On Thursday, July 9, after 12 days of continuous hearings, the House Committee on Legislative Franchises is set to vote on the ABS-CBN franchise renewal application. This is a moment of truth for the broadcast company, which is the biggest in the country. One can only hope that our representatives will do the right thing for Filipino families, for our people, and for the country that is suffering from a pandemic. (READ: [ANALYSIS] Duterte and Congress closed down ABS-CBN)

Wrong reasons to deny renewal

During the successive hearings in the House Committee, many accusations have been thrown against ABS-CBN, including tax evasion, labor law violations, political bias in its news coverage, and foreign ownership and citizenship issues.

As to the supposed tax evasion committed by ABS-CBN, House Deputy Speaker Rodante Marcoleta said that the company violated the terms and conditions of its legislative franchise due to "tax avoidance schemes.” This accusation however was belied by no less than the Bureau of Internal Revenue, which said that the company and its subsidiaries paid their taxes from 2016 to 2019.  

On the purported labor law violation, the Department of Labor and Employment (DOLE) alleged that ABS-CBN was not compliant with labor laws and standards after it found some violations during an inspection conducted from July to September 2018. However, learning of its deficiencies, ABS-CBN immediately made corrective measures which prompted the DOLE on January 28, 2020 to issue an order clearing the media corporation of violations.  

On the alleged political bias of the network, I can only say that ABS-CBN is a network that follows the basic norms of broadcast journalism. It is a competitive, world-class organization with aggressive and opinionated anchors as well as independent-minded and resourceful correspondents, something I have experienced directly, as I am frequently a guest on their shows and interviewed by its reporters. If ABS-CBN has its faults, I would point to its attention to its ratings, which tempt it to be more sensationalist in broadcasting the news. 

In any case, freedom of the press means we allow media organizations to have their editorial freedom.

On the charge that its entertainment shows are immoral, this long-time fan of ABS-CBN soap operas can testify that the network’s shows are almost all for General Patronage. When a boundary is crossed, and that is rare, it is usually justified by artistic license. 

Frankly, watching ABS-CBN Chairman emeritus Gabby Lopez III and ABS-CBN executives Carlo Katigbak, Cory Vidanes, and Ging Reyes testify in the hearing have convinced me that the future of this network is in great hands. Their dignity, compassion, patriotism, and mastery of the business and their craft was manifest and impressive.

Foreign ownership and citizenship non-issues

Foreign investors do not own ABS-CBN shares. Philippine depositary receipts are investment tools and nothing more. As in the case of the other networks and media organizations that issue them, PDRs do not result in foreign ownership or any amount of foreign control in that company.

On the citizenship of Mr Lopez, the revelation that he is a dual Filipino and American citizen should close that issue. The Constitution does not distinguish between Filipinos who are dual citizens upon birth and Filipinos who are dual citizens in relation to the nationality requirement for certain economic sectors. Gabby Lopez, when he was the CEO of the network and now, can own as many shares of ABS-CBN as he wants. (READ: [EXPLAINER] Manila Times 'exposé' grossly false about Gabby Lopez's citizenship)

Reasons for renewing ABS-CBN’s franchise

A yes vote for renewal will save 11,000 jobs. A no vote will result in the uncertain futures of tens of thousands of Filipinos – the workers of the network and their families. (READ: Cayetano on ‘conscience vote’ in ABS-CBN franchise: ‘I cannot speak for parties’)

Let’s be clear: the closure of ABS-CBN will be an economic disaster for the country and for many families. Easily a hundred thousand Filipinos will be negatively affected if the House of Representatives decides to close down the network. Aside from its permanent workers and contractors, also affected will be suppliers, banks, and businesses such as restaurants around its stations in Quezon City and elsewhere. In my view, those responsible for the closure should be accountable for the economic havoc such closure will cause. 

The closure of ABS-CBN is economic sabotage in ordinary times; in the time of the coronavirus pandemic, with the economy reeling from the lockdowns and millions out of work, the impacts of such a decision by Congress would be colossal in the damage it will inflict on the country today and in the future. I cannot imagine why any policymaker would want that.

In the context also of a pandemic, especially now that infections are surging, the people need reliable news sources as well as good entertainment options. For those with internet access, they still have been able to access TV Patrol and their favorite shows, but that is temporary. It would be hard to continue that presence if the current situation is made permanent. Already, many people in the provinces and our islands have lost access to their only sources of news. This has life and death implications for many not just because of the pandemic but also because we are now in the typhoon season when timely information is essential for survival.

Finally, if the economic fate of thousands of families and the physical survival of many of our communities are not enough reason, members of the House Committee on Legislative Franchises might want to affirm its support for the great freedoms of the press, expression, and speech as well as the related right to information, all of which are enshrined in the Constitution. 

A free press is at stake

From the very start, I have taken the position that the ABS-CBN franchise renewal is a free speech issue. The hearings actually confirm this with the kind of questions we heard from some representatives. The fate of ABS-CBN sends a chilling effect to other independent media outlets which are not in the same page with this administration. The message to media outlets critical of the government is clear – refuse to toe the line and you will end up like ABS-CBN.  

Among our poltiicians, it’s the Binays of Makati that clearly get this. As Senator Nancy Binay pointed out, she believed that her family was not fairly treated by the network. Despite this, however, Binay expressed her intention to vote for the renewal of the network’s franchise because “it’s not about me,” adding that freedom of information and access to information are more important. Earlier in May, when the National Telecommunications Commission closed ABS-CBN, former vice-president Jojo Binay was quoted in Rappler as saying: “We hope that the men and women of ABS-CBN will continue to pursue the great calling of journalism in the service of the Filipino, especially in this period of uncertainty and anxiety over the COVID-19 pandemic and the creeping erosion of civil liberties, of which the network’s closure is an eloquent example.”

Tomorrow is a moment of truth for ABS-CBN. It is also a moment of truth for the House of Representatives, on whether its members are capable of fairness and voting for the national interest. It is also a moment of truth for the country as a closure vote will push us further into economic disaster and authoritarian darkness. – Rappler.com

Tony La Viña teaches law and is former dean of the Ateneo School of Government.

As new COVID-19 infections were reported to be rising, President Duterte signed RA 11479 or the Anti-Terror Act of 2020, effectively repealing the Human Security Act of 2007 and raising the bar on impunity under his watch.

It also came a day after the Bangsamoro parliament passed a unanimous resolution calling for the President to veto the said measure, for fear that it would lead to abuse and discrimination in Muslim Mindanao, including gatherings for worship, that could fall under the broad definition of terrorism.  

According to former ARMM governor and now Basilan Representative Mujiv Hataman, community dialogues and working with sectors to help potential terrorists turn their backs on violence are important strategies that were left out in the law. Hataman also pointed out that Bangsamoro institutions are not included in the law’s policy mechanisms, save for membership in a secretariat. 

With the Anti-Terror Act of 2020, the Philippines has elevated its status as being among countries with draconian laws against terrorism. (READ: [OPINION] Martial rule without martial law: An anti-terror bill subtext)

The Global Terrorism Database (GTD), a comprehensive database of domestic and transnational terrorist incidents, defines terrorism as “acts of violence by non-state actors, perpetrated against civilian populations, intended to cause fear, in order to achieve a political objective.” 

By contrast, violent acts committed without a political, economic, religious or social goal are not classified as terrorism, but as "violent crimes." Its definition also excludes state-initiated violence (state terrorism) and hostilities between opposing armed forces, even if they’re non-state actors. 

Many terrorist incidents happen in countries of high internal conflict, because terrorism is ultimately seen as another form of conflict. Overlaps between terrorism and other forms of crime and political violence, such as insurgency, hate crimes, and organized crime, are used to justify using a broad and expansive definition of terrorism. 

Several countries, however, are using anti-terror laws to go after government critics, ordinary citizens, and the press. RA 11479, or the Anti-Terror Law of 2020, is eerily similar to laws of these countries that stifle dissent of its citizens.

Egypt, which updated its 2015 anti-terrorism law in light of the COVID-19 pandemic, allows police to detain suspects without a warrant for 8 days and criminalizes inciting to terrorism and fake news. Their law provides an extremely broad definition of terrorism as any act that disturbs public order with force. It also gives Egyptian security forces immunity from prosecution, maximum prison sentences and the death penalty for terror-related offenses, as well as heavy fines for those who publish fake news.

In the past, 20,000 prisoners in Egypt arrested on terrorism charges were deemed politically motivated and released. According to the Committee to Protect Journalists, all but one journalist imprisoned in 2019 were charged with terrorism. Recently, a prominent journalist, Mohamed Monir, editor of the al-Diyar, was arrested for fake news and joining a terrorist group. Global media outlet, Al-Jazeera, has been banned in Egypt.

In Turkey, a 2013 anti-terror law criminalized propaganda that would incite terrorism. In 2015, another law permitted the warrantless arrest of terrorist suspects. According to Turkish government records up to July 2019, nearly 70,000 people in Turkey were being tried for terrorism and over 150,000 were being investigated for terrorism. Government closed down more than 100 news outlets.

Early this year, 3 parliamentarians were expelled from office on terrorism and espionage charges. Leyla Guven and Musa Farisogullari, members of the pro-Kurdish Peoples’ Democratic Party and Enis Berberoglu, of the main opposition Republican People’s Party, are the latest victims in a crackdown on dissent.

In Malaysia, the Prevention of Crime Act of 1959, Prevention of Terrorism Act (POTA) 2015, and Security Measures Act (SOSMA), have been cited as draconian by Human Rights Watch and face calls for repeal. 

Malaysia’s security laws allow for preventive detention of up to 28 days for a broadly defined range of security offenses. Maria Chin Abdullah, a member of the ASEAN Parliamentarians for Human Rights, was detained in 2016 and last year, P. Gunasekaren and G. Saminathan, both members of Democratic Action Party, were also detained.

An appointed Board can even order detention without trial for up to two years, renewable for an indefinite period, conduct electronic surveillance, and impose other severe restrictions on freedom of movement and association, all without judicial review. 

In Indonesia, a stronger anti-terrorism law was passed in May 2018, after the Surabaya bombings by the Islamic State. The new measure allows terrorism suspects to be detained for 21 days, up from 7 days. The law allows police to keep a terror suspect in custody, after being charged, for a maximum 290 days.

President Widodo though has taken a new tack against terrorism by focusing on educational programs and materials that promote "unity in diversity" and a healing process among the victims and perpetrators.    

Before COVID-19 struck, Australia had around 82 anti-terror laws since the September 11 attacks and is further discussing 6 bills in parliament. The core of Australia’s anti-terrorism laws is a "balanced definition" and very detailed description of terrorism, though threats to freedom of the press and right to travel are raised. 

According to Australia’s Attorney General’s manual on counter-terrorism, preventive detention of suspects is up to a maximum of 48 hours, but under orders by federal courts. However, a combination of state and federal laws allow preventive detention up to 14 days, with full rights including the right to remain silent, and access to lawyers and family members. 

Terrorism is a complex problem and as early as 2006, the United Nations Global Counter-Terrorism Strategy notes, violations of human rights are among the conditions “conducive to the spread of terrorism” even though they can never excuse or justify terrorist acts. The United Nations has thus emphasized the important role of victims in countering and preventing violent extremism while ensuring their human rights.

The ATA 2020 obliterates human rights safeguards, overstretches the period of detention without warrant from 3 to 14 days, extendable by another 10 days, and a vague definition of terrorism. It establishes the Anti-Terrorism Council that can issue arrest and detention orders, proscribe groups as terrorists, conduct surveillance, and freeze bank accounts. The vague definitions in the Anti-Terrorism Act violate the principle of legality in criminal law.

Aside from the ATA 2020, the country already has a 2012 Cyber Libel Law that punishes online libel as in the case of Rappler’s Maria Ressa and Rey Santos, and RA 10973 or the Subpoena Powers law of 2018, that gives subpoena powers to the PNP chief and the Criminal Investigation and Detection Group. Both laws are broad, subjective, and expansive of state powers that infringe on individual rights and freedoms. (READ: Keng sues Ressa for cyber libel anew over a 2019 tweet)

While these laws aim to strengthen public order and counter terrorism, the risk of eroding constitutional and other legal protections of citizens is too high. Bills to restore the death penalty for drug-related offenses and other serious crimes and to lower the age of criminal responsibility, unsolved and continuing EJKs by the police and vigilantes, and now an expansive anti-terror law would breach the Philippines’ obligations under international human rights law. (READ: 4 years on, climate of fear and impunity blocks justice for Duterte’s drug war victims)

The detention of Senator Leila De Lima, quo warranto ouster of critical Chief Justice Maria Lourdes Sereno, sedition charges against the opposition led by Vice-President Leni Robredo, cases against Rappler, the closure of ABS-CBN, arrests of thousands of lockdown violators – mostly the poor and hungry – among many others, are portent signs that indeed the ATA 2020 is directed against government critics.

It is now hoped that petitions to junk the anti-terror law filed in the Supreme Court can be judiciously decided sooner than later. 

But knowing Duterte’s penchant for impunity, he will likely use this new weapon to wield control as the pandemic transitions from the "hammer" to the "dance" phase, but with bad choreography. – Rappler.com

Tom Villarin is former congressman of Akbayan Party List in the 17th Congress. He authored the law Institutionalizing the 4Ps and the Safe Spaces Act, co-authored the Universal Health Care Law, Expanded Maternity Leave Law, Free Tertiary Education in Public Schools, and the vetoed Anti-Contractualization Law, among others.

“What you see in this ring before you is the greatest example of evolution you will ever see,” declared WWE icon Triple H in front of roaring thousands. Biologists in attendance would’ve been livid at the proclamation, but they were probably distracted by the anatomical spectacle on stage. Also, Triple H wasn’t defending a dissertation, he was merely describing the new faction he, Ric Flair, Randy Orton, and Batista had just formed. They believed that they set a new standard for professional wrestling so they called themselves “Evolution,” borrowing a term from biology to denote their superiority over all others. For the fans who religiously followed the events leading up to this point, the announcement came as no surprise as it had been a long time coming.

