grassroots of government. The Napoles web of controversy allegedly involves officials from top to bottom, left to right, public and private corporations, and even the religious. As the issue unravels, it has proven to be nothing but a disgusting game of greed—with too many interested players doing their best to protect their “source of income” and prevent investigators from catching them with their hands in the cookie jar, instead of honestly pushing for government reforms.

As of press time, clamors in social networking sites for concrete changes in government spending are snowballing into a massive protest in Luneta. Let’s hope someone listens.

Because truly, what will happen to this country if its leaders turn their back against its people and refuse to listen?

The Napoles controversy should neither be limited to Facebook castigations of Janet Napoles nor her socialite daughter—who quite honestly, was instrumental to all these, whether or not she “give[s] a sh*t.” It should not be trivialized into a one-woman story. It is greater than Mrs. Napoles. We must accept and deal with it in its entirety, because that’s what it is: a complex pillaging of the Philippine treasury—our money.

Blood-sweat-and-tears money. Kids-doing-rugby money. People-becoming-homeless money. Instead of merely focusing on judicial funds, our leaders now have a chance to correct all discretionary spending. Our country is at a crossroad. This issue should come now not only as plea for change, but also as a shot for this government (matuwid na daan and all)—and for the governments to come—to finally address a great societal evil. We have no need for fictional one-day violent catharsis. We have an opportunity to purge, let’s take it. P

Eleanor We belong to a generation provided with the convenience of the internet, cellular phones and easy access to just about anything and everything we need. As I see it, this phenomenon of convenience has given us the illusion that life is easy—that we have made it in this life, and we no longer need to strive any further or as hard as our parents did. At the risk of sounding narrow-minded, I think we have been accustomed to certain privileges in life that it has become an easy feat to take these things—unearned things for that matter—for granted.

I have come to this realization after watching Randa Haines’ The Triumph: a movie about a struggle of teaching in public high schools in the United States. I must admit that it was great seeing Chandler Bing pretending to be Matthew Perry pretending to be a high school teacher teaching difficult teenagers. It was only until the end of the film that I came across a quote which reads: “The future belongs to those who believe in the beauty of their dreams.”

As it turns out, these words were said by one Eleanor Roosevelt.

Anna Eleanor Roosevelt, wife of Franklin Roosevelt, holds the record of being the longest-serving first lady of the United States. Although born to a rich and affluent family, she was quite vocal in making a stand on important public issues in her time. She dedicated the latter part of her life to advocating human rights, well beyond her tenure as the first lady. She fought racism and gender inequality and even became a part of the commission that drafted the Universal Declaration on Human Rights.

I would like to believe that Eleanor Roosevelt was a beacon of change because she refused to accept the status quo of her time. Instead of living a good life, she chose to take on fights that were not for her to take on to begin with. It would have been easier for her not to care—but she did. She was far from being perfect, but she nevertheless dedicated her life to what she is most passionate about.

We live in a world where Hitler and Marcos are already dead, and we will never know how real our grandparents’ stories about the World War II or the Martial Law will ever get. Our lives have been reduced to the most trivial of problems, like leaving one’s phone behind, not knowing where to eat dinner, and regretting having left that phone at home and not being able to take a photo of dinner to be uploaded on Instagram.

I believe life should not be as easy.

The future belongs to those who choose not to remain satisfied with what is convenient.

Chances are, you once had in your kindergarten yearbook a little phrase of what you wanted to be “when you grow up” (mine, by the way, reads “I want to become to doctor,” and I do not think that one is going to happen any time soon). Unfortunately, we are not getting any younger. Growing old does not delay the inevitable reality that we have to stand up for ourselves: our principles, our decisions, and our future.

We belong to a generation provided with everything we need in order to succeed. It is upon each and every one of us to take a more proactive stance in achieving our dreams.

Should we allow ourselves to fall prey to the idiosyncrasies of these “conveniences,” we will not get anywhere. P

OPINION

6

#Obiter

By Joseph Giancarlo C. Agdamag

Sign of the times If current trends were to be an indication, then it is safe to assume that the Philippines is riding a wave of tolerance. Slowly but surely, conventional norms are being permeated, ushering in a more enlightened citizenry.

It cannot be denied that the Reproductive Health (RH) Law started it all.

Notwithstanding the stumbling block it faces in the Supreme Court, the RH debates served as an eye-opener for the wide range of social issues that our Church-subservient society failed to address.

Hopes are high that this single and most important piece of social legislation will eventually be upheld. When the Court initially issued the status quo ante (SQA) order against its implementation, the vote was at 10-5. But after the anti-RH lobby buckled in the first round of oral arguments, the recent extension of the SQA is now at 8-7. As the proceedings come into full swing, it won’t be surprising if anti-RH backers eventually dwindle.

After all, the Catholic Church—the RH, or perhaps liberalization’s mightiest adversary— is suffering a major backlash from among its ranks. In the guise of protecting dogma, the bishops have failed to recognize the multi-faceted composition of the populace the law seeks to foster.

But in retrospect, pundits have to thank the Catholic Church for providing a muchneeded, rich and thorough discourse. Because of everything that transpired, proposals for a spectrum of equally relevant laws have come out in the open. The subjects of these bills range from divorce to same-sex unions. Divisive media campaigns and highly protracted legal battles are looming for these proposals. But unlike the RH Law, which took fifteen years and five Congresses in the making, it is quite possible that these bills would be legalized sooner than expected.

One just needs to open his eyes to know why.

First, there is Charice. Who would have thought that the provincial-lass-turned-globalsinging-sensation would risk her lucrative career to come out and declare on national television that she is lesbian. Sure, it raised a lot of eyebrows, but you have got to give it to her. The girl has balls, albeit not in a literal sense. After this difficult chapter, Charice is now happily out of the closet, making beautiful music again.

Then comes the breakout success of “My Husband’s Lover,” local TV’s first series with an admittedly same-sex romance theme. Every evening, many viewers are gripped with this love triangle involving a wife, her husband, and his bestfriend-cum-lover. Barely a few weeks since its pilot, the show has already amassed a cult following and has been consistently trending online. As usual, the bishops tried to enter the picture, but then again, they eventually end up as antagonists.

As for divorce, the clamor for its passage has never been this loud. Take for instance, the ill-fated ending of Ai-Ai de las Alas’ recent marriage. In the spate of news involving battered spouses, it doesn’t help that the Philippines remains to be the only nation without a divorce law. Existing legislation addressing such situations might abate physical suffering; but really, do these people have to be stuck in an unhappy marriage and suffer emotionally forever?

The other 4Ps from page 5 cases against the Philippine government.

During the first two years of the Aquino administration alone, huge projects such as North Rail and Laguna Lake Dredging have been voided and cancelled respectively for alleged irregularities. The current administration’s focus on— rehashing, even, of—PPPs brings a lot of questions to the table. For one, note the increasing number of arbitration proceedings the Philippines has become respondent to at the International Centre for the Settlement of Investment Disputes (ICSID), most of which were brought about by the government’s unilateral termination of the contracts in the name of anticorruption. According to a 2012 report of the United Nations Conference on Trade and Development (UNCTAD), Argentina, with 52 claims under its belt, ranks first among State-respondents to known investment treaty proceedings. The Philippines, meanwhile, has four. This is twice the number of claims the country faced back in 2006.