In 2020, however, the world was caught surprised by an evolution, an even greater one than Triple H’s. It pinned down many to their defeats and demise. It knew no bounds, no rings, no rules. It had no large muscles to make it more obvious to the human eye, as this evolution downsized preferring invisibility. In comparison to Triple H and company’s weekly showing, this evolution has a meaner daily streak that still continues today. And there’s no signs of it stopping just yet.

I’m talking about the eventual evolution of SARS-CoV-2 (the virus that causes COVID-19) and the pandemic it caused.

From a political standpoint, the COVID-19 pandemic has been a total tragedy with so many unnecessary casualties thanks to government mishandlings. But from a biological view, it has been a total marvel. Marvelous not in any morbid sense, but because natural selection has again proven itself as a powerful force to be respected.

To doctors and health researchers worldwide, this is an urgent reminder to imbue medicine with a strict evolutionary paradigm. The influence of private health care has shaped the delivery of medicine to be as “curative” as possible because of its high profit returns. This focus on cure and therapy regimes has robbed medicine of the richness of Darwinian thought in understanding the complexities of health. And with COVID-19 wreaking havoc, we are in deep need of its guidance. Especially valuable is the Darwinian emphasis on biological unity and natural history. Both will inevitably prove useful to doctors and medical researchers as they will help understand past occurrences of diseases and predict future public health crises. And the best place for this reintegration is in medical schools.

To do just that, medical schools need radical revisions in both their educational structure and institutional infrastructures.

Darwinian diseases

After tracing the lineal descents of various species, Darwin correctly concluded in On the Origin of Species that “all living things have much in common.” This commonality is now obvious to the modern eye and is widely accepted even by the lay. A quick glimpse at the eyes of a pensive orangutan is enough to affirm our hominid kinship without even getting down to genetics. For doctors and medical researchers, Darwin’s conclusion has crucial implications to human health that is worthy of study. 

The recent spate of infectious diseases surfacing from time to time in human societies have mostly come from animal sources. This is because our immune systems are still patently animal, and that our pathological responses to pathogens are not so much different fundamentally, but simply by degree. Zoonotic transmission among species, especially to us, points to the potency of Darwin’s implication that there must be something common in our bodies that enables the very same agents to cause similar pathological reactions. Cattle driven to madness by bovine spongiform encephalopathy (or Mad Cow Disease) has the potential to transmit a human variant of the disease called Creutzfeldt-Jakob disease (vCJD) to people with a liking for beef. The cattle killer and its human counterpart both attack the nervous system. Different species, same target. (READ: [ANALYSIS] Ecological irresponsibility and pandemics)

Our shared evolutionary history with other species demands that we include other biological fields in our medical programs in order to broaden our understanding of health. Many colleges and universities often structure their biology courses as “pre-med,” as a mere preparatory course for medicine. But since human beings are biological organisms that undergo the same evolutionary mechanisms as other organisms, biology should always be the principal core of medical education, not just a preface to it. This is why evolution is so important to medicine because, “nothing in biology makes sense except in the light of evolution,” as said by the late geneticist Theodosius Dobzhansky. What this suggests is that botany, zoology, systematics, etc. should still be integral modules in medical courses. Without these, our current healthcare systems will be often left unprepared to deal with new outbreaks, which is what happened with COVID-19.

The eruption of SARS-CoV-2 caught many by surprise, even doctors and scientists. It’s highly regrettable because researchers from Hong Kong already sounded the alarm back in 2007 for a bat-borne virus with a pandemic potential to emerge out of China. They wrote: “The presence of a large reservoir of SARS-CoV like viruses in horseshoe bats, together with the culture of eating exotic mammals in southern China, is a time bomb. The possibility of the reemergence of SARS and other novel viruses from animals or laboratories and therefore the need for preparedness should not be ignored.” From an evolutionary standpoint, their prediction made much sense because the eventual arrival of SARS-CoV-2 was long overdue given that the conditions for the evolution and transmission of the virus were already in place. A Darwinian approach to medicine would have equipped medical researchers and practitioners with the right intuition to anticipate such transfers and enabled them to devise the necessary preventive interventions. Of course, state action and inaction are the most decisive aspects. But having an extra treasury of knowledge surely helps. (READ: [OPINION] The animal industry can be the next pandemic ground zero)

Infrastructures for evolutionary thought

As biological unity is emphasized in Darwinian medicine, medical schools shouldn’t just be proximal to hospitals, but they should also be within range of other research facilities (and communities in dire need of medical aid). This will better promote physical collaboration with other specialists, enabling doctors to have new insights on infectious diseases. For example, having epidemiologists closely work with botanists and entomologists will likely result in a better understanding of the reciprocal relationships in forests that keep populations of disease vectors in check. Conversely, collaborative research on the prevalent diseases experienced by populations near deforested areas will also be of vital importance not just in saving more lives, but also in conservation efforts. Medical students and researchers should be constantly exposed to various fields that investigate the larger networks that affect human health, so the location of medical institutions should also be reconsidered. Hospitals are mainly to restore health, maintaining good health is an affair outside of it. (READ: [OPINION] Medicine has its own cancer that needs curing)

Of course, these suggestions will hardly take place in the current economic system. Capitalism’s interest is only making profits; our health is merely a means to it. Radical overhauls in medical praxis, if we are to take examples from history, will only follow radical changes in politics. So the drive must not only come from an internal reflex, but from society in general. If such a transition does happen, and medicine finally buries the cadaver of capitalism to give rise to the spectre of Darwin, then perhaps we can rightly borrow Triple H’s words and proclaim medicine as “the greatest example of intellectual evolution you will ever see.” – Rappler.com

Pippo Carmona is a biologist and historian of medicine. He writes history and science ramblings in his blog, SCALPEN.

When I first visited Cordillera, I was surprised by the popularity of country music and the cowboy-themed bars and restaurants. You’ll also see men walking around in leather boots, wrangler jeans, and cowboy hats, and sometimes, galloping on horses. You would think that you’re actually in the American West, instead of Banaue or Baguio. It felt like an unfamiliar world, a world very different from what I learned in Philippine schools about peoples who successfully resisted the Spanish. Since the 4th of July just passed, I thought of writing on the Americanization policy that shaped the modern Philippines.

In the 21st century, this concept of resistance is the foundation of Cordillera identity. Yes, it is a fact that the Spanish were never able to establish a permanent foothold in the Philippine Cordilleras, particularly in the western part of the mountain range. The Spanish did try will all their might, at least 8 times in the 1800s, only to be repulsed by an organized alliance of villages. They finally gave up in 1898 but the Americans soon took over.

The 333 years of Spanish colonialism was superseded by the American benevolent assimilation. This shift is particularly important in the making of the Filipino identity as it was not until after 1898 that the Philippine state as we know it today started to take shape. The term Filipino itself was not applied to the local inhabitants of the Philippines; it specifically referred to the Philippine-born Spanish (insulares). It was not until the late 19th century that the wider inhabitants of the Spanish colony co-opted the term and started to call themselves Filipino. When the Americans took over, Cordillerans and the Moros, groups who were not administered by the Spanish, did not consider themselves part of the Filipino identity. (READ: Demystifying the age of the Ifugao Rice Terraces to decolonize history)

It is surprising then, that with almost 200 years of active resistance against Spanish hegemony, the Ifugao almost did not struggle against the new colonizing power. Of course, there were small skirmishes, but not in the level of animosity and aggressiveness compared to what they threw to the Spanish. This contrast in Ifugao responses to American conquest has something to do with how the latter applied what they learned in their campaigns to Americanize the Native American populations.

The United States took over the possession of the Philippines (together with Cuba, Puerto Rico, and Guam) in 1898 as an offshoot of the Spanish-American War. The Americans instituted a different approach in pacifying the inveterate highlanders through the policy referred to as “Benevolent Assimilation.” This policy, however, was preceded by a bloody imperialistic campaign that killed at least 300,000 Filipino revolutionaries.  This bloody approach was justified by the United States through representational categories of the Noble and Bloody Savage to either help or slaughter opponents.

Whatever the approach utilized by the United States in the early period of their imperialistic expansion at the turn of the 20th century, it was an extension of their campaigns to overwhelm Native Americans. After the military campaigns, the United States proceeded with their expansion with the awareness that they have to repudiate the European colonial violence. 

It was unthinkable for the general American public to consider that the United States, borne out of their fight against imperialism, is now becoming an imperialist. Hence, the official policy was to differentiate their imperialistic expansion against that of European imperialism. This was addressed by benevolent assimilation through education. The crux of this effort is the idea of the “White Man’s Burden." Since the Cordillerans were considered the new frontier, the colonial administrators, through their experiences with the conquest of Native Americans, initiated a long-term mapping of Cordillera groups. This was a significant shift in US policy and sort of an attempt to redeem themselves from their abhorrent failures in the pacification of the Native American groups that resulted in the disappearance of Native American cultures in the Great Plains. 

The push for documenting the upland groups became one of the bases for the establishment of the Bureau of Non-Christian Tribes in 1901, which became the Ethnological Survey for the Philippine Islands in 1903. This new agency paved the way for the search for anthropologists to lead the ethnographic documentation of the Cordillera groups and, later, the establishment of the Department of Anthropology in the University of the Philippines. (READ: Berries for a cause: Women-led initiative connects Cordillera farmers to the city)

Continuing to apply what they learned in the Native American experience, the United States employed the same educational curriculum that they developed for Native Americans. William Howard Taft, the US Governor-General of the Philippines in 1901, once mentioned that Native Americans who received white education would be similar to Euroamericans “…in industry, in loyalty to the country, in law abiding character, and in morality.” Conceivably, this was the basis of the Philippine education curriculum developed by the United States. It used the educational system as the agent for the Americanization of the Philippines. 

The Philippine Cordillera, particularly, Ifugao, became this new frontier for instilling American values in the indigenous population, as they did with Native Americans. There is no other place in the Philippines where country music is very popular and where the older generation spoke fluent English but does not speak the national language. It is also a place where Americans brought their brand of Christianity. 

The events that followed soon after the American takeover replaced some of the Hispanic foundation of lowland cultures in the Philippines with those of Euroamerican ideals. Where the Spanish failed, the Americans succeeded by using education as a tool to indoctrinate the diverse ethnolinguistic groups in the Philippines to identify as Filipino. To accomplish this, the United States had to develop a curriculum that not only teaches children reading, writing, and arithmetic; it had to refashion Filipino culture just as education sought to "remake" the Indians at home. The history curriculum used by elementary and high school programs in the Philippines exemplifies this focus where local history is ignored over nationalistic histories. It has been over a hundred years, but this foundation of Philippine education is still in use.

A recent national policy shift in K-12 education mandates that the Department of Education must contextualize history curricula in local realities. However, teachers are under-equipped to carry out this directive since there are no initiatives yet to properly train teachers in indigenous history and heritage. Education, as used by colonial overlords, is a tool to shape the characters of citizens. Let’s also use education to acknowledge and redress the injustices received by our Indigenous peoples, a goal that the Ifugao Community Heritage Galleries in Kiangan, Ifugao, which now serves as the Ifugao Indigenous Peoples Education (IPED) Center, is endeavoring to achieve. – Rappler.com

Stephen Acabado is associate professor of anthropology at the University of California, Los Angeles. His archaeological investigations in Ifugao, northern Philippines, have established the recent origins of the Cordillera Rice Terraces, which were once known to be at least 2,000 years old. Dr. Acabado directs the Bicol and Ifugao Archaeological Projects and co-directs the Taiwan Indigenous Landscape and History Project. He is a strong advocate of an engaged archaeology where descendant communities are involved in the research process.

Marlon Martin is the Chief Operation Officer of the Save the Ifugao Terraces Movement, a non-profit heritage conservation organization in his home province of Ifugao, Philippines. He actively works with various academic and conservation organizations both locally and internationally in the pursuit of indigenous studies integration and inclusion in the formal school curricula. Along with Acabado, he established the first community-led Ifugao Indigenous Peoples Education Center, the first in the region.

In October 1953, the late Vero Perfecto and I hosted the first local TV broadcast over DZAQ-TV Channel 3 (AQ for Antonio Quirino), the first commercial TV station in the Philippines. 

Our maiden broadcast was done at the residence of Judge Antonio Quirino on Guevara Street, San Juan, where a garden party was in progress. We had no program scripts, no studied preparations whatsoever. Vero and I agreed that we would just wing it and hoped that our errors and fluffs would be few and far between.

As it turned out, it wasn’t so bad. Sure, we had many wrong cues but Vero was a master of improvisation and somehow I managed to ride along. Using only one black and white orthicon camera mounted on a tripod, our TV technician panned the camera from left to right all evening to show the more than 300 socialites gathered. Without a floor director to give us signals, our cameraman would pan back to Vero and me as we made one-liner jokes a la Bob Hope. We were quite hilarious.

It was a soft opening without any fanfare. There was no press conference or special program with dancing girls to mark the first official telecast the way new product launchings are done today. We had 10 national advertisers to sponsor the show even though there must have been only 200 black and white TV sets throughout the country at the time.

We capped the evening’s program with a children’s show and some classical kundiman songs rendered by a popular soprano whose name I cannot remember. We signed off at around 9:30 pm after inviting the guests and televiewers to "tune in again at 6 pm tomorrow for that classic movie The Count of Monte Cristo." I was afraid Judge Quirino would end the telecast with an appeal to reelect his brother, then-President Elpidio Quirino, but to his credit he did not do so.

In the next 6 months after that initial TV broadcast, the job of sustaining a four-hour daily program from 6 pm to 10 pm was absolutely chaotic. In the mornings I would call on the foreign embassies, oil companies, academic institutions, and film distributors to borrow 16mm black and white films and schedule these for the day’s programming. Many of the films were cartoons like Popeye the Sailor, Mickey Mouse, or Donald Duck. Sometimes I would schedule employee relations films like "Telephone Etiquette" or "How to Deal with Subordinates." Occasionally I would be lucky to borrow The Three Musketeers or The Great Dictator. In making the program lineup, I would use a mechanical film counter to determine how many minutes and seconds the film would run. 

Fast forward 

In June 1955, President Magsaysay granted the Manila Chronicle its broadcasting franchise, which led to the founding of the Chronicle Broadcasting Network (CBN) in September 1956. A year later in 1957, Alto Broadcasting System (ABS) and Chronicle Broadcasting Network (CBN) merged to become ABS-CBN.

In a conversation I had with Geny Lopez in 1957 after the ABS-CBN merger, he vowed that the new network would aim, first and foremost, “to be in the service of the Filipino.” 

What has ABS-CBN done in the service of the Filipino? This is the accusing, if not sarcastic, question many administration allies ask, including well-meaning friends from Facebook and the literary sector. (READ: [OPINION] The ABS-CBN hearings: A theater of the absurd)

To contemporary ears, “in the service of the Filipino” may sound like a standard corporate mission statement.  But as a public relations and advertising professional for most of my life, I know that, aside from providing valuable news, public service information, and grassroots entertainment, ABS-CBN, GMA-7, and other broadcasting firms have helped multinational companies sell billions of pesos worth of their products and services by advertising over radio-TV. This has benefited not only the multinational advertisers but the millions of Filipino consumers as well, by allowing an easier distribution of goods and services to satisfy a public need. (READ: [OPINION] Thoughts on press freedom, from an ABS-CBN employee)

Broadcast advertising: A boon to the economy

The total adspend in 2017 by the members of the Association of Accredited Advertising Agencies of the Philippines (4A’s) amounted to P401.9 billion. That’s about 1% of our GDP and that’s just across the 3 media of TV, radio, and print, not yet counting the adspend in online and digital media.    

Of the P401.9 billion adspend, TV accounted for the lion’s share with 79.7%, followed by radio (17.2%) and print (3.1%). In other words, multinational companies such as Unilever, Procter and Gamble, and  Colgate Palmolive, and local companies including Jollibee Food Corp, RFM Ice Cream, United Laboratories, and others, spent about P390 billion in 2017 on ABS-CBN and other broadcast stations to disseminate information about their products and services throughout the Philippines.

Arguably, these huge consumer adspends benefited us consumers and the national economy as a whole because they gave people more information about products, which boost the competition, resulting in reduced prices across the board. In effect, ABS-CBN made purchasing easier for consumers by providing fact sheets about the place and availability of goods, the prices, points of superiority, and other relative merits. 

ABS-CBN teaches modern agriculture to farmers

On a personal level, I can vouch that ABS-CBN has productively helped teach modern agriculture to farmers by radio. From 1965 to 1970, as PR Communication head of Esso Standard Fertilizer and Agricultural Chemical Co. (ESFAC), I produced 24 weekly Tiyo Essong radio farm programs in 24 local radio stations throughout the Philippines, mostly over ABS-CBN, with ABS-CBN’s Ben Viduya as main anchor in Manila. 

Two persons managed each program: a content script writer who had to be an extension worker, and the radio staff announcer. In the Ilocos region, the script was in Ilocano; in the Cebuano areas, it was in Cebuano; it was Ilonggo for Panay island, and so forth. My staff worked closely with each provincial scriptwriter. We designed Tiyo Essong programs to align with the various cropping seasons. For instance, our program in Isabela would follow the cropping season for tobacco, and our program in rice areas would be designed likewise. Our objective was not to give the farmer a diploma but to give him fundamental, practical lessons through radio, including domestic economy, health practices, environment preservation, etc.

For general information about soil analysis, irrigation, and fertilizer and pesticides application, we had ready-made scripts for the writer. Tiyo Essong was not a farming school on the air; it was a let's-do-it-together farming procedure that was relevant in the province where the program was aired. We produced a Radio Farm Program Manual for each scriptwriter, and we met with the radio announcers once every 3 months to upgrade their skills on how to talk informally with the farmers. 

Thanks to ABS-CBN, our Tiyo Essong radio farm programs helped, over the years, to increase our national rice production from a mere 35 to 90 cavans per hectare. – Rappler.com

Charlie Agatep is the Chairman and CEO of Grupo Agatep, Inc. He is an ex-professor of Public Relations and Journalism at the UST Faculty of Arts and Letters.

Wala pang isang linggo noong tinintahan ng pangulo ang Anti-Terrorism Act na siya namang umani ng mga reaksyon mula sa iba’t ibang grupong nagsusulong ng karapatang-pantao. Naligo ng angry reax sa social media ang bawat balita at litratong ukol dito. Kapag naisabatas na kasi ito, kahit sinong pinaghihinalaang terorista ay maaaring ikulong agad-agad ng hanggang dalawang linggo nang walang nababasang Warrant of Arrest.

Saklaw kasi ng Senate Bill No. 1083, Sec 5 ang pagtatakda sa sino man bilang terorista, sa pamamagitan ng kaniyang panulat at pananalita, na nagtutulak sa isang indibidwal na gumawa ng isang akto ng terorismo base sa Anti-Terrorism Act. Saklaw nito ang iba’t ibang klaseng manunulat — mga nobelista, songwriters, kwentista, scriptwriters, mga makata, at iba pa — na may obrang may temang iimpluwensiya sa isang tao para lumabag sa batas ayon sa Senate Bill No. 1083. (READ: 'Respect human rights': CCP Thirteen Artists Awardees decry anti-terror law)

Panigurado, apektado rito ang mga local rappers na may temang pulitikal sa kanilang mga awitin na hindi sang-ayon sa lente ng gobyerno. Baka hindi na sila sumulat pa ng mga kantang magpapakita ng reyalidad at estado ng lipunan na maaaring balikan sila bilang akto ng terorsimo. 

Pero simula’t sapul pa lang naman, kung lilingunin ang pinagmulan ng hip-hop, ay makikitang kasama na sa kultura ng hip-hop ang pagpalag at protesta. 

Noong 1970s, patok na patok ang disco sa New York na dinadaluhan ng mga kilala at matataas na tao. Pero sa isang parte ng New York na kung tawagin ay South Bronx,  talamak ang mga krimen ng pagnanakaw bilang resulta ng kawalan ng trabaho — hindi sa tamad, kung hindi walang talagang mapasukang trabaho — at patong-patong na problema sa lugar. Hindi makapunta sa mga ganitong piging ang mga taga-South Bronx dahil sa kanilang mga dinaranas at reputasyon. Noong August 1973, nagkaroon sila ng sariling pagtitipon sa gitna ng kanilang danas na dinaluhan ng mga simpleng taong walang magarang damit, walang suot na mga alahas, at higit sa lahat  ay hindi disco ang hanap kung hindi ang tunog ng kanilang lugar na kalauna’y naging hip-hop. 

Niyakap ng lipunan ang hip-hop at ang kultura nito sa paglipas ng panahon lalo’t lalo na sa panahon ng police brutality sa buong Amerika noong 1980s. May pangyayari kasing hinuli ang lahat ng Black Americans para alamin ang kanilang mga detalye dahil sa suspetiyang gagawa sila ng masama. Para sa mga pulis ay kakambal ng kulay ang paggawa ng krimen sa Los Angeles, Compton. Bunga ng galit sa pang-uuri ng kapulisan sa mga black americans, naging tema ng mga tao ang kantang "Fuck Tha Police" ng grupong N.W.A. na umusig sa mga maling pagdakip, pagkulong, at pagpatay sa mga amerikanong hindi puti. Dumating pa sa puntong pinasok ng mga pulis ang concert ng N.W.A. sa Detroit noong kinanta nila ang kantang malinaw na naipadala ang mensahe sa kapulisan. 

Matapos pasukin ng kapulisan ang concert, nagkasampahan ng kaso laban sa kanila at sa kasamaang palad, walang napatawan ng parusa sa kahit sino mang pulis na humuli sa kanila. Hindi ito nagustuhan ng mga taong parte ng komunidad ng Black Americans at bumuo ito ng sigwa sa pagitan ng mga kulay. Naging instrumento ang kanta ng N.W.A para ipakita sa buong mundo ang danas ng mga Black Americans na kaakibat ng mga kawalang-hustisyang pinagdaanan nila sa kapulisan. 

Kung tutuusin, hindi lang mga rappers sa ibang bansa ang napagdidiskitahan ng mga pulis at testimonya rito sila LOONIE at Shanti Dope. 

Noong 2019, tinangkang ipa-ban ng PDEA ang kantang "Amatz" dahil para sa kanila ay isinusulong ng kanta ang paggamit ng pinagbabawal na gamot na siyang sinusubukang sugpuin ng Oplan Tokhang. Sabi ni PDEA Director General Aaron Aquino, dapat daw na gamitin ni Shanti Dope ang kaniyang musika para makipagtulungan sa pamahalaan para burahin ang paggamit ng droga sa kabataan. Pero kung tutuusin, nagawa na ito ni Shanti Dope dahil kasama sa kaniyang album noong 2017 ang kantang "T.H." na nagkukwento sa danas ng isang taong inosente na binisita ng mga pulis na naghahanap ng ipinagbabawal na gamot. Isa pang kanta sa kaniyang album na Materyal ang kantang "Norem" na nagkuwento naman danas ng isang tulak ng ipinagbabawal na gamot at kung paano siya naging biktima ng sistema. (READ: [WATCH] Rappler Live Jam: Uprising Collective)

Ilang araw matapos ang balita sa pagitan ni Shanti Dope at PDEA, nag-Facebook Live si LOONIE para ilabas ang kaniyang saloobin. Binanggit niya na hindi epektibo ang ginagawang hakbang ng PNP para sugpuin ang droga sa bansa lalo na’t marami nang namatay pero hindi pa rin nahuhuli ang pinagmumulan ng droga. Ilang araw ang nakalipas, nahuli si LOONIE sa isang entrapment operation at nahulian ang rapper ng libo-libong halaga ng imported drugs. (READ: Rapper Loonie released on P2 million bail)

Ang dalawang rapper ay nagpapahayag ng hindi pagtango sa kanilang nakikita sa paligid na hindi nagustuhan ng pamahalaan. Isa itong akto ng pagbusal ng mga tao at ahensyang kanilang pinupuna.

Noong isang taon, inilabas ang Kolateral: isang rap album na may mga awiting naglalaman ng mga kuwento’t naratibo ng mga nabiktima ng Oplan Tokhang. Binosesan ng album ang bawat pangungulila, galit, at dismaya ng masang may kakilala’t kapamilyang nabiktima ng programa. Naging matagumpay ang album sa pagpapaabot ng mensahe at kwento ng mga biktima sa porma ng rap, kaakibat ng mga artistang tumulong para bunuin ang labing-dalawang awitin. (READ: 'Kolateral' rages against the 'drug war' – here’s why you need to listen)

Ayon sa literary critic na si George Lukács, mahuhusay ang mga artistang naipapakita at naipapabatid ang karanasan ng pagiging  tao sa kanilang napiling mga porma. Hindi lang sa aspeto ng pagiging tao, kasama rito pati ang danas at lupit ng pang-aalipusta na naipaakita sa mga tula, kuwento, pelikula, dula, litrato, pinta, at iba pa. Ika nga, repleksyon ng lipunan ang sining at repleksyon ng sining ang lipunan pabalik. 

At ito ang patuloy na ginagawa ng rap. Dahil galing sa komunidad ang mga kwento, mas naiintindihan at nararamdaman ng komunindad ang mensahe. Tagos pa.

Bumubuo ito ng damdamin at kamalayan ng sabay na nagtutulak sa mga tagapakinig nito para mag-isip, umusisa, at magmulat sa paligid.

Pero paano na kaya kapag batas na ang Anti-Terror Act? Paano kaya ang magiging sistema ng eksena ng local rap? Kung titikom man at pipikit ang mga rappers sa nangyayari at mangyayari pa sa bansa, nasa kanila ang desisyon. Wala namang masama sa pagpili ng kaligtasan. May mga personal na dahilan para tumigil at magpatuloy pero sana ay hindi nila makalimutang mabilis na paraan ang pakikinig sa musika para maiparating sa mga tao ang ano mang mensaheng nais nilang iparating. Sa panahon ngayon, higit na kailangan ng lipunan ang rap at sining.

Sa panahon ngayon, kailangang mas magpadala ng mga mensahe sa mga tao, lalo na sa kabataang may kakayahang bumago ng lipunan sa hinaharap. Kapag nawalan ng rap ang masa, mababawasan ng pupuna. Kapag nawalan ng rap ang masa, mas kakaunti ang mga magmumulat. Kapag nawalan ng rap ang masa, bilang na lang ang makikisawsaw sa mga isyung panlipunan. Higit sa kailanman, kailangan natin ng hip-hop dahil siguradong magiging mapait at hindi magiging masarap ang danas ng masa kapag walang rap. – Rappler.com

Nagtapos ng kursong Journalism si sa Unibersidad ng Santo Tomas at kasalukuyang kumukuha ng Malikhaing Pagsulat sa paaralang gwadrado ng parehong paaralan. Kung wala sa eskwelahan, malamang nasa lansangan. 

MANILA, Philippines – In the middle of the coronavirus health crisis, President Rodrigo Duterte signed into law a bill giving the government more powers to act against persons or groups falling under what critics say is a dangerous and vague definition of terrorism.

This was announced by Interior Secretary Eduardo Año on Friday, July 3.

How do visual artists feel about a law that could possibly stifle them from free expression? 

This week, we feature the work of Marc Christian Nas, a 23-year old architecture graduate and start-up digital artist (he mainly uses PowerPoint!) from Bulacan.

The work below is entitled "Bangungot sa mga mulat," and here's what he has to say about it:

"Sa panahon ng matinding krisis sa kalusugan, ang karamihan sa atin ay mulat na sa realidad ng ating buhay: mulat na sa kasalatan sa serbisyong medikal; kawalan ng trabaho, makakain at matutuluyan; mulat sa panggigipit ng mga naghaharing-uri. At imbis na pakinggan ng administrasyong ito ang hinaing ng bawat isa, ang iba ay ipinagsasawalang-kibo na lang. Ang malala, ang mga mulat ay pinatatahimik pa, sinasakal, dinadaan sa kamay na bakal. Tayo ay iniisa-isa, hinuhuli, kinukulong; higit pa roon, kinikitil ang buhay. 