As of June 2013, the Philippines is party to 35 bilateral investment treaties (BITs) for the promotion and protection of investments, among which Belgium, China, and Germany are partners. The Philippines’ BITs with these countries entered into force before or at about the same time PPP projects were awarded to their nationals. The same investors were responsible for filing arbitration claims against the Philippine government, when the latter cancelled its contracts with companies from Belgium (Laguna Lake Dredging Project) and China (North Rail Project) based on alleged anomalies surrounding their award.

Balancing act Imbued with public interest, the very nature of PPP contracts makes striking a balance between investor protection on the one hand, and state sovereignty on the other, a tad more difficult. With all the optimism the international community has shown for our economy lately, and the projected improved flow of investments in the country, why are there people still jobless or homeless? Is the prospect of sustainable growth and development too lofty a goal? An Asian Development Bank (ADB) report cites inefficient state systems—the rule of law being a particular cause for concern— as constraints to private sector development. The number of arbitration cases the Philippines is involved in should be enough to keep the government on its toes if it were to maintain the positive status the country is currently enjoying.

Yes, foreign investments could bring in more jobs and help alleviate poverty. But they can only do so much. What happens when investor confidence is lost to corruption?

For the people Enter the fourth and final P. Empowerment and full disclosure to the people go hand in hand. The people have as much stake in the country’s progress as the government. And PPPs could very well be the starting points that put infrastructure and development projects in place. PPPs present an opportunity not only to curb government expenditure but also to rely instead on sectors that are already equipped with the technical know-how in the delivery of quality, basic services. It would be a shame to waste this timely opportunity to finally take a step forward in the road to progress via Public-Private Partnerships that are truly, as PPP Law Professor Alberto Agra puts it, for the people. P

Good or bad, these proposals have lots of implications. However, there is a common denominator—what used to be taboo is not unconceivable, after all. Before, the Philippines used to be a laggard, but now, the country walks with the rest of the pack.

Some call it change. I call it progress. P

Happy Thoughts

By Erlaine Vanessa D. Lumanog

Seeking lasting solutions The Metro Manila Development Authority (MMDA) is looking into the modification of the Unified Vehicular Volume Reduction Program (UVVRP) or Number Coding by increasing the two-digit coding vehicular ban to a four-digit scheme in order to address the worsening traffic situation in Metro Manila.

MMDA Chairman Francis Tolentino is proposing the modification of the UVVRP such that vehicles will be banned from using Epifanio Delos Santos Avenue (EDSA) twice a week. Under the suggested change, vehicles ending in 1, 2, 3 & 4 will be prohibited from using EDSA every Monday without permitted window hours; 5, 6, 7, & 8 (Tuesday); 9, 0, 1 & 2 (Wednesday); 3, 4, 5 & 6 (Thursday); and 7, 8, 9 & 0 (Friday). According to Chairman Tolentino, the modification will only be implemented along EDSA upon approval of the Metro Manila Council (MMC), which is the policy making body of MMDA. Tolentino said that there are now 3.3 million registered vehicles in Metro Manila, a far cry from the 1.9 million in 2010. He said that the modified scheme is patterned after a similar traffic regulation in Rio de Janeiro, Brazil. The Traffic Engineering Center of the MMDA opined that if the modified UVVRP is implemented, the flow of traffic along EDSA would improve some 40 percent.

It is not disputed that the operation of a motor vehicle is a mere privilege subject to governmental regulation. In the case of the modified Number Coding Scheme, there is no legal issue to speak of. However, the wisdom of the regulation must be closely examined.

The modified scheme seems to be shortsighted – something to alleviate but not cure the

defect. A number of concerned citizens have the opinion that such alteration would just put the low and middle-income groups at a disadvantage. I agree. What the modified number coding does is to decongest the flow of traffic by banning motor vehicles from using EDSA twice a week. While there is no doubt that the scheme will decrease the number of vehicles on the highway, such will only be effective until Filipinos decide to purchase new vehicles – that is if people can afford it.

Usually having one or two vehicles, members of the middle-income group are affected because acquiring another car is not a practical idea. If the scheme is implemented to public utility vehicles as well, then the low-income groups, who are normally commuters, are greatly impacted. On the other hand, there is no stopping those who have unlimited resources, comprising less than 10 percent of the population, to buy additional vehicles in order to deal with the inconvenience of the modified number coding.

What the government should look into are other causes of heavy traffic in Metro Manila, such as road works, bottleneck points and poor public transportation systems. From a personal experience, the improper use of bus stops in the loading and unloading of passengers block the flow of traffic. If law enforcers strictly implement the conduct of buses on EDSA, that by itself will considerably improve the problem of congestion. The construction and renovation of roads should also be monitored because these constrict the movement of vehicles as well. As for public transportation, the Department of Transportation and Communication should explore increasing the capacity of the Metro Rail Transit systems as to accommodate more commuters. One author has pointed out that there are less than 20 used by the EDSA-MRT3, which carries an estimated 500,000 passengers on a daily bases. The maximum of the EDSA-MRT3 is said to be 72 carriages. If public transportation is improved, the use of public utility vehicles along EDSA will decrease, and consequently, so does congestion.

Ultimately, Metro Manila does not need shortsighted solutions. Metro Manila needs long-term strategies. P

7

OPINION

Oddly Enough

Leitartikel

By Nellaine Annabelle L. Soliman

By Darcee Lois B. Galleon

Other end up What happens when the world’s entire citrus crops are in danger of being obliterated due to a centuries-old virus? Yes, there may be no more orange juice! But the implications go more than the fruit or the juice. There’s the loss of jobs, the bankruptcy of growers, and the loss of billions that citrus crops actually contribute to the world economy. More than thousands of citrus growers in Florida are experiencing the spread of the virus.

And since gone are the days when man cannot defy extinction, American scientists have made the move to alter orange trees’ DNA, developing a genetically modified organism (GMO) that will survive the virus infection called citrus-greening.

This is not the first instance GMO has been developed. Fascinatingly enough, tomatoes have been genetically modified to have longer shelf life. Some tomatoes have even been infused with fish genes to make them resistant to cold temperature. Mustard plants and tobacco genes have been modified with firefly genes to produce that glowing light.

Crossbreeding has been made in apples to produce those crunchy Fuji kinds. In our country, the International Rice Research Institute (IRRI), supported by several big international foundations, and with the cooperation of research agencies from other countries, has developed “Golden Rice” that is reported to have been submitted weeks ago for government’s approval. The rice is not just literally gold in color, but the crops were genetically altered to become enriched with Beta-carotene and Vitamin A. The rice’s appearance could very well be likened to that rice mixed with the stellar-named margarine that promises kids with the same vitamin. Golden Rice’s development is supposedly for the noble cause of addressing problems of food shortage and nutrition deficiency in children all over the world. In fact, it was given to Chinese children, until the Chinese government found out about it and put a stop to the ‘testing.’ So the cause may be noble, but at what cost? No one seems to know yet. Consumers have been reluctant in accepting GMOs. Truthfully, it is because of the fear of the unknown. After all, no one could really say if the Richard Matheson novel on the obliteration of human kind due to a genetically engineered virus will remain a fiction. We are at an age where technology is so vast and advanced, and genetic engineering is no longer a figment of imagination. Even biochemists or GMO developers cannot assure the consumers on the long-term effects of genetic engineering. It is not just a matter of saving a species of plant but a matter of consumers’ life.

I have thought that law school has made my world larger, my mind more open to possibilities. Although I am one of the millions who do love orange juice, and who would definitely want the citrus crops saved from extinction, I am not yet that brave soul indeed to welcome the thought of drinking the juice or eating the fruit where the orange’s gene has been infused with a pig’s DNA, the only gene supposedly proven thus far to be effective in fighting the virus producing the citrus-greening.

Our imagination as to the taste can escape our minds. But it leaves us asking, how far will man go to manipulate life or to save life for that matter? If the citrus crops have survived a centuries-old virus, can we not leave it to nature, then, to adjust itself for centuries more? Then again, we have the transgenerational responsibility to see to it that the other end is up. The question is, which end will it be for you? P

Into the [plastic-littered] gates of hell

“Ma’am, do you have a grocery bag?” the cashier said, as if greeting me with judgment.

I had just patiently waited for my turn in the grocery queue, placed all my food on the counter and rummaged through my purse as I waited for the cash register’s bleep about ten seconds ago. I stared at her blankly and retorted, “Naubusan na ba kayo ng plastic?

(Did you run out of plastic bags?)” The cashier apologetically looked at me and pointed at the stack of paper bags beside the counter—it turned out that the local government of Makati has finally started implementing its ban on using plastic.

The month of June marked the end of the grace period for Makati establishments to finally replace their inventories with paper-based products. From coffee shops and small eateries to groceries, establishments are now diligently following the ordinance lest they be fined for its violation.

My situation annoyed me at the time. I bought around two bags of groceries and wondered how I was going to carry them home. Flashes of scenes from a movie ran through my mind—the one where a lady carried overflowing bagfuls of groceries to her car when suddenly, the paper bags gave out and all her groceries tumbled and scattered around the parking lot. Admittedly, my fear was irrational. I know it was petty to think about, considering that we are now living the effects of climate change and that there is a drastic need to lessen the use of plastics. But let’s face it. Every new change we encounter takes a lot of getting used to. It is like a bitter pill that we need to fully ingest in order to get better. The ban is that pill and frankly, people in Metro Manila should know that the world—or rather Mother Nature—is sick.

The tons of plastic we use and dispose of everyday clog our drainage system. We think that by banning the use of plastic products, we will already solve our problems with regard to flash floods and waste disposal. We commend establishments who use paperbased products. We post pictures on Instagram and on other social media sites showing compliance with the ban. There is even a move towards the formation of a national legislation—starting with Senate Bill 2759 or the Total Plastic Ban Act. It is good to hear of these things. But will these solve the problem permanently?

There are still some cities in Metro Manila that neither have an ordinance nor a policy regarding the use of plastic. There are still some establishments which, despite the ban, insist on the use of plastic and impose an additional charge for using paper products.

There are also people who demand that they be given plastic spoons or forks, instead of being lent metal utensils. And then there are those who continue to litter the streets with all sorts of junk.

Given these, I commend our local governments for taking this initiative. I just hope that we, as citizens, have enough discipline to remember that we have to do our part for our community and the planet. Certainly, nobody wants to hear or read another derogatory description of Manila. After all, nobody wants to be described as a plastic-littered gate of hell. P

Lush Elegies

and should do so without reserve. But there they are locked in rusty cages, only able to fly within cramped spaces. The lions and tigers are also naturally untamed animals for a reason. They should be out there in the wild, roaring aloud and roaming free.

By Rita Odessa A. Villaruel

It is a very convenient thing to say that keeping animals in captivity means more safety on their part. Others would insist that keeping the animals “under human care” would reduce the possibility of them being killed for food or money. Yes, that’s true. We wouldn’t have to worry about their skins eventually becoming belts and bags. But are the alternative shelters we are offering them adequate enough to support their natural means of living? Will the so-called human care in captivity compensate for forcing them to adapt to a man-made environment?

Beasts behind bars By now, the spinal cord of an elephant in Damnoen Saduak Elephant Village in Thailand, must already be prostrated at least fifty times more than the last time I was there. Every day of its life, it has to bear the weight of a metal bench and at least two persons seated on it, all pressed against its back.

By now, a dolphin born about three years ago must have already swum in and enjoyed the warmth of several lagoons and gulfs—but no; that dolphin is not out in the wild but stuck in some concrete tank for a show.

By now, a thousand days of unrestrained running in the wild forests have already been taken away from the three tigers locked within the walls of Manila Zoo.

Wild animals do not live anymore when they’re held captive. We are locking them up to become objects of entertainment and profit. We are not only dispossessing them of their homes and free will; we are taking their very lives from them.

I don’t need to understand animal language for me to know for a fact that animals do not enjoy captivity. It is a simple equation: Life – freedom = no life. P

These wild animals are being imprisoned all their lives. They are pulled out of their homes to be caged in zoos, parks, and other places for public exhibitions. They are held captive for profit-induced activities; they completely do not live anymore the way they should.

For me, taking these animals away from their natural habitats and keeping them in captivity is tantamount to depriving them not only of freedom, but of life itself. Take the elephants in Thailand elephant villages for example. They no longer exist for themselves; they have been turned into mere objects of amusement. They are there so we can experience what it’s like to ride the back of a huge beast. They are there so we can strike one item off our bucket list. They are there so we can upload another hashtagThailand photo on Instagram.

I have always loved dolphins but I’ll never be a fan of dolphin shows. Dolphins are borne with ample speed and naturally able to leap and swim miles a day. How can they do that if they are jailed in some small, dark tank—only able to actually move when entertaining us with their fun stunts?

Equally ill-fated are the animals in zoos. Birds have wings for a reason; they need to fly

We are inviting everyone to join The Palladium.

ASSISTANT EDITOR POSITIONS FOR ALL SECTIONS ARE NOW OPEN. Applications for Staff will be accepted all year-round.

8

9

CHIEF JUSTICE CLAUDIO TEEHANKEE CENTER FOR THE RULE OF LAW

FIRST LL.M. GET TOGETHER FOR 2013

LL.M. professors, graduates and students exchanged ideas in the roundtable discussion that concluded the gathering.

Last 8 July 2013, the Teehankee Center for the Rule of Law held the LL.M. Get Together at the Bernas Center to congratulate and honor the six (6) new graduates of the Ateneo Law School LL.M. Program. Also present in the event are Dean Sedfrey Candelaria, who delivered the welcoming address, and Atty. Amparita

CLAUDIO TEEHANKEE FOUNDATION CENTER FOR THE RULE OF LAW Integritas Hall, 4F Ateneo Professional Schools Rockwell Center, Makati City (632) 899-7691 to 96 729-2000 loc 2304, 2305, 2307 teehankeecenterateneolaw@gmail.com teehankeeruleoflaw.org

Sta. Maria, the Director of the Institute for Graduate Legal Studies. Atty. Sta. Maria expressed the goal of the institute of producing publishable legal theses and establishing linkages with other universities. Furthermore, Ambassador Manuel A.J. Teehankee of the Center for the Rule of Law introduced the LL.M. Theses Da-

tabase which aims to make LL.M. theses, along with the award-winning theses of the J.D. program, accessible in an online database. He also extended to the LL.M. students the helping hand of the Teehankee Center. The event ended with a roundtable discussion among LL.M. professors, graduates and students.

Congratulations to the six new graduates of the Ateneo Law School LL.M. Program:

1. Atty. Ginalyn M. Sacmar-Badiola 2. Atty. Marlita I. Vallestero-Dagsa 3. Atty. Adoracion U. Zare 4. Atty. Jennifer A. Balboa-Cahig 5. Atty. Lolibeth R. Medrano 6. Atty. Robert Nereo B. Samson

ALS SOPHOMORE GUIYAB AWARDED AS 2013 TCRL ESSAY WINNER

Guiyab received the envelope containing his award vouchers from Fr. Joaquin Bernas, SJ.