Sa pagpirma ng Anti-Terror Law, imbis na kapayapaan at katarungan ang nais iparating, mas pinalalakas pa ang sistematikong pang-aabuso sa batas at sa kapangyarihan laban sa atin. Kahit sino ay maaaring maging biktima ng red-tagging. Kahit sino, maaaring tawaging terorista nang walang basehan. Kahit sino, maaaring makulong. At ito ay pinapahiwatig lamang na ang Anti-Terror Law ay isang malaking bangungot sa ating mga mulat."

You can follow Marc on Twitter and Instagram via @asdfghjklmarcky. – Rappler.com

When Dove, via Instagram, invited fashion designer Mich Dulce to be part of a new shampoo campaign to empower women with “the confidence to go for their own definition of beauty,” she became incensed. 

Dulce was invited to support the campaign song with her own creative “playful, adventurous, and real” musical interpretation. A toolkit and suggested hashtags to go along with her post were included in the message. 

Dulce responded with a note to say that if Dove truly wanted to empower women they should start by paying them for marketing the brand instead of perpetuating unpaid work in the guise of empowerment. 

In a Facebook post that has since gone viral, Dulce shared the message exchange with the brand’s public relations (PR) agency and wrote:  

“Naghihirap na ang mundo (the world is suffering), yet large corporate global brands like Dove will continue to capitalize on causes like 'women empowerment' for free marketing. Sorry, I've hit my tolerance point with this. I know so many people who got paid with soap in exchange for Dove campaigns which ordinarily would pay models thousands of pesos...” 

The PR agency who approached Dulce apologized and said that they were planning to pay for the posts and would send in an agreement outlining those terms. 

By then, Dulce’s Facebook post had already gone viral as other women shared similar stories.  

Another woman who had received the same invitation as Dulce tried negotiating for compensation but was offered a modest token that was rationalized as “not a talent fee but more of a token of thanks for supporting women.” Another shared how she did an ad for the brand a few years back. The ad which featured her image was plastered along major thoroughfares. She was compensated with shampoo. (READ: Fortune 500 feminism)

In an email interview, Unilever released this statement from Ed Sunico, Vice President for Sustainable Business Communications: “Through the years, Dove’s purpose has been to make beauty a positive experience for every woman – making her develop a positive relationship with the way she looks, helping her raise her self-esteem, and realize her full potential. For a new campaign, Dove Philippines reached out to individuals who have the voice and the influence to further the brand’s purpose of helping women break free from conventions and express their own definition of beauty.”  

On the subject of equal and fair pay as an integral part of gender equality and empowering women, Sunico answered, “As a brand, we work with different partners and advocates in various ways whether as talent, or social media influencer. We compensate all talents depending on the work they do, based on mutually agreed engagements. We continue to listen to our community and are constantly reviewing our practices as the industry evolves because our partners are important to us.”

Femvertising 

Dulce, who is also the lead singer of the feminist punk band The Male Gaze and is co-founder of feminist group Grrrl Gang Manila, brings up the touchy issue of “femvertising”or how brands use feminist ideals like empowerment to sell their products. There are many thought pieces online about femvertising but one of the best is this piece by Andi Zeislar of Bitch Media. Zeislar termed it as  “empowertising” and described it as the commodification of feminism. 

“The business of marketing and selling to women literally depends on creating and then addressing female insecurity.... There was good reason for industries that sustained themselves on the self-hatred of women to dread the potential reach of feminist movements. Co-opting the language of liberation to sell their products allowed them to have it both ways, celebrating the spirit of the movement while fostering a new set of insecurities ('natural-look' cosmetics, anyone?) and new aspirational archetypes,” wrote Zeislar.

My view is that femvertising or empowertising is where advertising and advocacy meet. This intersection is not necessarily a bad thing – if brands recognize and live up to the responsibility of taking up a social cause.

Think about all your favorite ads over the last couple of years. Media scholars have acknowledged the power of carefully made and well-thought out advertising in 30 seconds or less. These compact films can challenge long held beliefs and usher new perspectives. Take the Budweiser commercial that honored stepdads and blended families. This Bench ad talks about the importance of parents’s acceptance of their LGBT children and this Nido ad series – which is particularly personal to me – shattered the unspoken stigma of non-nuclear families by normalizing them.  

There is power in advertising. But when advertising ventures to speak the language of advocacy, it brings together two worlds that were previously separate.  

Advertising was once a realm dominated by fantasy and multi-dollar endorsements by A-lister celebrities, promoting a product that made you feel like you could compensate for not being a celebrity, by buying a product that would somehow make you feel like one.

Advertising was also an industry that was built on the objectification of women (think about all the early car and liquor ads) from the era when advertising agencies and campaigns were developed almost exclusively by men. 

Advertising capitalizes on creating want and unmet needs and addressing it with a product. 

Advocacy is highlighting and addressing the gaps between public policy and citizen’s aspirations. Advocacy is the fight for a cause.  

By its very nature, advertising and public relations are for profit. The essence of advocacy is social justice. 

Factors like the internet and social media platforms like YouTube and Instagram democratized the advertising space. Ordinary people became influencers and content creators, a shift that drew emphasis to authenticity and representation – advertising and advocacy began sharing words of the same language. 

And this is where it can get tricky both in terms of just compensation and the question of the superficial use of a cause like feminism to kick up the bottomline. 

Celebrity endorsers can negotiate mutli-million dollar contracts that will spell out in no unclear terms how many times their image will be used, what and where it will be used for and for how long. They are paid primarily for their fame and their stature, not exclusively for their affiliation to a cause. 

When a brand that dabbles into social issues contracts an everyday person or an influencer like Dulce, they do it for their backstory, the authenticity of their lived experience adds credence to a brand’s claim of support for a social issue like equality. 

Dulce’s work in Grrrl Gang Manila and The Male Gaze are undoubtedly why Dove saw her endorsement as valuable to the brand’s message of female empowerment and self-love. Dulce’s curly locks were a bonus to the shampoo brand’s call for “freedom to express yourself through your hair.” 

But as Dulce pointed out, Dove pays models and celebrities upwards of thousands to do the same. Why did it seem like they were avoiding doing the same with her – and as seen from the stories in her thread – with other women? 

Norman Agatep, who is a board member of the Philippine Society of Public Relations Society of the Philippines (PRSP) explained that there is no clear industry standard for influencer pricing as of yet because it has not been fully established if influencer marketing is under PR's domain.

“The influencer marketing industry has seen rapid growth but brands have not responded as quickly,” he said. 

“Some brands assign influencer marketing to PR agencies thinking that the resulting publicity is earned (a term for an influencer or media outlet writing about/endorsing a brand because of its relevance and newsworthiness). Other brands assign influencer marketing to ad agencies or to digital agencies since influencer content often appears on digital space,” Agatep added. 

Emphasizing that he was expressing his own opinion and not speaking for the PR industry, Agatep said, “I believe influencers must be remunerated. Once brands request influencers to do something on the brand's behalf, that is already stepping into paid territory.”

This kind of engagement, said Agatep, would necessitate a discussion on work involved and metrics like number of followers and level of engagement including types of compensation packages – whether exchange deals, cash, or a mix of both. (READ: [PODCAST] Making Space: Achieving equality for women in the workplace)

“I know this feels like compensation is determined on a case-to-case basis. For a huge part, it really is. I have heard a story, for instance, about a micro influencer who was insulted when offered to be paid in cash – it was as if this person was being paid to think a certain way,” Agatep explained. 

Beyond the aesthetics of feminism 

This highlights another truth that is sidestepped in the overlap of advertising and advocacy. Often, people’s involvement in advocacy work is not driven by money but by their own experience of othering. Supporting a cause they believe in is doing their part in making sure others do not experience the same kind of marginalization – not to sell a product. This crossover requires a discussion, rather than an assumption that an advocate or influencer will participate in a campaign for a token of appreciation. 

When brands use feminism and its ideals of equality, it needs to go beyond cherry picking the easy and trendy aspects of it like empowerment. The idea of empowerment may have become mainstream but its core premise of equality remains the same. Equality goes beyond embracing the way we look and the myriad shapes and sizes our bodies come in. (READ: #2030Now: This is how you give women real political and social power)

Brands who use a social cause like gender equality as part of their advertising need to acknowledge that doing so comes with the responsibility of practicing what they trumpet – and includes the subject of equal and just pay. (READ: Feminism beyond the jargon)

Being an ally of gender equality means incorporating equality into everything they do – and that includes equitably paying women and influencers invited to associate themselves with their brand. Accepting our brown skin, our wide noses, and our curly hair is but a small part of feeling empowered. The struggle for gender equality is also an economic one. Globally, women still make less than men and for certain jobs like care, domestic, and agricultural work, women are not paid at all. Brand endorsements shouldn’t be added to the list of jobs that women are not paid for. – Rappler.com

Ana P. Santos writes about sexual health rights, sexuality and gender for Rappler. She is the 2014 Miel Fellow under the Pulitzer Center on Crisis Reporting and a 2018 Senior Atlantic Fellow for Health Equity in Southeast Asia.Follow her on Twitter at @iamAnaSantos and on Facebook at @SexandSensibilities.com

Last July 1 marked the 4^th year in office of President Rodrigo Roa Duterte. On July 27, he is set to deliver his 4^th State of the Nation Address (SONA). 

I venture to make my own assessment of Duterte’s performance, which Malacañang has touted as “great.” 

I will not dare post a score within a scale of 1 to 10. As this discourse will show, it will be an offense to mathematics to even attempt to give Duterte a grade for leadership. 

As a well-known critic of the President, and given that I have been unjustly deprived of my liberty for 3 and a half years now as a direct result of his personal and political vendetta against me, people might dismiss my assessment of the leadership as lacking in objectivity or being the product of enmity. Well, my situation and my history with the President are facts – undeniable and unavoidable. But that should not prevent me from speaking of my honest personal assessment of his leadership in the last 4 years.  

However, unlike the sycophants who will give him absurdly high grades, I cannot just give a simple answer. My burden is heavier, as I have to justify my assessment. I shall assess him, as follows: (a) How well he handled issues, fulfilled his campaign promises, and responded to more or less unavoidable crises; (b) How well he exemplified and promoted Filipino core values; and (c) How well he measured against common leadership traits.

How well has Duterte handled issues? I have identified 6 main issues or areas of concern:

Corruption.  We have seen several of his appointees and allies be implicated in controversies. Let me just recall two of such appointees. There is former Secretary Vitaliano Aguirre II’s, who was implicated in the P50 million Bureau of Immigration extortion scandal back in 2016, involving the alleged release of 600 of the 1,316 Chinese nationals who were caught illegally working at the Fontana Leisure Park and Casino in Clark, Pampanga owned by Macau-based gambling tycoon Jack Lam. Mr Aguirre, despite evidence of his complicity in the scheme, was never seriously investigated. And later, the same Vitaliano Aguirre II who, despite being removed from his post since 2018 for exonerating accused big-time drug lords Peter Lim and Kerwin Espinosa, is alleged to be the protector of the “pastillas” syndicate operating – again! – in the Bureau of Immigration. Where did the investigation go? 

There is, of course, also Nicanor Faeldon, who, as the highest official in the Bureau of Customs, was implicated in the alleged smuggling of P6.4 billion worth of shabu from China into the Philippines. While refusing to attend the Senate investigation – for which he was held in contempt and detained – and even after he resigned, Duterte decided to allow him to lay low for close to a whole year in another appointive position as deputy administrator for operations in the Office of Civil Defense. When questioned, Duterte claimed his “exclusive prerogative” as President – as if those are magic words that makes questionable appointments less questionable, but it only proved that the Presidency is being treated as a personal advantage to benefit the President and “his own.”

And what happened to the favored Faeldon?

He was again appointed to another powerful post and, thereafter, finally fired for something that he claims was just him following the law. I remember that some fellow Senators revealed that, in his very short stint as BuCor chief, he attempted to realign the BuCor budget to favor penal facilities in his home province, where Duterte himself had previously revealed Faeldon intended to run for governor.

The apparent recidivism is a direct result of the lack of accountability for corrupt practices. So what does that say about the President’s leadership, if that is the color of sheep he leads? 

Drug problem. By now, people know what I will say about the War on Drugs. It is a war against people, the poor – not against illegal drugs! Because, while thousands of poor Filipinos died from merely being “listed” or suspected as being involved in drugs, the big-time drug lords are never held accountable.  But don’t take my word for it. 

Again, there was the mysterious illegal shipment of P6.4 billion worth of shabu. 

But let us give the President the benefit of the doubt. That happened in 2017. Well, what of the fact that, during the lockdown back in April of this year, P400,000-worth of shabu was seized from a vehicle belonging to a local government unit, the municipality of San Mateo in Rizal, as it was being transported to the towns of Binangonan and Angono? The vehicle belongs to the government. Strict lockdown protocols were in effect. If they can be so brazen even then, can you imagine how brazen they have been under normal conditions? (READ: 4 years on, climate of fear and impunity blocks justice for Duterte’s drug war victims)

Just last month, Lt. Col. Jovie Espenido, former Chief of Police of Albuera, Leyte, who has since been reassigned to Eastern Visayas, claimed that Kerwin Espinosa has become more powerful now because he is still able to transact in illegal drugs even while under the custody of the DOJ’s Witness Protection Program, particularly, the National Bureau of Investigation, as a supposed “witness” against me.[1]  

Espenido claimed that Espinosa is “behind illegal drug operations in Pampanga, Cavite, and Bulacan and the cities of Pasay and Taguig in Metro Manila.”[2]  In particular, he claimed that Espinosa is “behind the P5.6-billion shabu seized in Bulacan” after the arrest of some of the latter’s alleged associates, including a Chinese national, barely a week before the country emerged from lockdown, and “48 kilos of shabu valued at P336.8 million [that] were recovered in the operations” last May 23 that also resulted in the death of two of Espinosa’s alleged drug couriers.[3]

Everyone from the Presidential Spokesperson to DOJ Secretary Menadro Guevarra and DILG Secretary Eduardo Año are claiming that the matter is being investigated. But is it seriously being investigated? Or will it again be swept under the rug until it is forgotten, and everything resumes to be “business as usual” for these big-time drug lords once again?  