The awarding ceremony for the 2013 TCRL Essay Writing Contest was held last July 12, 2013 at the Center, 4F Ateneo Professionals School. Mr. Abraham Alonzo O. Guiyab, winner of the contest, presented his paper and gave response to his panel of reactors composed of Amb. Manuel Teehankee, TCRL Executive Director; and heads and representatives of various ALS student organizations. Guiyab's essay entitled, "Human Rights in ASEAN: How Non-Interference Impedes Development" was chosen among a number of entries received from other students of law schools within the ASEAN region. Guiyab received a Certificate of Excellence, $1000-worth of book voucher from Lexis Nexis and $300 cash gift. The certificate and vouchers were awarded by Fr. Joaquin Bernas, SJ., one of the trustees of the Teehankee Foundation, Inc. Guiyab is a sophomore student of the Ateneo Law School. The next TCRL Essay Writing Contest will be held in November.

Initial meeting for TCRL-IL student orgs tie-up held The first of a series of meetings for the proposed partnership between Teehankee Center for the Rule of Law (TCRL) and ALS student organizations involved in international law, international economic law and environmental law was held last 12 July 2013 at the Center, 4F Ateneo Professionals School. The meeting sought to get the commitment of Ateneo Society for International Law (ASIL), Ateneo Center for International Economic Law (ACIEL) and Environmental Law Society of Ateneo (ELSA) to support the various programs and activities of TCRL aimed at further increasing the existing body of knowledge in their respective fields and making these academic materials easily accessible to law practitioners and students. The meeting was attended

by Amb. Manuel Teehankee of TCRL; Helen Graido and Carlo Agdamag of ACIEL; Toni Sevilla and Carlo Sanchez of ASIL; and Ana Mascenon of ELSA.

On the Record: PRESS

“

While seemingly good-intentioned, the proposed Magna Carta of Journalists will weaken and threaten media practitioners rather than strengthen and protect them. It is, in fact, repugnant to press freedom. xxx

As far as I am concerned, the PCJ has no right to impose any "qualifications" [on journalists] at all. As Luchi Cruz Valdes said in our discussion in Relasyon, the mind, thought, beliefs, conviction, advocacy and style of one journalist differs from that of another.

Nobody, not even members of the legislature and the PCJ, can limit by any definition what a journalist should be or ought to be.

My unsolicited advice to our Senators is just to throw this proposed "Magna Carta for Journalists" into the garbage bin. "Magna Carta" is Latin for "great charter." Nothing is great about this proposed law - except for the danger it poses. If passed into law, it will be the "Magna Carta for Destroying the Independence of the Press."

-Atty. Mel Sta. Maria, Magna Carta for Journalists? (via InterAksyon.com)

LEGAL

facebook.com/palladiumALS @palladiumALS palladiumALS@gmail.com

www.palladiumonline.com

RH Conscientious Objectors

By Fr. Joaquin G. Bernas, S.J.

The story is told, true, I am assured, of a priest in the staff of a seminary who was feeling overwhelmed by the number of seminarians going to his room for confession. In self defense he put up a sign outside his room saying “Mortal Sins Only.” It effectively shortened the line of troubled penitents.

I would not consider this an example of a conscientious objector, but it is remotely analogous. The name “conscientious objector” is of military origin. It refers to people who refuse to go to war for religious reasons. Examples abound which date from as early as the 16th century wars when William the Silent granted the Dutch Mennonites the right to refuse military service in exchange for a monetary payment. Since then many people have been executed, imprisoned, or otherwise penalized for acting according to their beliefs. But as Muhammad Ali put it, ““I ain’t got no quarrel with them Viet Cong . . . They never called me nigger.”

The implementation of the Reproductive Health Law does not involve warfare but it has occasioned intense skirmishing among various religious groups. In an earlier article I wrote about the controversy as a war of religions. It is no surprise therefore that the concept “conscientious objector” has crept into the RH Law. In the enumeration of punishable acts Section 23(3) mentions: “(3) [Refusal] to extend quality health care services and information on account of the person’s marital status, gender, age, religious convictions, personal circumstances, or nature of work: Provided, That the conscientious objection of a health care service provider based on his/her ethical or religious beliefs shall be respected; however, the conscientious objector shall immediately refer the person seeking such care and services to another health care service provider within the same facility or one which is conveniently accessible ...”

The Rules and Regulations for implementing this provision elaborate on penal provision. The Rules make a distinction between Private Skilled Health Professional who are Conscientious Objectors and Public Skilled Health Professionals, i.e., between private practitioners and government employees.

For the private health practitioner, the Rules and Regulations allow him to put up a sign on the door to his office “enumerating the reproductive health services he or she refuses to provide.” The sign would be as effective as the “Mortal Sins Only” sign of the seminary priest.

For the public health professional, however, it is more complicated. “a The skilled health professional shall explain to the client the limited range of services he/she can provide; b) Extraordinary diligence shall be exerted to refer the client seeking care to another skilled health professional or volunteer willing

and capable of delivering the desired reproductive health care service within the same facility; c) If within the same health facility, there is no other skilled health professional or volunteer willing and capable of delivering the desired reproductive health care service, the conscientious objector shall refer the client to another specific health facility or provider that is conveniently accessible in consideration of the client’s travel arrangements and financial capacity; d) Written documentation of compliance with the preceding requirements.”

For some opponents of the RH Law this is definitely not enough. Aside from the fact that it can be a cumbersome procedure, the opponents would also consider this equivalent to making them tell others where they can receive sinful medical procedure aside from violating a person’s freedom not to say anything.

Equivalently they would consider it telling a person to jump out of the frying pan into the fire!

If they really are so conscientious, how would they in conscience provide for the health needs of those who cannot afford private health services? Is it not a fact that referrals to other doctors is common in the medical profession.

If a doctor feels that he or she is not competent to handle a problem, it is normal for him or her to refer the patient to someone else more competent.

Competence or incompetence, after all, is a very broad term. It can include religious incompetence.

But then, Rejoice! The RH Law might be the occasion for the creation of more Filipino saints. Look at possible penalties involved for prohibited acts: “SEC. 24. Penalties. – Any violation of this Act or commission of the foregoing prohibited acts shall be penalized by imprisonment ranging from one (1) month to six (6) months or a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), or both such fine and imprisonment at the discretion of the competent court: Provided, That, if the offender is a public officer, elected or appointed, he/she shall also suffer the penalty of suspension not exceeding one (1) year or removal and forfeiture of retirement benefits depending on the gravity of the offense after due notice and hearing by the appropriate body or agency.”

How many public functionaries in the health services can avail of these opportunities for beatification? Although the possible penalties do not include beheading or burning at the stake, they are tough enough to make saints or blessed out of ordinary public servants.

You might say that they would be foolish to risk such punishment. But saints are fools for Christ, are they not! P

Fr. Joaquin G. Bernas, S.J. is a lawyer, professor, and the Dean Emeritus of the Ateneo Law School.

He was a member of the 1986 Constitutional Commission, and has published various books in Constitutional Law. The above article was published on 14 July 2013 in the Philippine Daily Inquirer, and is reprinted with permission from the author.

Sharing the fishing zone with Taiwan

By Gerard Contreras and Nellaine Annabelle Soliman

Taiwanese fisherman Hung Shihcheng died in his fishing vessel Guang Da Xing No. 28 when he was fatally shot by a member of the Philippine Coast Guard (PCG) on the waters north of Batanes, Philippines last 9 May 2013. According to reports, the PCG claims it responded against the alleged threat of being rammed by the Taiwanese group. The death of Hung Shih-cheng caught the ire of Taiwan — prompting the Philippine Government to release a warning to Filipinos in Taiwan to maintain a low profile and refrain from going out of their homes for fear of reprisals. In addition, the incident gave rise to economic problems for the Philippines. The Taiwanese Government has sanctioned a hiring freeze on Overseas Filipino Workers (OFWs) and has threatened to send them back to the Philippines. According to Manila Economic and Cultural Office (MECO) Chairman Amadeo Perez, there are 87,000 Filipinos in Taiwan, 10,000 OFW employment contracts not renewed, and at least 16,000 were rendered jobless. Based on the latest report of the Bangko Sentral ng Pilipinas (BSP), OFW cash remittances from Taiwan amounted to USD53 billion for the first quarter of 2012.

Taiwanese and Philippine authorities conducted parallel investigations and results from both are consistent with the exact location of the incident. However, a necessary question still stands – on what territory did the incident occur?

On one hand, there is the claim that the incident happened on the shared territories of Taiwan and the Philippines. In line with the United Nations Convention on the Law of the Sea (UNCLOS), the location of the incident is inside the overlapping Exclusive Economic Zone (EEZ) of Taiwan and the Philippines. Apparently, the two countries are yet to reconcile their claims on that region. On the other hand, there is also a claim that the incident took place within the territory owned by the Philippines alone. As repeatedly insisted

by Justice Secretary Leila De Lima, the Philippines has jurisdiction over the case.

Unsettled claims on the fluvial territory The UNCLOS provides that the EEZ of a state lies from the baselines extending out up to 200 nautical miles. It is the zone in which states have jurisdiction over resource-based activities. Following this principle, an issue arises since part of the claimed EEZ of the Philippines overlaps with the territories claimed by Taiwan. In such conflicts, UNCLOS prescribes that the boundary of the overlapping EEZs would lie on its midway, or shall be effected by agreement with the objective of achieving an equitable solution. As of press time, no agreement has yet been made between the Philippines and Taiwan. It also appears that it will not happen anytime soon.

A critical flaw of this claim is that in the first place, Taiwan is not a recognized independent state by the United Nations (UN) due to the insistent claim of the Republic of China over it. Considering that China is one of the five members with veto power in the UN Security Council

(the other four being France, Russia, the United Kingdom, and the United States of America), Taiwan’s recognition could very well be a far-off dream. In fact, in order to facilitate the investigation of the shooting incident and other arrangements with Taiwan regarding the same, the Philippines had to send the MECO to represent the state because the government follows a “One-China Policy.” Since Taiwan is not a signatory of the UNCLOS, it does not bind itself by the provisions set by the same. Nonetheless, UNCLOS is considered to largely represent customary international law, and Taiwan, as an international actor, is still subject to the basic rules of international relations. Supposing that Taiwan is an UNCLOS signatory, it likewise cannot make a valid claim on the disputed water as the point is beyond the median of the overlapping EEZs. Another matter that needs to be addressed is that Article 87 of the UNCLOS does not give a state the power to prevent the sailing of other states’ vessels.

The UNCLOS does not grant sovereignty over the EEZs per se. However, the given facts reinforce the claim of the Philippines over the disputed waters as well as its jurisdiction. The incident reportedly took place 43 nautical miles east of Balintang Island, and 164 nautical miles southeast of the southernmost point of Taiwan. This location is significantly far from Taiwan and closer to the Philippines. It also supports the contention that the Taiwanese in the vessel was committing a violation of Section 87 of Republic Act No. 8550 or The Philippine Fisheries Code of 1998 (Fisheries Code) – poaching in Philippine waters.

Under Section 87 of the Fisheries Code, it is unlawful for any foreign person to fish or operate fishing vessels in Philippine waters. The fine for poaching in Philippine waters is USD100,000 plus the confiscation of the catch, equipment, and vessel. An administrative fine may also be imposed amounting to USD50,000 to USD200,000. This prohibition relies on the state policy of the Philippines under the Fisheries Code to “ensure the rational and sustainable development, management and conservation of the fishery and aquatic resources in Philippine waters including the Exclusive Economic Zone (EEZ) and in the adjacent high seas.” Section 3 of the Fisheries Code defines the scope of the law as applying to all Philippine waters including the country’s EEZ. The implication of the shooting incident is not confined merely to the territorial row between the Philippines and Taiwan. There is an issue on the criminal jurisdiction of the shooting, considering that the territorial claims on the shooting area remain unsettled. It was reported that the family of fisherman Hung Shih-cheng has filed murder charges against the PCG in Pingtung County District Attorney’s Office in Taiwan. As the investigation and case on this matter pushes, the settlement on the rightful owner of the disputed territory is essential for the process to proceed.

Once settled, the territorial row and the shooting case may then be rightfully tried in the proper forum. turn to page 10

LEGAL

10

PCOS glitches at a glance

By Nellaine Annabelle Soliman and Aldrich Ransleigh Hui Election is the most apparent sign of democracy. The 1987 Constitution could not have been clearer in emphasizing that “Sovereignty resides in the people and all government authority emanates from them” and in specifying several provisions concerning election and the right to suffrage.

Historically, however, elections in the Philippines are infamous for issues concerning corruption, lack of transparency, fraud, and violence. These matters have resulted in the low confidence the people have in the system itself. One main factor is the long, tedious process of counting the ballots that causes delay in the announcement of winners, which in turn, provides a wide range of opportunity for some people to take advantage and act unlawfully just to influence the outcome of the election.

Automated election is not something peculiar to the Philippines. There are other countries in the world reported to have electronic voting systems in place – the United States of America since 1996, Belgium since 1991, India since 1999, and France in 2013. Since 1995, the Philippines had began to envisage the implementation of an Automated Election System (AES). The Congress passed Republic Act (R.A.) No. 8046 which authorized the implementation and testing of an AES in the Autonomous Region in Muslim Mindanao (ARMM), resulting in the country’s electronic voting pilot in 1996. The following year, R.A. No. 8436 was passed, setting the general legal framework for the electronic voting system. The law was greatly criticized. Its constitutionality was even questioned.

In 2001, R.A. No. 9369 was enacted to amend the previous law and mandate the use of the AES for the 2007 elections.

However, the Commission on Elections (COMELEC) was very much unprepared then to implement the AES, thus the plan was abated. It was in May 2010 that that the paper-based AES was implemented for national elections, using the Precinct Count Optical Scan (PCOS) Machine.

The same system and PCOS machines were subsequently used in the recently concluded midterm elections.

Electronic voting The PCOS machine, supplied by Smartmatic Corporation, automatically

Sharing the fishing zone with Taiwan

counts the vote by reading the shaded circles in the ballots filled up by the voters in essentially the same way computerized multiple choice exams are checked, although programmed differently.

Transitioning to an electronic voting system, as in other countries such as India, has been met with opposition. Even with the AES’ implementation for the second time during the 2013 midterm elections, fears and doubts still linger primarily because of the danger of compromising the basic and essential right of suffrage for the sake of convenience and expediency.

The issue is similar to that of Germany. In 2009, the German Federal Constitutional Court decided against the use of electronic voting machines because it did not meet the constitutional requirements, mainly of transparency and verification of the reading of the ballots, since the machines did not print receipts that could confirm the choices made by the voter. This case was cited back in 2009 in the dissenting opinion of Supreme Court (SC) Justice Arturo Brion in Roque, et. al v. COMELEC, where he asserted that wariness should be a given considering the legal implications of an automated election. He recognized the danger of the manipulation of software used in the election that may be possible through “insiders,” given that the system’s inherent complexity.