Is Kerwin Espinosa too valuable a “state witness” against me to let go from the WPP? Drug lords and drug convicts gaining a protected status is yet another hallmark of the current dispensation. 

It is very disturbing to see how brazen and powerful criminal elements become when they see that the “War on Drugs” only targets the poor.  

And don’t take my word for it that the PNP has been weaponized against defenseless people. When news broke of the shooting incident in Jolo, Sulu that resulted in the death of 4 intelligence officers of the AFP at the hands of members of the Jolo PNP, no less than two high-ranking army officials – Maj. Gen. Corleto Vinluan, head of the anti-terror Joint Task Force Sulu, and Army Chief Lieutenant General Gilbert Gapay – immediately felt the need to point out that since the PDEA was not involved, this could not have been connected with illegal drugs. Even the Army believes that drug suspects meet bloody deaths at the hands of the police before they are ever brought to justice. 

Protecting freedoms.  As a President, he swore to protect and uphold the Constitution, which includes protecting and upholding the freedoms guaranteed by that fundamental document.  Since he is the Chief Executive – not king or sovereign – he is not at liberty to discard the Bill of Rights, or any portion that he deems inconvenient. But what has happened to the freedoms he is supposed to be protecting? 

There is, of course, the burning issues about the reprisals against media and critics of the government.  But even ordinary citizens are being unlawfully silenced! 

Peaceful protesters – who are following the physical distancing guidelines that his government promulgated, during a time when he himself ordered the reopening of businesses and a return to normalcy – are arrested for peaceably and responsibly exercising their fundamental freedom to peaceably assemble and to express themselves. In contrast, “VIPs” are disregarding safety protocols for the most frivolous reasons, like mañanitas, with impunity.  

Freedoms that are fundamental to our democracy are not surrendered even during crises – they may be regulated, but they can never be taken away. If the government has not set parameters for alternative ways to effectively petition the government for the redress of their grievances, then such is the government’s failure. Citizens who are respecting and following the law in the exercise of their constitutional rights ought to be heard not silenced, regardless. A President with even passable leadership capabilities would not need reminding of that fundamental duty.

Sovereignty.  What more should be said? Our fishermen are dying. Our President delayed instituting travel bans because he was afraid of offending a particular foreign nation. While our people are placed at risk and outrightly killed, our government tiptoes and kowtows to this foreign nation. Appeasement and diplomacy is one thing: subservience and the inability to grow a backbone is another. 

And the dangers abound, and is growing in number and variety in the last 4 years.

Just days ago, it was reported that the Pakistani government is attempting to renegotiate repayment of Chinese loans associated with Belt and Road Projects that were revealed to have been overvalued. A similar scenario in the Philippines could destroy our national economy, and, with it, our sovereignty. 

There have also been the constant employment and immigration issues caused by the influx of Chinese nationals flooding into the country to work for Philippine Offshore Gaming Operators (POGOs), many of whom are allegedly entering and working illegally. In the face of the pandemic, the problem has taken on a serious public safety aspect, after illegal, makeshift underground hospitals, where Chinese nationals infected with the coronavirus are being treated, were discovered illegally operating and dumping medical waste in several parts of the country, including in Pampanga, Makati, and Parañaque.  

Now, more than ever, we need a leadership that can lead and negotiate a fair deal, and has the will to protect the Filipino people’s interest by saying no to contractual and extracontractual terms that are disadvantageous to the government. Otherwise, we will find ourselves landless, jobless, and powerless in our own nation.  

Political will is not only the will to go against public opinion. It is also the will to take the road that goes against personal stakes and interests. 

Terrorism. More than 3 years of Martial Law over 1/3 of the country, after an encounter in one city, begs the question: what are they really trying to accomplish in Mindanao?

Then there is the Anti-Terror Law – the very thing that the protesters are rightfully questioning within the bounds of their constitutionally protected rights. If Martial Law and terror of the government is the “new normal,” is the government really winning the war against terrorism? If your government is trying to know everything in your private life in order to use it against you, and to control your very thoughts and actions: who needs terrorists? The government is doing an excellent job of terrorizing and holding the people hostage without the terrorist’s help. There is terrorism, and there is state-sponsored terrorism.  

Pandemic.  If there is one saving grace in this pandemic, it is not the President and his rambling, confusing, incomplete, and delayed actions and statements. It is the Filipino people: meaning the frontliners and the ordinary people themselves. They have taken this pandemic seriously and have responded better than the self-entitled people, who feel that they are rich, powerful, and important enough to be above following the strict protocols. (READ: Pandemic unravels Duterte's 2016 promise of decisive leadership)

From the delay in imposing travel restrictions, to the delay and incomplete delivery of relief assistance to those in great need for it, to the in-fighting and corruption that delayed the testing and disaster response of the government, to the ill-conceived order to open the economy without providing for mass transportation, as well as to the other harmful attempts at window-dressing, such as incentivizing movement or return to the provinces in the middle of a pandemic – it is hard not to criticize. Not because we want the government to fail – I want the government to succeed, for no other reason than failure would mean ordinary Filipinos will suffer – but because to keep quiet, to stop asking questions, and to stop demanding better actions from the government will only mean that more people will be forgotten, neglected, and left to die.

How well has he exemplified and promoted Filipino core values of love, unity, peace, tolerance, compassion, trust, respect, fidelity, and honesty? 

He has been the most divisive influence in the whole society – not just politics or government – in the past 4 years: pitting Filipinos against Filipinos. Every response he has to criticism is to lash out at the critic. Anyone who disagrees with him is the enemy. 

Civilized discourse has become lost under his presidency. Instead of responding to issues, he attacks the person, and sics his supporters against their own countrymen.    

He promotes misogyny, violence, molestation, and devaluation of women as sexual objects. He disrespects members of the LGBTQ community. He uses offensive words that should never be uttered within the hearing of impressionable children and any adult who has any sense of self-worth, even at a time when everyone has no choice but to tune in in order to have the best chance of surviving and keeping their loved ones safe during the pandemic. 

He respects no one, certainly no one more than he respects his foreign benefactors – not even God, whose name he takes in vain willfully and belligerently. 

For every controversial thing he says, his people will claim he never said them – even in the face of incontrovertible proof.

Some Filipinos may have found his antics amusing – much as someone might be intrigued by something so foreign or alien to our experiences.  But that only drives home how little he resembles, and how inadequately he represents and promotes the core values that make us Filipinos who we are. 

How well has he measured against common leadership traits?

Courage. Accountability. Results.

I think the answer is clear.  

He has plenty of bravado and machismo, but he lacks courage to stand up for Filipinos when it counts. 

He is good at punishing people who cannot defend themselves, but what about the abuses that his people have committed? What about taking responsibility for his own failures? For the deaths and suffering that his recklessness and willfulness has caused? He bent backwards and shamed the nation in order to withdraw from the International Criminal Court precisely because he fears being held accountable. 

Count the deaths. Count the sufferings. Count the fear and division he has cast over our nation – such that even those who claim to approve of his “War on Drugs” is afraid of being wrongfully targeted under it. Now, count how many of his allies and friends have escaped unscathed from all the scandals they created. Finally, count the campaign promises he has actually accomplished. (READ: As pandemic persists, are Filipinos still satisfied with Duterte?)

Duterte claimed to free us from our problems, but he has only managed to strangle us with chains forged in a foreign land, and pulled by the hands of those who should be protecting us.

We have become a people that is terrorized by its government, while that government is composed of individuals who have been willingly and even gleefully offering our country as a tribute on a silver platter for the exploitation of a foreign government.  

All these point to one conclusion: the last 4 years came and went, with Filipinos being worse off under Duterte’s so-called “leadership.” – Rappler.com

Senator Leila de Lima, a fierce Duterte critic, has been detained in a facility at the Philippine National Police headquarters for years over what she calls trumped-up drug charges.

Like watching never-ending seasons of The Walking Dead, President Duterte has once again extended community quarantine. Life under quarantine and physical distancing has begun to integrate itself into the so-called “new normal.” I first encountered this term when Typhoon Ondoy hit Metro Manila; what once was a concept communicated by disaster experts for affected areas is now a global reality. This pandemic is unprecedented and has exposed fundamental challenges and weaknesses of the authorities who govern us.

Yet a look at the recent SWS survey points out that Duterte’s reputation remains intact. The SWS hunger survey during community quarantine can be interpreted that most Filipinos see the government as a major provider of their most basic need – food. In contrast to the bubble in one’s timeline and some facts on the ground, the President might still get the approval of many in handling this crisis.

While Presidential Spokesperson Harry Roque calls beating UP’s projection of 40,000 a victory, it is clearly COVID that won over the Filipino people. We are currently at more than 50,000 cases, with daily cases reaching the thousands for over a week now. This is expected from a government that basically tried to wait this pandemic out, not offering any real and comprehensive action plans to the point where ordinary citizens are left to fend for themselves. Clearly, the Philippine government wasted the most precious commodity in a crisis: time.

In trying to make sense of these clear contradictions, we can see 3 obvious observations on this matter:

Textbook Oplan Tokhang

First, the approach to this pandemic is classic Duterte. When the President took on the war on drugs, he treated the problem purely from an old school “crime and punishment” worldview instead of a modern major public health response to a health crisis.

We can see the same approach in the government's COVID-19 team, mainly composed of current and former military officials. Recently, Environment Secretary and retired general Roy Cimatu was sent to Cebu City with police and military battalions in a show of force – as if bullets could kill the virus.

It is safe to say that Duterte’s ignorance of this pandemic as a public health problem manifests in a lack of actual health-oriented action and focus on propaganda. One-hundred-plus days in lockdown and the public cry for mass testing continue to fall on deaf ears. Government claims that the country’s testing capacity is close to 60,000, but actual tests conducted per day are about 15,000 to 17,000 only.

Even then, this heavy-handed approach is far from just. Like Duterte’s war on drugs, the law on community quarantine has been applied selectively. Workers in public transportation and street beggars are subject to flimsy criminal complaints and detained for days. Meanwhile, government officials, allies, and even the head of the regional police who violate set protocols are afforded “compassion and kindness.” Such unfair and misguided action continues to leave the poor, the vulnerable, and sick behind.

Governing with fear and intimidation

Second, Duterte's key ingredient to maintaining public support is an atmosphere of fear and intimidation. We see how propaganda and lies have created a shift in what is “true” and “right” with online trolling, fake news, and false reports. To keep this facade, this administration also silences journalists and ordinary citizens who disagree with it.

ABS-CBN has been off the air for a month by orders of the NTC while Congress finishes the job of tackling – and denying – its franchise renewal application. Rappler CEO Maria Ressa and Reynaldo Santos Jr were convicted of cyber libel for an article published before the Cybercrime Prevention Act of 2012 was implemented. Meanwhile, a teacher who posted his frustration against the President was jailed and charged with inciting to sedition. Another salesman who posted a criticism of Duterte and Bong Go was arrested by the police for “libelous” comments in violation of the same Cybercrime Law. It is the government’s intent to strike fear in critics by displaying swift and harsh reactions to keep us quiet.

Worst of all, during this pandemic, the government has prioritized the Anti-Terrorism Law which curtails free speech, detains suspects without proper warrants for long periods, and gives extra powers to police and military without checks. Now that this draconian measure has been signed into law, it will protect the acts of impunity the administration has been perpetrating since day one, until it is struck down.

Space for a political alternative

Finally, I remember Samuel Huntington explaining how economic conditions create the possibility for democracy, but how it is political leadership that makes democracy real. Our “new normal” must bring with it the opportunity to change the old economic and political spaces.

Washington-based Institute of International Finance says the Philippines was among the emerging markets that would experience "deep recessions" this year, as our public health crisis is far from over.

The DBCC projects the country's gross domestic product (GDP) to contract by 2% to 3.4% this year. Labor groups project unemployment to be at 12 million, from just 7.3 million in April. This unemployment comes not only from retrenchments by major companies, but the closure of thousands of medium, small, and micro-scale enterprises (MSMEs). We can expect larger firms to merge and consolidate, which undoubtedly would dominate markets and focus the country’s wealth on a handful of crony capitalists. 

But amid the dismal state of our economy, the essence of this third point is on making democracy real, especially as we near the end of Duterte’s term. Some ask if there would even be elections in 2022 considering Duterte’s track record of eroding the democratic process.

While my fervent answer as a democratic idealist is yes, I can also pragmatically say the same. Without strong opposition against this regime to fight in the next elections, it is an easy win for the administration. So, whoever the Duterte camp’s bet is, I am certain they would conduct this sure-win election to project a fresh mandate to us and the international community.

Our task now is to identify strong political leaders or opposition we can rally around to fight and bolster a campaign against the current regime. Only until we find these leaders will our democratic spaces, our country be safe for ordinary citizens. – Rappler.com

Gio Tingson is lawyer and former chairperson of the National Youth Commission. Tingson was also the Vice-Chairperson of Akbayan Citizens’ Action Party.

The following piece was first published on Analyzing War. 

A few weeks from now, the Armed Forces of the Philippines (AFP) will have its new Chief of Staff (CSAFP). General Felimon Santos Jr., the seventh military chief appointed by Rodrigo Duterte in his 4 years as president, will be retiring next month. Interestingly, the CSAFP’s average term under the Duterte administration is estimated to be only 7  months. This tenancy is way too low compared with the 10-month average of the 11 AFP chiefs in the 9 years that Gloria Arroyo occupied Malacañang, as well as the 11-month average under Benigno Aquino III’s time in office.