Although the SC enumerated the flaws of the AES and the possibility of the system being hacked or manipulated in the Roque case, it decided that the access and security controls, as well as the contingency measures in the system are sufficient safeguards against a failure of election. The Court went on to state that it will not and cannot guarantee the effectiveness and integrity of the PCOS machine and the system. The Court held that COMELEC holds such responsibility, and with it the power to address the matter.

The legality of the procurement and use of the PCOS machines and their effectiveness for election has always been and remains to be questioned despite the Supreme Court ruling for the implementation of the AES for the 2010 National Elections. Most of the concerns back in 2010 were still present in the 2013 elections.

continued from page 9 Pondering resolutions The Philippines can be said to have a never-ending struggle for its claim over the nearby territories. Going through the territorial conflicts has, among others, produced dire implications that affect all Filipinos. If, for instance, the Philippines would bring the issue with Taiwan to the UN Security Council should there be acts of aggression and threat to regional peace, the case would have been difficult to win, as success over Taiwan in this case could mean indirectly having another sea row with China which has since claimed Taiwan. Hence, the very reason the Philippines could use as an excuse for entering into joint agreements with Taiwan may

Glaring glitches Months prior to the 2013 elections, there had already been several issues raised regarding the implementation of the AES, including the delay in the review of the source code and the questionable integrity of the compact flash cards.

During the election, there were difficulties surrounding the transmission of voting results. This was followed by the premature proclamation of winning senatorial candidates and the “60-30-10” statistical evidence of a pre-programmed system.

Section 12 of R.A. No. 9369 mandates the examination and testing of the equipment or device of the AES, and the review by political parties of the source code, the software that instructs what the PCOS machine will do. This was eventually completed and an after-election review is currently being conducted, as of press time.

Under Section 9 and 10 of R.A. No. 9369, COMELEC is also mandated to commission an established international certification entity to confirm that the hardware, including the compact flash cards, is running accordingly. Clearly, the COMELEC is obliged to ensure that the machines work properly and effectively.

On the issue of premature proclamation, six candidates were proclaimed as winners on 6 May 2013, after merely about 24 percent of the total number of votes were transmitted and canvassed, leaving 76 percent more yet to be transmitted. Transmission has been a problem as the networking coverage in the Philippines is not as advanced as other countries’. There are still areas that even the big network providers could not reach. The transmission of the results is at the top of the important procedures in an election since without such, the efficiency boasted by the AES will be for naught.

Corollary to this is the suspicion of a pre-programmed system brought by the release of several mathematicians and groups of their findings of a pattern of number of votes per canvass, i.e. 60 percent votes for the administration’s candidates, 30 percent for United Nationalist Alliance (UNA) candidates, and 10 percent for the rest. The findings raise a suspicion since the probability for the ratio to occur in majority, if not all, of the canvasses transmitted is evidently dubious. The

very well be the same reason it could lose its claim against Taiwan if brought to the UN Security Council.

The Philippines may opt to resolve the conflict through a bilateral fishery agreement with Taiwan, similar to the step taken by Japan in April 2013. The JapanTaiwan Fishery Agreement was entered into despite the fact that Japan had entered into a similar agreement with China in 1997. According to Research Director Yoshike Mine of The Canon Institute for Global Studies, the locations involved in both agreements are even very similar.

The Japan-Taiwan Fishery Agreement allows fishermen of both parties to operate in the disputed EEZ in the Senkaku Islands. Japan’s strategy in entering into similar agreements with Taiwan and China is said to be an attempt to appease both

11

LEGAL

issue further raises questions on the susceptibility of the AES to manipulation or pre-programming.

The SC has held in Mutuc v.

COMELEC, that “all votes cast in the election must be considered because to disregard returns is in effect to disenfranchise the voters.” The ruling clearly advocates the principle that all votes must be considered. This has been reiterated in subsequent cases like Duremdes v. COMELEC. In Agbayani v. COMELEC, the Court held that the COMELEC must be the first to follow its own rules in order to avoid questions of bias. Should the principle set by these cases then be abandoned because the election has become automated?

The type of after-assurance provided in R.A. 9369 may very well be the only mandatory review and audit process. Since the 2010 elections, there had been two: random manual audit of one precinct per congressional district randomly selected as prescribed by Section 24 of R.A. No. 9369, and civil society audit wherein a citizens’ arm group monitors the electoral cycle and oversees the random audit. Also, as provided in Section 2 of R.A. No. 9369 and stated in the March 2013 SC en banc decision in Maliksi v. COMELEC and Saquilayan concerning the 2010 election, “both the ballot images in the [compact flash] cards and the printouts of such images have the same evidentiary value as the official physical ballots filled up by the voters.” Hence, an electoral protestor can use the ballot images and the result of the audit conducted to support and to prove his claims.

Overcoming the PCOS No “magic” will happen in the election unless Filipinos will allow it. Whether elections be automated or manual, human intervention is necessary. Thus, the possibility for misgivings will still exist.

No system is perfect after all. Whether the glitches will eventually be resolved or protestors will prevail, participation is key for any successful election process, regardless of premature proclamations.

The people must not only vote. They must also be vigilant in preventing any anomalies, fraud, or violation of their right sacred right of suffrage. They have to be informed, aware, and active, leaving no room for apathy. P

states by separating the issues of fisheries from issues of territories. It remains to be seen whether a fishery agreement will resolve the shooting incident, prevent other similar circumstances in the future, settle the row in the disputed fluvial territory, or only increase the current tension with China. P The Palladium would like to thank Atty. JV Chan-Gonzaga for his insights and guidance in the preparation of this article.

The West Philippine Sea: claimed and renamed

By Nellaine Annabelle Soliman

“We will not be pushed around [even though] we are a tiny state,” said President Benigno Aquino III, as tension on the territorial dispute with China escalated. While the conflict has existed for many years now, the silent war between the Philippines and the Republic of China was once again broken on 8 April 2012.

On that day, a standoff at Panatag Shoal (also known as Huangyan Island by China), 124 nautical miles from Zambales, occurred. It was reported that a Philippine Navy ship was sent to check on Chinese fishing boats seen at the shoal and later discovered that several protected species under Philippine laws and the United Nations Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) were on board the fishing boats. The arrest of the Chinese fishermen was impeded when two Chinese ships arrived, resulting in a standoff that lasted for several weeks.

Strategic location Throughout history, the West Philippine Sea’s strategic location has been generally known to hold economic and military importance. Based on research reports, the Kalayaan Islands Group (KIG), located in the West Philippine Sea, has approximately 150 reefs, islands, shoals, banks, and atolls. The islands were occupied in the 13th century by Chinese monks, in the 19th century by the French through the Sino-French Convention of 1887, and during World War II by the Japanese. After World War II, when Japan renounced its rights over the islands in the San Francisco Peace Conference, the legal status of the islands became even more disputed by neighboring countries.

According to Atty. Jorge Coquia, a renowned expert in international law, the Spratly Islands are occupied mostly by the Philippines, Vietnam, Taiwan, and China.

Currently, only a few of the approximately 150 islands are known to be occupied with certainty and controlled by the Philippines, including Pag-asa, Kota, Parola, Likas, Lawak, and Rizal Reef.

According to various experts, the objectives of the claimants of disputed territories include the need to protect the national and economic interest in the natural resources found within the seas and to shield these resources from abuse or destruction, the need to assert sovereignty and rights in the international setting, and the need to settle jurisdictional conflicts.

Renamed to West Philippine Sea China’s claim is rooted mainly on historical records. In fact, the disputed territory has long been known as “South China Sea.” It asserts its sovereignty over the area included in its unilaterally developed “tendash line” which actually overlaps many other Asian states’ Exclusive Economic Zones (EEZs). Months after the standoff, President Aquino signed Administrative Order No. 29 formally naming the sea as the West Philippine Sea. While tension continues to escalate since the standoff last year, both States have kept on deploying each of their own ships and other vessels. The tension has even fed on the differing opinion of other States, including that of the United States of America.

Clearly, what appears to be a deadlock between the Philippines and China is in reality a standoff with all other States, together with their respective claims and stakes on the disputed territory. The international ramification of the determination

of sovereignty in settling the dispute is far more complicated than a simple case of diplomacy or change of name.

Claim through UNCLOS Some of the sources of claims over a territory generally known in international law include (1) legal and historical evidence, (2) continuous and exclusive occupation, (3) prescription or acquiescence of the international community in the claimed right, and (4) treaties and agreements between nations. China’s claim is predominantly based on historical occupation and currently established baselines. On the other hand, the primary bases of the Philippines’ claim over the disputed areas are proximity, discovery as terra nullius followed by occupation, historical consolidation title from treaty cession like the Treaty of Paris, and the United Nations Convention on the Law of the Sea (UNCLOS).

Article 46 of the UNCLOS defines an archipelagic State as “a State constituted wholly by one or more archipelagos and may include other islands.” Meanwhile, an archipelago is “a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.” The geographical map of the Philippines has always been portrayed as a triangular configuration of islands connected by water and bordered by a string of islands and islets forming the coastlines. Such configuration qualifies the Philippines as an archipelago under UNCLOS. In fact, Article I of the 1987 Philippine Constitution recognizes this archipelagic structure of the country.

Other provisions of the UNCLOS recognize the unconventional geographical characteristics of archipelagic States by allowing them to draw “straight baselines.”

Said baselines, as defined in Article 47 of the UNCLOS, are drawn joining the outermost or selected points on the coast or outermost islands with conformity to the general shape of the coast. The Article further provides several detailed qualifications in drawing the straight baselines.

Power of the Baselines Law Over the past five decades, given that the Philippines’ archipelagic structure makes delimitation challenging, the Philippine territory has been defined and redefined by four pieces of domestic legislation besides the changes in the Philippine Constitution. The baselines and the recognition of the Kalayaan Islands Group (KIG) as part of the territory have altered as these municipal baselines laws have been repealed over time.

In 2009, Republic Act No. 9522, the latest Philippine baselines law was enacted. This law adopted a straight archipelagic baseline system in the KIG and the Bajo de Masinloc, territory of which will be determined based on the principle of regime of islands provided in the UNCLOS. Section 2 of R.A. No. 9522 states: “The baseline in the following areas over which the Philippines likewise exercises sovereignty and jurisdiction shall be determined as ‘Regime of Islands’ under the Republic of the Philippines consistent with Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS): a) The Kalayaan Island Group as constituted under Presidential Decree No. 1596; and b)

Bajo de Masinloc, also known as Scarborough Shoal.”

The approach to exclude the KIG and to classify them as regime of islands was manifestly intended to retain the Philippines’ affirmation of the established sovereignty from previous baselines laws on the islands and at the same time, to soothe the international requirement and help the country avoid tensions or direct apprehension with its rival neighbors on territorial issues.

The Philippine government is bound by the UNCLOS for two significant reasons. First, the 1987 Constitution adopts the generally accepted principles of international law as part of the law of the land.

Second, the Philippines is a state party to the UNCLOS. The inclusion of the KIG in the archipelagic baselines would

islands at an impasse, despite the assertion by the government that the law purportedly affirms the sovereignty of the country over such territories. Where then does this leave the claim of the Philippines on the disputed islands?

have patently strengthened the Philippines’ claim on the islands. However, the Philippines is averse to the dire consequences of such bold declaration should international conflict arise either through armed struggle or economic warfare with neighboring countries. In addition, if the Philippines will enclose within its archipelagic baselines the contested territories, the effect will be nil since it is basic that no domestic law has the power to override international law in the international setting.

Domestic law can only be applicable within local jurisdiction so that with the UNCLOS in force, if R.A. No. 9522 includes the contested islands in the archipelagic baselines, the Philippine Supreme Court might uphold the domestic law but an international court or tribunal will certainly reject it. Whether the Philippines prefers it or not, it is undisputed that its claim on KIG and Scarborough Shoal is affected by the claims of China and other states like Vietnam, Brunei, Malaysia, and Taiwan.

The relationship of these claims – the Philippines’ included – and each claimant’s conduct is governed by international law, regardless of the fact that the claimant is a signatory of the UNCLOS or of any other international agreement.

As held in Magallona v. Ermita, the exclusion of these islands from the archipelagic baselines, and their classification as regime of islands did not ultimately drop the country’s claim over them. Thus, the conservative approach and compliance with the UNCLOS taken by R.A. No. 9522 leaves the Philippines’ claim over the

the UNCLOS which sets the obligation to exchange views and to settle the dispute by negotiation or any other peaceful manner. However, China remains steadfast to its claim, and no settlement has been reached. Hence, the Philippines has submitted the case to arbitral procedure under Annex VII of UNCLOS, which provides for the rules on arbitration. Until such time, the Philippines would require more than baselines laws and UNCLOS to uphold its claim. China has already started running the race to establish physical presence in these islands by building posts and drilling structures, and deploying guarding vessels. With the Philippines’ previous experience in the Las Palmas case (Netherlands v. USA) showing that a continuous and peaceful display of authority will trump over cession claims (declaration of baselines through the Treaty of Paris or the 1982 UNCLOS) or even over continuity of territory (declaration of baselines based on contiguity), it may be wisest for the government to be vigilant in devoting resources and exerting more effort in establishing occupation and control through economic activities in these islands over a period of time, coupled with defense and security measures. Such move may possibly strengthen the claim over the disputed islands even further without impairing the 1987 Constitution, the UNCLOS, or general international law. P

A race to occupation The Department of Foreign Affairs (DFA) and the Office of the Solicitor General (OSG) have announced through the DFA’s official website that with the formal constitution of the Arbitral Tribunal that will hear the case and the said Tribunal’s first meeting last 11 July 2013, “the arbitral proceedings are officially underway.” The DFA earlier announced that the Philippines has tried settling the disputes with China through several dialogues since 2012, pursuant to Part XV of

Illustration from GMA.com

The Palladium would like to thank Atty. JV Chan-Gonzaga for his insights and guidance in the preparation of this article.

12

LEGAL

Can the nation do without SK?

By Jose Maria Santos and Nellaine Annabelle Soliman

With the current move of the Commission on Elections (COMELEC) and several members of the House of Representatives to recommend the abolition of the Sangguniang Kabataan (Youth Council), more popularly known as “SK,” possible questions arise: whether there remains a need for SK; whether its importance has already waned due to controversies like the misappropriation of funds by the SK leaders for rhinoplasty; and whether the nation can do without it.

“Ang kabataan ang pag-asa ng bayan” (The youth is the hope of our nation). This is the famous line of our national hero, Jose Rizal. Its simple phrasing brings about the importance of the youth population, and in turn, that of the SK. The same ideal is provided in Article II, Section 13 of the 1987 Philippine Constitution which recognizes “the vital role of the youth in nation-building” and the policy to “encourage their involvement in public and civic affairs.” Even the United Nations Convention on the Rights of the Child (CRC), to which the Philippines is a signatory, supports the creation of the SK. Article 12 of the CRC provides for the rights of the child to express views in matters affecting him or her, giving due weight to his or her views in accordance with his or her age and level of maturity.