However, this tacitly accepted appointment of the military chief has long existed even before Duterte was elected. The 1987 Constitution did not define a fixed term for the CSAFP but only explicitly set the three-year maximum term. Intriguingly, the AFP’s revolving policy can be attributed to the constitutional provision forbidding laws on the retirement of military personnel to permit extension of their service. It is worth noting that AFP senior officers, once they are about to reach the pinnacle of their career, are already 54 to 55 years old on average. Thus, these competent military CSAFPs will be compelled to leave the service by compulsory retirement without even completing the maximum tenure of 3 years.

This particular provision, Article 16, Sec.5 of the 1987 Constitution, was actually the legal basis of former President Aquino in vetoing the bill that should have corrected this incongruous custom. The 15th Congress in 2011 attempted to address this revolving door policy of the military leadership; then-Congressman Rodolfo Biazon filed House Bill No. 6 – An Act Prescribing a Fixed Term for the Chief of Staff of the Armed Forces of the Philippines and For Other Purposes during the 15th Congress. This was reinforced by Senate Bill No. 2869 – Fixed Terms for the Chief of Staff and the Major Service Commanders of the AFP, which was principally authored by Senator Panfilo Lacson. These two bills that target to set the three-year term of the AFP Chief of Staff were approved by the respective houses and eventually reconciled during the bicameral conference.

Secretary Delfin Lorenzana recognized that the AFP chief’s position requires at least a three-year stint for the leadership to familiarize himself with his responsibilities to craft a strategic plan in the first year, while the remaining two years will logically be dedicated to implementing it. Undoubtedly, though the former CSAFPs were competent and professional who led the military in recent years on different fronts from terrorism to insurgency, and even as a reliable partner in this pandemic, it could still be argued that their short stint harms the military hierarchy and strategic development. Though others would contend that the blueprint for the AFP is already in place regardless of who is at the helm, it is still unimaginable that the incumbent CSAFP would not deviate or modify a particular strategy whether in the modernization plan or military operation.

The revolving door policy may also be a cause for the military to be politicized. Throughout its history, even if the military has always erred on the side of the Filipino people as proven by the two bloodless EDSA revolutions, the possibility of AFP senior officers being lured by the Commander-in-Chief’s guarantee for potential appointment as CSAFP even for a short time could not be ignored. His indebtedness to the Philippine president would unquestionably compromise his professional judgment since he could personally discern that his was an appointment favorably bestowed plainly because of political accommodation.

Further, since the retiring military chiefs undoubtedly deserve military honors upon retirement, which culminates in a change of command ceremony, it is also worth reflecting on not just the logistical costs of these ceremonies, but also on the inefficiencies imposed in terms of time and institutional energy on the part of the military units involved in preparing for one of the most celebrated events in the AFP. Another issue worth underlining is the pension of the increasing number of four-star generals retiring in the AFP, considering how retirement pay is already consuming a large portion of the military budget.

Policy recommendation

This time is the best opportunity for President Duterte to rectify this practice since he has the full support of the legislative branch. Considering that the bill Aquino vetoed is seemingly unconstitutional due to age extension, a revised bill addressing such concern can be refiled. Instead of deferring the statutory compulsory retirement, the new bill could require that the age of the CSAFP and major service commanders should have at least 3 years remaining in the service. Further, this should apply to all the chiefs heading the uniformed services, and not just in the military — in particular, the Chief, Philippine National Police, and the Commandant, Philippine Coast Guard.

Moreover, the three-year term should commence a day after the new members of the House of Representatives take their office or specifically on the first day of July. Through this setup, they will be protected from being politicized as they lead their respective services since they are assured of their tenure to continue their respective plans and programs. Furthermore, should the president lose confidence before the end of their respective terms, the replacement could only continue the remaining term. The assumption of a fixed three-year tenure for the chiefs of the uniformed services should be pegged after the midterm and presidential elections.

Without a doubt, the uniformed services in the Philippines certainly play critical roles in numerous capacities, and that the security challenges in the region is erratically volatile and continuously evolving. Appointing the service chiefs with a fixed three-year term is direly needed to ensure that their programs and policies could be implemented, as well as recalibrated should the need arise based on ample time that is afforded to the general officers by this policy. Regrettably, the current setting disallows them to strategize and evaluate their plans in a scenario akin to what is stated here. It is the lack of time to lead their services that arguably limits the professional judgment and optimal output of these fine officers and gentlemen to serve more than the Filipino people deserve. – Rappler.com

Jay Tristan Tarriela is a PhD candidate and a Japan International Cooperation Agency (JICA) scholar at the National Graduate Institute for Policy Studies (GRIPS) under the GRIPS Global Governance (G-cube) Program in Tokyo, Japan. He is also a Young Leader with Pacific Forum, Honolulu. All views expressed in this article are his own and do not necessarily represent the official stand of any particular institution.

Since after 70 pro-administration members of a House of Representatives committee voted not to renew ABS-CBN’s franchise, many lawyers and law professors have advocated an “initiative” where voters can directly legislate a franchise for the network. Many posts advocating for it, perhaps fueled by the public’s anger, have gone viral, and some friends have asked me about its feasibility.

One of the most popular posts is by Rex Remitio, citing a law professor named Attorney Enrique de la Cruz, which garnered 14,000 likes and shared 10,000 times as I write this column. He wrote: 

Another remedy is people’s initiative. 

The people can directly enact a national law granting ABS-CBN a franchise. 

In 1989, Congress passed a “people’s initiative” law (Republic Act No. 6735) with the primary intention of providing a procedure for the Filipino people to directly pass national laws that Congress is unwilling to pass.  

For people to initiate the passage of a national legislation, the draft law must be signed by at least 10 percent of our country’s total voters, and at least 3 percent of every legislative district’s voters. 

After the Commission on Elections verifies the signatures to be genuine, it will schedule a referendum. If approved by a majority of our country’s voters, a proposed national law becomes a full-fledged law equal to laws passed by Congress.  

The best part is – Congress and the President cannot stop this. 

The voice of the people is the supreme law. All government authority emanates from the people.... 

Purest, most direct form of democracy

An initiative is a process allowed by the 1987 Constitution where the people are allowed to directly make and pass laws. Along with a referendum, it is a power exercised directly by the “people,” who, in our constitutional scheme, are the ultimate sovereign. Article II, Section 1 of the 1987 states, “Sovereignty resides in the people and all government authority emanates from them.” 

Following this constitutional design, it is the people who have the inherent power to legislate and that the legislative powers of Congress, both of the House of Representatives and the Senate, only emanate and are sourced from them. This vesting of legislative powers from the people to Congress is described as a “delegation” and they are deemed to have consented to this power arrangement when they ratified the 1987 Constitution.  

However, the people did not give all of their legislative powers to Congress, it reserved some for themselves. This remainder of the people’s legislative powers is what gives life to the process of an initiative. An initiative, thus, is the purest and most direct form of democracy, and the laws it produces are as valid as that made by its mere delegate, the Congress. Thus, Attorney De la Cruz and Mr Remitio are, in theory, correct.

But can it be done? 

Impossible, funds and logistics-wise

The process laid down by Attorney De la Cruz are found in Republic Act 6735, which “enabled” or made operative the constitutional concept of initiative as a mode of lawmaking. While it seems simple and seamless, anyone who is privy to election management would tell you that it is impossible to hold it at this point. 

We have to note that the signature of the 10% of the country’s registered voters only initiates a referendum – it will not give ABS-CBN a franchise in itself. What actually births a law is the referendum that will be called by the Commission on Elections (Comelec) after it verifies that all the signatures submitted by the proponents are not only authentic, but are of registered voters.

Verification entails manually comparing each signature with those in the Comelec record. If the number of registered voters is conservatively pegged at 55 million, that would mean at least 5.5 million signatures are up for individual verification. Considering the very limited number of the Comelec’s signature and handwriting experts and the number of prior jobs on queue (election protests and others), it will take years to complete them. 

Once the verification of at least 5.5 million signatures is completed, it doesn’t result in a legislation just yet. It only triggers a national referendum, where people will vote either yes or no to the initiative. The votes will then be canvassed, transmitted to the next-level board (municipal/city and provincial), and eventually to the National Board of Canvassers, which will proclaim the results.  

It will be conservatively similar to a barangay election in terms of expenses, which should not be lower than P4 billion. The amount of preparation for the referendum itself will take a minimum of 6 months. Unfortunately, Comelec has neither the money nor time for it. 

In the 2020 General Appropriations Act (GAA), Comelec was granted a line item for the “Conduct and supervision of elections, referenda, recall votes and plebiscites” in the amount of P1.9 billion. This amount is meant to answer for any electoral processes outside of the regular elections, which are separately budgeted.

Now, even if the whole amount will be spent for the ABS-CBN initiative – which, of course, will not happen – it will still be lacking at least P2 billion. The rules in government accounting allow Comelec to augment the said line item from its savings, I do not know if Comelec has that amount and, second, if it will be willing to spend it for ABS-CBN. Another option is a supplemental appropriation from the same Congress which denied ABS-CBN’s franchise bill. 

Even assuming that Comelec has money, an initiative and referendum at this time will conflict with its preparations for the 2022 national elections which have already started. An automated election takes at least 3 years to prepare for, and the preparation will go into high gear in the coming months, so all other matters not related to the 2022 election are expected to be dropped. Surely, between the ABS-CBN’s franchise concern and the 2022 elections, there’s no question about the poll body’s priority. 

And we have not even factored in the current pandemic. If crowd gathering and perhaps house-to-house signature campaigning are potential public health hazards, then how can it be accomplished? Even Comelec now operates with a skeleton force. Putting precautions and safety protocols also significantly elevates the costs of elections, doubling them at the very least. 

Don’t set people’s initiative up for failure

The second issue is whether a franchise bill, being a “private bill,” can be the subject of an initiative. Under Article VI, Section 24, of the 1987 Constitution, private bills “shall originate exclusively in the House of Representatives.” However, it can be counterargued, that such express limitation only applies to the delegated legislative power exercised by Congress, but not to legislative measures directly enacted by the people.

It must be recalled that Article VI, Section 1, made a distinction between these two types of legislative powers: delegated and those “reserved to the people by the provision on initiative and referendum.”

In my opinion, the people being the spring or source of legislative powers, their “reserved” power should be pure, unlimited, and cannot be treated as inferior to their mere delegates. In fact, the Constitution did not put any express limitation on what can be made subject of an initiative.

In the end, as much as I share the anger and frustration of many of our countrymen over the fate of ABS-CBN, I need to douse this suggestion with a pail of cold water. It sounds cool in theory, but it is legally problematic and practically impossible to hold, at least for now.

If we keep on invoking the power of initiative for wrong causes or at a wrong time and it fails, as it should, the people lose their trust in the process and it may become harder for us to avail ourselves of it right when we truly need it. – Rappler.com 

Emil Marañon III is an election lawyer specializing in automated election litigation and consulting. He is one of the election lawyers consulted by the camp of Vice President Leni Robredo. Marañon served in Comelec as chief of staff of retired Comelec Chairman Sixto Brillantes Jr. He graduated from the SOAS, University of London, where he studied Human Rights, Conflict, and Justice as a Chevening scholar. He is a partner at Trojillo Ansaldo and Marañon (TAM) Law Offices.  

Just before day’s end on July 3, President Duterte signed into law what is now the Anti-Terrorism Act of 2020, which repeals the 2007 Human Security Act.

Republic Act No. 11479 is an abomination of a law as it conflates terrorism with legitimate dissent and can be used to suppress criticism, protest, and opposition to the government.

It makes a general rule that dissent is terrorism and makes the exception that it is not terrorism when it is an exercise of constitutional rights. But the law then makes an exception to the exception – that it is terrorism if your exercise of constitutional rights leads to public disorder or violence, whether intended or not. That is very dangerously vague and justifies the advice of National Security Adviser Hermogenes Esperon, Jr to just keep quiet as well as his observation that the law’s critics are supporters of terrorism.

Indeed, while the act will be effective only 15 days after publication, many critics of the law have brought up the abuses of the police even prior to its signing, and which would potentially be exacerbated by the law’s passage.

The Piston 6, Cebu 8, Iligan 16, and Pride 20 are just few among those who have been arrested the past few weeks without warrants and have been detained longer than is necessary. When asked, the police could not provide a violation to charge them with.

The anti-terrorism law is also unconstitutional because the Anti-Terrorism Council usurps judicial power by allowing it to order arrests up to 24 days without charges and for giving it proscription authority – to designate individuals and groups as terrorists. All of these can be done without due process.

Not a solution to terrorism

This law is based on the premise that the current law is inadequate. That is not true. The Human Security Act is already draconian. But it is ineffective not because of the law but because of implementation failures.

The law is a failure because of government failures in intelligence and prosecution and because of abuses by police, military, and security officials. A new law will not plug those failures. In fact, these failures will guarantee the failure of this new anti-terrorism law.

Terrorism is a real problem and we must defeat it. But this law will not do that. From targeting a universe of a few dozens or at most a few hundred terrorists, the law can be used against thousands, even tens of thousands of activists, critics, and dissidents.

For example, in Marawi, instead of going only after the Maute and Isis terrorists, all those angry at the government’s failures in rebuilding their beloved city can now be designated terrorists. Instead of going after the Abu Sayyaf in Sulo, military and police as well as prosecution efforts will be wasted against Lumad peoples fighting mining and other incursions against their ancestral domains.

Moving forward: what can we do now?

The first thing that people can do is to file cases or join already existing petitions challenging the constitutionality of the law. The Supreme Court, being the final arbiter of laws, has the power to ultimately decide if laws passed by the legislative are compliant with the constitution.

As of Monday, July 6, 4 petitions against the Anti-Terrorism Act has already been filed in the Supreme Court: Atty. Calleja and the De La Salle Brothers, Albay Rep. Edcel Lagman, FEU Law Dean Mel Sta. Maria, and the Makabayan lawmakers. Many other groups are also poised to file petitions, including the National Union of Peoples’ Lawyers (NUPL) and former Senior Associate Justice Antonio Carpio. It is believed that more petitions questioning the law will be filed in the next few days and weeks.