Article 13 provides for the freedom of expression of the youth. These CRC articles are embodied in the SK. The SK is the chapter which serves as the active body of the Katipunan ng Kabataan (Youth Federation) or “KK” of each barangay. The SK as a whole consists of five levels: the barangay level, municipal level, city level, the SK Chair or provincial level, and the SK National Federation. It has been called the “legislative body of the youth” as it allows them to participate in civic and political affairs.

The first youth council, Kabataang Barangay, was established in April 1975 when Presidential Decree No. 684 was issued by then President Ferdinand Marcos. Its abolition was recommended in 1986, at a time when student activism became more popular. During the administration of President Corazon Aquino, the Presidential Council for Youth Affairs (PCYA) was established. The PCYA coordinated youth organizations but failed to provide the youth with direct and actual participation in policy shaping and decision-making. It was only upon the enactment of the Local Government Code (LGC) of 1991 that the SK was created, thus formally abolishing the Kabataang Barangay.

Tagum City SK Basketall

The LGC also states that the SK should have seven members, a treasurer, and a secretary. The members are voted for during the elections held by COMELEC. Section 424 of the said law provides that the Katipunan ng Kabataan is comprised of citizens ages 15 to 21 years old who have resided in a barangay for at least

six months, and who are duly registered with the SK or official barangay list. The same is provided in the 2001 KK and SK Constitution and By-Laws. In 2002, Republic Act No. 9164 was passed, amending the age qualification for SK members to “15 but less than 18 years of age.”

Under Article 426 of LGC, the SK’s powers and functions include the (1) promulgation of resolutions necessary to carry out the objectives of the youth, (2) initiation of programs designed to enhance the development of the members, (3) holding of fund-raising activities, (4) creation of bodies or committees to carry out its programs, (5) submission of term reports to the Sangguniang Barangay on their projects and activities, (6) consultation and coordination with other youth organizations, and (7) coordination with the national agency for project implementation. The main power of the SK is entrenched generally in its ability to promulgate resolutions and initiate programs in furtherance of the development of the youth sector. These programs and projects are made possible by the funds which the law provides should amount to 10% of the total annual Internal Revenue Allotment (IRA) of every barangay. The law does not prohibit the SK from holding fund-raising projects or soliciting donations. Like any local government unit, it can derive its own income for its own projects.

In furtherance of the youth According to a study commissioned by the United Nations Children’s Fund (UNICEF) and the Department of Interior and Local Government (DILG) in 2007 entitled “The Impact of Youth Participation in the Local Government Process: The Sangguniang Kabataan Experience,” SKs in various parts of the Philippines have implemented programs that mostly concern sports, infrastructure, and the environment. Among the SK accomplishments included in the study are those for the years 2002 to 2004 when the SK Provincial Federation of Cebu authored ordinances on issues involving construction of city and municipal libraries and creation of provincial educational and livelihood training centers.

SK emphasis on environmental projects may find support in Executive Order No. 52, issued in 1998 by President Joseph Estrada, which mandates the creation of an environmental corps in all KKs known as the “Green Brigade.” The Order further provides that 10 percent of the annual budget of the SK shall be automatically

Photo from tagumcity.gov.ph

allocated for Green Brigade operations.

Some of the more prominent Green Brigade programs are those of the SK Federations in Cebu, Iloilo, Pangasinan, Maburao, and Manila.

Misshapen purpose Based on the LGC, lawmakers had a vision of using SK as a mode of training the future leaders of the country. The SK was ideally a tool to guide and mentor the youth who wish to learn the ins and outs of public service even at such a young age. Presently, however, many of our lawmakers feel that the SK has not fulfilled, or worse, has contradicted its purpose.

The SK, at present, is reported to be a training ground of young corrupt leaders.

SK members are exposed to the ways of some of traditional politicians with whom they work everyday. Much worse is the exposure to dirty political tactics that discourages youngsters from pursuing their political dreams.

In 2007, several SK council members disclosed to the media the practice of barangay councilors in handling love gifts or kickbacks from the projects they accomplish. Since the budgets of the SK

Sangguniang Kabataan Elections

families get a head start in the political race by pushing the next generation to run in the SK election. This has prompted lawmakers to propose bills on either the abolition of or changes in the SK. In 2011, House Bills 4786 and 2534 were filed by Deputy Speaker Pablo Garcia and Valenzuela Representative Magtanggol Gunigundo, respectively. At present, Caloocan Representative Edgar Erice is pushing for the enactment of House Bill 1122. The Bill proposes the replacement of SK with a youth council whose members will be selected by the youngest member of the Barangay Council. It also proposes that the members will no longer receive compensation, thus relying only on their voluntary participation. Representative Gunigundo filed House Bill 1333 which proposes the adjustment of the age requirement for SK members and the abolition of the automatic appointment of SK Federation Presidents as members of the city, municipal, or provincial councils. Those who oppose the bill opine that a much thorough evaluation

Photo from ph.yahoo.com

are approved by the Barangay Council, overstating reports on project-related expenses is made easy.

of the present state of the SK should be conducted before any action should be taken in abolishing it.

In 2009, former SK Federation President Roger Frias, a member of the Sangguniang Barangay of Rodriguez, Rizal, was convicted by the Sandiganbayan for approving a council resolution that authorized the Mayor to enter into a contract with a private company without the required competitive bidding and appropriate approval. The contract was priced at over Php5 million.

Resetting idealism Despite these allegations, it cannot be denied that the mere presence of SK performs a crucial function in our respective barangays. It cannot be emphasized further that the youth sector is a vital component in our society and should thus be given a voice in the government. According to the National Statistics Office, the youth makes up 60 percent of the 92 billion population of the country in 2010, 54 percent of the total voting population, and 80 percent of the number of new voters.

In April 2010, graft complaints were filed before the Ombudsman charging SK National Federation President Jane Cesoria Cajes for allegedly misappropriating over Php90 million in Federation funds reported to have been deliberately spent for rhinoplasty, cheeks and chin implants, and acquiring other personal extravagant items. The complaints also allege that she entered into multi-million procurement contracts without going through the mandated bidding process. Cajes’ term ended the following year, yet it seems the cases against her remain buried in the dockets.

In November 2010, several SK Chairmen in Manila revealed to the media that former SK President Russel Ibay failed to deliver to them the laptops he had earlier promised in exchange for their support in his bid for the SK Presidency and as councilor of Manila. The report states that they were later informed by Ibay that the laptops were to be given instead to the incoming SK Chairmen.

Youth’s version of traditional politics Another allegation is that the SK is an alternative way of extending political dynasties, where children from political

Should representation and the opportunity to participate in policy formulation of the youth, then, be merely scrapped? The Philippine Government must not stand idle while further remarks are made regarding the worsening state of the SK. The nation cannot do without the political participation of the youth; but simply resetting the SK will only lead to resetting youth council over and over again. The Congress must remember that neither changing nor abolishing SK will likely resolve the issue when the very environment that the SK or any youth council proposed to replace it will thrive and play in the same environment where traditional politics defy public trust. P The Palladium has its editorial office at the 3/F Ateneo Professional Schools Building, 20 Rockwell Drive, Rockwell Center, Makati City 1200. For comments and suggestions, please drop a line at thepalladiumals@gmail.com. © The Palladium 2013. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any manner whatsoever without the prior express written permission of the Editorial Board, except in cases of brief quotations for academic research purposes.