As of the end of this week, two more petitions have been filed, making a total of six: Atty. Rudolf Jurado, the president’s former government corporate counsel, and constitutional framers Christian Monsod and Felicitas Arroyo joined by Ateneo and Xavier Law professors and the Ateneo Human Rights Center (AHRC).

The second is to continue protesting and speaking up against the law. Fear is understandable at this time, but it is important not to be paralyzed by it. In fact, it is important more than ever to speak up now and to encourage others to do the same.

Let’s assert and test Section 4 of the Anti-Terrorism law that states that terrorism shall not include advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights.

It is to be noted that on Friday, July 10, the House committee on legislative franchises voted 70-11 (with 2 inhibitions and 1 abstention) to deny the renewal of ABS-CBN’s franchise. We condemn this action by Congress to shut down a media giant at a time when information is much needed; and we urge people therefore to keep speaking up and expressing their dissent towards such a decision.

The third, however, is to be smart. While this proviso exists in the law, it is followed by the phrase “which are not intended to cause death or serious physical harm to a person, to endanger a person’s life, or to create a serious risk to public safety.”

Therefore, the law enforcement officials and military personnel need only to allege any of these 3 for someone to be suspected of terrorism. Moreover, as already stated above, terrorism as defined in the law is overbroad, and so despite the proviso, it is easy to conflate legitimate dissent and terrorism. Hence, individuals and groups are advised to be more cautious now as they question the law. Of highest priority is to be vigilant against infiltrators who would hijack protest actions and endanger everyone.

Fourth, on a more practical level, with the spate of arrests happening now even before the law has become fully effective, it is recommended that individuals brush up on their rights particularly in preparation for the eventuality that they become apprehended by the police, and let loved ones know of their whereabouts especially if they are going to attend protests and other similar demonstrations. They should also have a list of lawyers to call if they are in fact arrested.

Fifth, we must all lobby Congress to repeal the recently signed act and enacting a better anti-terrorism law that improves on the Human Security Act in terms of respect for human rights.

Sixth, some might even want to participate in drafting the implementing rules and regulations to make the law less harmful. It would be tricky because it could be perceived as accepting the law, but we would still support colleagues who would do it.

A united front for human rights

A united front among all pro-democracy and pro-human rights Filipinos are a must at this time. Those who will be most vulnerable with the signing of the law are the marginalized – the indigenous peoples, those living beneath the poverty line, farmers, fisherfolk, and those who work with them, such as social workers and social activists. The youth are particularly vulnerable.

Let us not allow division within our ranks and instead come together to ensure the protection especially of the marginalized who will experience the brunt of this draconian law.

Besides, none of us are safe from the law, not even the retired Supreme Court Justices and law deans. If not them, their children and grandchildren are at risk with this law.

With the passage of the bill into law, many people are understandably left at a loss about how to proceed.

However, the most important thing to do right now is to remain vigilant and to continue to fight for the rights assured to us by the Constitution. Now, more than ever, we need to speak up for democracy, for our country, and for future generations. – Rappler.com

Joy Reyes is a collaborator of Professor La Viña. She graduated from the University of the Philippines College of Law and holds undergraduate degrees in Psychology and Political Science from the Ateneo de Manila University.

Make no mistake. Putting ABS-CBN permanently off-air will hurt not just press freedom but also our economy.

On Friday, July 10, the House of Representatives voted against bills seeking to grant a new franchise for ABS-CBN, the country’s largest broadcasting network. 

This comes after weeks of congressional hearings, and months after the media giant went off-air on May 5 by order of the National Telecommunications Commission (NTC).

It didn’t have to be this way. Although ABS-CBN’s 25-year franchise did expire on May 4, the Duterte government could still have allowed them to operate pending a new franchise – just like other media groups in the past.

Varioussectoral groups have denounced the franchise denial as a blatant assault on press freedom. But given ABS-CBN’s singular place in the country’s media and economic landscape, it will have far-reaching effects on our economy, too.

Direct impacts

First and foremost, expect layoffs left and right. 

Although ABS-CBN still has presence elsewhere – like iWant.ph, TFC, ANC, various apps, and social media accounts – its exit from TV and radio airwaves could jeopardize the work of around 11,000 workers in its broadcasting business, subsidiaries, and foundation. Talents, writers, production crew, management, and many others risk losing their jobs.

But ABS-CBN’s operations rely heavily on services up and down supply chains, as well as outsourced industries. The jobs of thousands of visual artists, personal assistants, make-up artists, wardrobe crew, extras, caterers, accountants, drivers, and even restaurant owners and street vendors surrounding ABS-CBN’s headquarters will all be affected.

Because of this domino effect, total jobs in peril will go well into the thousands.

All this adds to the country’s already dire unemployment situation. From January to April our economy shed 8.9 million jobs due to the pandemic. Consequently, the unemployment rate skyrocketed to 17.3% in April, the highest on record. (READ: The alarming jobs report Duterte is ignoring)

As unemployment results in loss of income, consumptionspending will also take a hit, deepening the recession we’re all in. From the supply side, ABS-CBN’s franchise denial is a major blow to the already embattled services sector, which so far lost the most jobs in the economy.

Although some of ABS-CBN’s workers will be able to look for new jobs or sources of livelihood – as Senator Bato dela Rosa would have them do– surely not all can manage this in the middle of a pandemic. Government might even face added pressure to dole out economic aid to the displaced workers.

By the way, ABS-CBN was also cited as one of the top non-individual taxpayers nationwide: the company paid a whopping P70.5 billion from 2003 to 2019. At a time when government is cash-strapped, they’re cutting off one more major source of tax revenues. It’s like they’re shooting themselves in the foot.

Speculative impacts

The closure of ABS-CBN could also reinforce negative perceptions on doing business and rule of law in the Philippines.

Evidently, nobody – not even the country’s biggest media organization – can withstand coordinated attacks from government. It will seem that our laws and regulations can be easily weaponized against certain business interests, at the President’s whim. 

Last year Duterte already spewed tirades against big business personalities like the Ayalas and Manny V. Pangilinan. (READ: Duterte’s foul attacks on big business: What is he up to?)

Rule of law and governance indicators figure in our international competitiveness rankings, which might suffer.

Although the Philippines’ global doing business ranking improved last year, our global competitiveness ranking slipped 8 places in 2018 according to the World Economic Forum. The Philippines also saw declines in economic performance, government efficiency, and business efficiency rankings based on a 2020 competitiveness report.

Investor confidence could also drop, even as Finance Secretary Carlos Dominguez III downplays the possibility. 

As things stand, inflows of foreign direct investment already contracted by 14.2% in the first quarter of 2020. Investments with the Philippine Economic Zone Authority (PEZA) also plunged by 32% due to the pandemic. PEZA Director-General Charito Plaza is in fact already pleading with investors, “Please don’t get out, don’t transfer.”

Our credit ratings might also fall. A recent report by Fitch Solutions Country Risk and Industry Research found: “The forceful termination of ABS-CBN and Sky’s broadcasts are highly politicized, and clearly linked to President Rodrigo Duterte’s opposition toward ABS-CBN.”

It also said, “The regulator’s apparent ability to be influenced by the government continues to be a key impediment to foreign investor sentiment, and has also made the telecoms landscape difficult for both new entrants and existing players.”

Competitive effects

ABS-CBN’s exit also means a lot for competition.

After decades of rivalry, GMA can now enjoy a lion’s share of the television and radio broadcast markets, making it the dominant player and thus eroding competition.

Already, as of July, GMA reportedly got a market share of 63%, a near doubling from earlier this year (TV5’s market share also climbed to 9.5%).

This may allow GMA to corner ad contracts, possibly raising ad costs, and attract displaced talents and workers. It might also stifle calls for innovation and creativity.

Worse, new competitors will be hard put to come in and compete given the industry’s high barriers to entry (think of expensive broadcast towers and other infrastructure, among other technical and legal requirements).

Are certain groups waiting in line? Party-list representative Rodante Marcoleta – one of the leaders of the franchise rejection – hinted that Congress might award ABS-CBN’s vacated frequencies to a “more deserving player.” (READ: Why Duterte’s attack on ABS-CBN reeks of double standards, desperation) 

Consumer welfare effects 

Finally – and arguably most importantly – ABS-CBN’s absence leaves millions of consumers with greatly diminished choices and welfare.

In many parts of the country, ABS-CBN was until recently the people’s only source of free media, not just for entertainment, but more importantly for news.

Recently, the NTC also shut down the satellite dish service of Sky Cable Corporation (an ABS-CBN subsidiary). This effectively turns off information access for as many as 1.5 million subscribers, especially in areas that cannot be reached by TV signals.

Denying timely information on topics like market prices, job opportunities, disaster response, and the current state of the pandemic will make life harder for millions of Filipinos.

Starving them of updates on public policies, elections, and investigations on corrupt and anomalous government practices could also curtail accountability and transparency – again leading to welfare losses.

Speaking of welfare, ABS-CBN is also heavily involved in charity and relief work, including Bantay Bata and Sagip Kapamilya. Government could have mobilized such programs to aid the pandemic response.

With its groundbreaking educational shows (such as the classics Sineskwela and Bayani) and unparalleled reach, ABS-CBN could also have been tapped by government as a valuable partner in remote or distance learning – especially with the impending resumption of classes in August.

Needless suffering

All in all, in the middle of a pandemic, ABS-CBN’s franchise denial will cause needless suffering and hardship for Filipinos and our economy.

Perhaps recognizing the impact on them, 3 in 4 Filipinos said in a recent survey that Congress ought to renew ABS-CBN's franchise. A majority said denying it would be a blow to press freedom. 

Unfortunately, Duterte knows no economics and can hardly be expected to be disturbed by the fallout of his order to pull the plug on ABS-CBN. Even his economic managers alarmingly see no problem with it.

Is it too much to ask for a government that cares about the economy and the millions of ordinary people who comprise it? – Rappler.com

The authors are members of Usapang Econ, a group of young economists aiming to popularize economics for Filipinos. Check out their podcast on Spotify and explainer videos on YouTube.

“Hanap ng ibang trabaho para mabuhay.” ‘Yan ang payo ni Senador Bato dela Rosa sa mga nawalan ng trabaho sa ABS-CBN.

Senador Bato, may trabaho po ang 11,000 na manggagawa ng ABS-CBN, pero dahil sa kapritso ng 70 na mambabatas ng bansa, humaharap sila sa pinansyal na kalbaryo.

Senador Bato, sabi mo walang impact ang pagsasara, Ang siste, hindi ka naman ekonomista. At kahit na magtataho, makikitang may tama sa ekonomiya ang desisyon ng House of Representatives na ibasura ang petisyon ng network para sa bagong prangkisa.

Pero hindi ang matalinong senador ang may dugo sa kamay.

Ang pitumpo

Ang 70 ang sumaksak at pumatay sa network at sa kabuhayan ng mga manggagawa nila. Sila ang bumoto nang walang konsultasyon sa kanilang mga distrito na pawang tutol sa pagpatay sa ABS-CBN. (BASAHIN: Big majority of Filipinos think Congress should grant ABS-CBN a franchise)

Umiral sa kanila ang personal na interest – ang sumipsip sa House Speaker at sa nakaupo sa Malacañang. Nagpa-bully rin sila kay Solicitor General Jose Calida na kung pakikinggan mo ngayon ay BFF na si Speaker Alan Peter Cayetano.

Ngayon mas insulto sa mga aso ang tawaging tuta ang mga nasa Kongreso, lalo na ang mga nasa komiteng nagbasura ng prangkisa ng ABS-CBN.

Inuna nila ang sentimyento at hinanakit sa pagbabalita ng ABS-CBN. Ang umiral ay ang kakitiran ng isip at kasalatan ng tapang. 

Sabi nga ni Senador Ralph Recto, “A noisy press, all the more the sound from outlets which does not please our ears, is the soundtrack of democracy.” (Ang maingay na press, kahit na hindi ito kaiga-igaya sa ating tainga, ay ang tugtog ng demokrasya.)

Sabi nga ng UP College of Mass Communications, dapat alalahanin ng mga mambabatas na hindi trabaho ng media na maging ”public relations arm" ng mga pulitiko. 

Tanging 11 ang nanindigang mali ang tanggalan ng prangkisa ang istasyon. Dahil malinaw na walang nilabag na batas ang ABS-CBN at walang napatunayang paglabag sa mga hearing ng Kongreso. 

Sabi nga ni Recto, kung ito’y nagkasala, bakit hindi pagmultahin ang ABS-CBN? “If corporate misdeed is punishable with extinction, no business will be left standing in this land.” (Kung pagkitil kaagad ang parusa sa mga pagkakamali ng mga korporasyon, wala nang negosyong matitira.)

Tanong pa ni Recto, bakit ipasasara ang istasyong may pinakamalawak na naaabot sa himpapawid, kung kailan kritikal ang impormasyon dahil sa coronavirus?

Pero maraming napatunayan ang taumbayan – pangunahin na riyan na hindi kinatawan ng mga kongresista ang kagustuhan ng 75% ng mamamayan. Dapat silang panagutin sa boto nila.

70 na kongresista ang nagpakapipi, bulag, at bingi sa hinaing ng 11,000 manggagawa ng network sa panahon ng pandemya.

'Virtual' martial law

Bago pa ang pandemya, kakaunti na ang bukas na trabaho sa industriya ng sine, telebisyon, at pagbabalita. Ngayong panahon ng COVID-19 lalo nang walang trabaho dahil halos standstill ang industriya. Saan sila pupulutin?

Huwag na nating pag-usapan ang mga reporter, anchor, direktor, artista, at celebrity. Paano na ang PA o production asisstant, ang goafer, ang make-up artist, ang drayber, kasama na ang mga writer at middle level producers? 

Paano na ang mga empleyadong 20 taon nang naglilingkod sa ABS-CBN, sino pa ang tatanggap sa kanila sa suweldo nilang pang-senior at sa abante nilang edad? Paano na ang mga pinag-aaral nilang mga anak? 

Huling ipinasara ang ABS-CBN nang idineklara ang Martial Law sa bansa noong 1972. Ngayon, wala mang opisyal na deklarasyon, testamento ito sa pagkawasak ng demokrasya at pag-iral ng “virtual martial law.” Makikita ‘yan sa pagpasa ng Anti-Terrorism Law, ang pang-ha-harass sa media, ang pagtugis at pagkulong sa mga kritiko tulad ni Leila de Lima at mga maka-Kaliwa, at ang pagbabalahura ng mga troll ng gobyerno sa social media.

Laban nating lahat ito

Sabi ng Philippine Association of Communication Educators o PACE, “Isusulat namin sa mga libro at ituturo namin sa mga mag-aaral ng komunikasyon na ang Julyo 10, 2020, ay malungkot na yugto sa ating kasaysayan dahil inatake ng mga lehislador at mga 'invisible powers-that-be' ang kalayaang magpahayag."

Sa statement ng Rappler noong July 10, sinabi nito: “Laban nating lahat ito, hindi lang ng ABS-CBN.”

Kamatayan ng demokrasya ang pagkandado sa pinakamalaking media outlet sa free TV sa Pilipinas. Kamatayan ng demokrasya ang mabusalan ang tagapaghatid ng balita sa pinakamalayong sulok ng bansa. Patay na ang demokrasya kapag isang tinig lang ang maririnig sa himpapawid – kapag tinig lamang ng mga spokesman, government station, at mga “masunuring” istasyon ang magmomonopolya ng ere.

Sabi pa ng Rappler, “Learning from the lessons of history, journalists and other freedom-loving citizens must speak up because to be silent is to be complicit.” 

“To be silent is to be complicit.” Pagkunsinti ang pananahimik. #CourageON – Rappler.com

Powers must not be exercised in a vacuum, lest they yield abusive consequences.  While it is true that only Congress has the authority to grant or disallow a franchise, any determination must be done in accord with the spirit of the Constitution and the aspirations of its provisions.

In rejecting the ABS-CBN franchise application, Congress made the country witness a vote bereft of any socially redeeming value. Said vote disregarded democratic ideals and was detached from present exigencies. A reading of the “Findings and Recommendations” portion of the House Committee’s Report reveal only hollow and arbitrary reasons for the repudiation.

The Report decried an owner’s dual citizenship. However, Republic Act Number 9225 says that a dual citizen shall “enjoy full civil and political rights.” Nowhere is it decreed that dual citizens are to be treated as any less than full Philippine citizens. ABS-CBN’s tax “avoidance” was highlighted, but, not being evasion, such practice is legally permissible. The country’s tax authority, the Bureau of Internal Revenue, said as much when it cleared ABS-CBN of any tax liability. Their Philippine Depository Receipts were identified as alleged vehicles for foreign ownership. However, no definitive finding of such ownership was made, only a statement that it was “possible” and that the use of a dummy was somehow “apparent.”

Unless there is a definitive judicial adjudication of illegality of the alleged “numerous” franchise violations, the presumption of regularity and good faith prevails. That is basic.

Evidently, the proceeding’s objective was only to finally let loose the sword of Damocles which had been hanging over ABS-CBN’s head ever since the President started making known his grudge against the network. In voting against the franchise, Congress consistently ignored fundamental considerations which form the very foundations of our society. (READ: Senator Recto: ABS-CBN does not deserve death penalty)

For instance, Art. XIII, Sec. 3 of the Constitution provides that the state “shall afford full protection to labor” and “promote full employment.” Article II on the other hand, states that the “State shall promote a just and dynamic social order that will...free the people from poverty through policies that...promote full employment, a rising standard of living, and an improved quality of life for all.”

Consideration for these principles was noticeably absent. The impending unemployment of about 11,000 workers’ will show this. While the report cryptically refers to “less than exemplary labor practices” undertaken by ABS-CBN, the solution was not remedial but utterly destructive, completely prejudicial to the workers Congress purports to commiserate with.

One cannot help but question the humanity of those forcing people out of their jobs, placing their families in dire straits during this deadly pandemic despite the availability of work and their employer’s readiness to provide those jobs. It is beyond perplexing. It is absolutely immoral. Surely the Constitution did not intend to make people hungry, weary, and destitute. 

ABS-CBN has also established an extensive communication and technical network reaching almost all parts of the Philippines. It has subsidiaries abroad catering to Filipinos yearning to watch and listen to news about their home. During natural calamities, ABS-CBN plays a vital role in disseminating information, saving lives of those in vulnerable areas. The Constitution exhorts that “the State recognizes the vital role of communication and information in nation building.” (Article 2, Section 24). Also, “the State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit.” (Article 14, Section 12). These are not just empty aphorisms. They are meant to strongly guide all government actions, including the granting of a franchise. 

This is all not to mention the great contributions ABS-CBN’s artists, writers, directors, and other creatives have made to the country’s cultural fabric. Needless to state, “a climate of free artistic and intellectual expression” is something the Constitution commands the State fosters.

Which leads us to some of the most important rights enshrined in our Constitution: freedoms of expression, speech, and the press. Content-wise, they can only be legitimately curtailed if there is clear and present danger. No such danger can even be imagined from ABS-CBN’s operation. 

Section 4 Article 3 of our 1987 Constitution provides that "no law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people to peaceably assemble, and petition the government for redress of grievance." Section 7 mandates that "the right of the people to information on matters of public concern shall be recognized." 

Article 19 of the Universal Declaration of Human Rights declares that “everyone has the right to freedom of opinion and expression; the right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Similarly, Section 19 of the International Covenant of Civil and Political Rights provides that "everyone shall have the right to hold opinions without interference” and “everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice."

Did the members of the House of Representatives consider all these cardinal points in rejecting ABS-CBN’s application? 

It is not that ABS-CBN deserves any arbitrary congressional preference. But, as the years have shown, it has earned its stature as a reliable and effective platform for free expression and access to information. Allowing its continued operation would not be an undue favor. A privilege though the franchise may be, it would be a well-deserved one. (READ: Big majority of Filipinos think Congress should grant ABS-CBN a franchise)

When a franchise fortifies what are supposed to be enduring democratic values, the balance must overwhelmingly tilt in favor of its grant, especially when the grounds for rejection are flimsy. That must apply not only to ABS-CBN but to all legitimate media networks because, in the process, democracy is strengthened. There is no “absurdity” in that as gratuitously claimed by the report.

Decisions must be made in context. The rejection was insensitively inopportune. We are experiencing a deadly pandemic. Life-saving considerations should have impelled the grant. Legislation cannot be divorced from the deadly realities outside the congressional halls. 

When power is exercised with personal and political motives rather than in consonance with constitutional policies and existing compelling factors, such exercise can result in oppression and  unjust consequences, inimical to the nation’s general well-being. 

The denial of ABS-CBN’s franchise application resonates with all of us: our job security, our freedom of information, expression, and the press and, our fundamental right to know and be happy. 

Democracy has taken a grotesque pounding. When decency leaves the halls of Congress, that is when you know that the institution itself is diminished conscientiously from within. Then we wonder what liberty is next to be targeted? Former US Associate Justice William Douglas warned:

"What we must remember, however, is that preservation of liberties does not depend on motives. A suppression of liberty has the same effect whether the suppressor be a reformer or an outlaw. The only protection against misguided zeal is constant alertness to infractions of the guarantees of liberty contained in our Constitution. Each surrender of liberty to the demands of the moment makes easier another, larger surrender..." – Rappler.com 

Mel Sta Maria is dean of the Far Eastern University (FEU) Institute of Law. He teaches law at FEU and the Ateneo School of Law, hosts shows on both radio and Youtube, and has authored several books on law, politics, and current events.

26 June 2019. Wednesday. Noon. 

Out of breath from running around the city with a big placard in one hand and a heavy, borrowed tripod on the other, I stood in front of the Japanese embassy in Seoul with 80 other activists demanding for an official apology and reparations from the Japanese government. After that day’s demonstration, Jacqueline Lingbaoan, a Filipino-Canadian volunteer for the House of Sharing, carefully maneuvered an exhausted Lee Ok-Seon-halmoniinto into the backseat of a van.  

“Lee Ok-Seon-halmoni was expecting a big crowd today and there was indeed a huge crowd,” she said. “The grandmothers have been standing on the exact same spot for the past 30 years. Now…they have to sit beside everybody else because of their conditions. But their voices are just as loud as it was [back in 1992].”

The Wednesday Protest is a weekly protest that has been held 1,438 times since January 1992. Whenever their health permits a grueling three-hour travel to the city center, the halmonis endure the long commute to attend the demonstrations. The purpose of this protest is to demand that Japan formally apologize and accept historical responsibility for the atrocities it has committed against “comfort women” and to educate future generations by including this tragic piece of history in the Japanese educational curriculum. 

Who are the comfort women? After the international backlash that Japan faced following the Nanking Massacre, the Emperor ordered the creation of “comfort stations” or military brothels to provide constant sex for soldiers to prevent the spread of sexually transmitted diseases. However, as these comfort stations expanded, Japanese prostitutes could no longer meet the growing demand. As a result, thousands of women from occupied territories were forcibly conscripted to these brothels. Many survivors testify to having been raped by up to 70 soldiers daily. (READ: Comfort women: 'Hustisya para sa mga lola')

According to historian Yanson Ahn, sexual violence in Japanese comfort stations have become a routinized everyday practice. In fact, it is a common sight to see long lines of soldiers queuing up for sex with their “trousers down and underpants already almost off.” Many soldiers begin to unbuckle their trousers outside the door and would come out of the room naked. Each soldier is expected to finish “intercourse” quickly as there are still those waiting for their “turn.” The imagery conjured by these descriptions looks very much like the queue for a public toilet. These women were dehumanized to the extent that their bodies have been reduced to being “toilet structures.”

My own cathartic exploration of the harrowing plight of the survivors of institutionalized wartime sexual slavery began on the second floor of the Wilfrido Ma. Guerrero Theater in UP Diliman. As I was watching the actress who played Nana Rosa endure 9 months of dehumanizing abuse, I promised myself that I would do everything in my power to keep their story alive. It is true what they say — art really should “comfort the disturb and disturb the comfortable.” This is precisely the reason why in the last year, I have been spending my breaks from law school tracking down the remaining survivors of institutionalized military sexual slavery.

Lola Lita Vinuya and the Malaya Lolas Organization 

On 23 November 1944, mortar rained down the quiet town of Mapanique as the Imperial Japanese Army doused houses with gasoline, ruthlessly bayonetting every last man they could find. The Japanese soldiers hauled the women into the Bahay na Pula, where they were repeatedly tortured and raped. As a result of the abuse they suffered as children, a lot of the survivors left the village for fear of the stigma and persecution attached to being a rape victim. Some were so traumatized and repulsed by male companionship that they refused to marry and have children. 

Holding a red plastic bag of nganga, Isabelita Vinuya (Lola Lita) had a glazed, faraway look in her eyes as she was narrating to me the fateful day when the Japanese Army raided her village. Lola Lita was just 11 years old when she was forcibly taken to the Bahay Na Pula to be brutally raped and subjected to various forms of sexual humiliation and violence. Nearly 7 decades later, she filed a case against the Philippine government to order the President to espouse their claims against the Japanese government. But when I asked her if she recalls why she lost that highly controversial case, she barely remembered that there was even a case to begin with. Since they lost that case in 2010, Filipino comfort women barely made the headlines of popular news agencies in the country. Since then, many members of the Malaya Lolas Organization and Lila Pilipina have died. Their identities, and consequently their lived experiences, were left in the margins of history. 

The predecessors of the #HijaAko Movement

Before the #HijaAko Movement, there were the comfort women. The #HijaAko Movement originated from an online spat between Ben Tulfo and Frankie Pangilinan, when Tulfo tweeted that women should not wear revealing clothes so as not to “unleash the beast.” In an attempt to debunk the antiquated misconception that a woman’s clothing causes rape, women from all over the country came forward with their own stories of sexual harassment and abuse. It sparked meaningful conversations on issues that were previously considered taboo, such as the prevalence of workplace sexual harassment, date rape in college parties, sexual grooming and predatory behaviors of faculty members in Catholic private schools, and the misogynistic “locker room” talk in university fraternity group chats. (READ: Rappler Talk with Kakie Pangilian: #HijaAko and finding one’s voice)

We should recognize that the #HijaAko Movement is not merely a “Filipinized” incarnation of the #MeToo Movement, because it is organically built upon the pioneering initiatives of early activists against gender-based violence and systemic sexual abuse — the comfort women. Self-identification as a comfort woman is deemed as a “symbolic act of rebellion” at a time when female chastity and virginity were considered as the most important virtues of a woman. At its core, the HijaAko Movement is founded upon a victim-centered approach, which denounces the culture of impunity and “structural silencing” that followed these abuses. (READ: 'Inviting the beast'? #HijaAko trends as women call out victim blaming)

“Sabi ni nanay, ‘Kapag muling binigkas, muling nagkakatotoo.’ Kaya sa isip ko lang binibigkas,” says Nana Rosa. For nearly 50 years, Nana Rosa kept her story a secret. But hearing Kim Hak Sun speak out over the radio inspired her to break her silence and tell the story of her abuse. Like what Kim Hak Sun’s 1991 testimony did for Nana Rosa, the #HijaAko Movement is all about women empowering women. After her first press conference in 1992, 29 women came forward within months, as they were “encouraged by seeing Lola Rosa on television.”

I have always believed that memorialization of history and the establishment of statues help us confront and heal from the painful narratives of the past. And so, a few hours before my scheduled flight back to Manila, I laid flowers at the bronze statue of a girl — the Statue of Peace promising her that her story  their story — will never be forgotten. 

In memory of Maria Rosa L. Henson 
(5 December 1927-18 August 1997). 
Your voice lives on. 

– Rappler.com 

Ma. Hazel Joy Faco is a Juris Doctor student specializing in International Human Rights Law in Ateneo de Manila University. In 2017, she graduated with a degree in Political Science in UP Diliman. Formerly a legal intern for the Humanitarian Legal Assistance Foundation, she now works for the Commission on Human Rights – Child Rights Center and the Ateneo Human Rights Center.