Election: A Season to Level the Playing Field and Debunk Political Dynasties

As I sat before my laptop during this cold windy midnight while watching the late night news on TV regarding the recently concluded US Presidential election with Democrat Barack Obama pitting against the Republican Mitt Romney, I can’t help myself to gaze upon the calendar and wonder whether the 2013 election we will be having here in the Philippines would be magnificent, clean, peaceful, and honest, too. Yes, the last day of registration for the 2013 election had passed already and the long queue that flocked to the different field offices of Commission on Election (COMELEC) nationwide no longer exists. Everybody is preparing for the May 13, 2013 election - the eventful day when Filipinos are going to play a game in the playing field where everyone is treated as equal, where there is neither rich nor poor, and where we would amazingly act as superhero with intergalactic superpowers for utilizing a super weapon --- our precious single vote --- when we go out in the playing field trusting that our sacred right and treasured privilege to govern and be governed shall make a difference in the lives of our people and shall chart the destiny of our beloved country.

I am pretty sure everybody is excited for this forthcoming election because it signifies hope and a new beginning towards the “straight path” of governance unwaveringly pursued by our Honorable President Benigno S. Aquino, Jr,. It cannot be denied, however, that along the feeling of excitement that comes with the 2013 election is the burning issue of political dynasty. Political dynasty can trace its roots from the Spanish era when public positions were given only to favored families, mestizos, and illustrados who have immense wealth and property which ultimately enabled them to muster the necessary machinery thereby monopolizing the democratic space especially in acquiring elective and appointive positions. It is indubitable from this historical account then that political dynasty has actually long embedded in our Philippine culture. The system of oligarchy which ultimately causes social decadence in the political arena and undermines the democracy we have long upheld as a nation has continued until the birth of the 1987 Constitution which primarily aims to restore the democracy and our freedom from the bondage of our colonial past. Article II, Section 26 of the fundamental law provides that:

“The state shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.”

However, despite the foregoing, the seemingly “politically dynasty-controlled” Congress has failed the nation to enact enabling law that will solidify the spirit and intent of the framers of the 1987 Constitution. Of course, passing a law that prohibits political dynasty would unduly prejudice those belonging to politically dynasty-ruling elite for it shall eventually spoil the strong social, economic, and political base they already built from the time of the kingship of their political clan. The absence of enabling law prohibiting political dynasty undoubtedly results to inequity in the social, economic and political sphere for it hinders one with nothing but leadership capacity and genuine desire to serve to be voted and elected upon. This does not mean, however, that those who have been elected to public positions by virtue of the influence of ruling political dynasty have no leadership capacity and genuine desire to serve. What we mean when we speak of “political dynasty” is the “lack of opportunity” of the equally qualified people to have an access to public positions, which is triggered by the monopoly of the oligarchs enjoying the ample of resources acquired through the positions they have occupied since time immemorial.

The most recent attempt to pass a law prohibiting political dynasties is Senate Bill No. 2649, introduced by Senator Miriam Defensor Santiago on January 24, 2011 during the 1st regular session of the 15th Congress. Other bills were also filed by then Senator Alfredo Lim in 2004 (SB-1317), Senator Panfilo Lacson in 2007 (SB-1468), and Rep. Teddy Casino (House Bill-2493) also in 2007. These attempts at leveling the playing field demonstrate people’s thirst for young blood, and new breed of statesman devoid of the vestiges of political progeny and traditional politicians.

"Political Dynasty" shall exist when a person who is the spouse of an incumbent elective official or relative within the second civil degree of consanguinity or affinity of an incumbent elective official holds or runs for an elective office simultaneously with the incumbent elective official within the same province or occupies the same office immediately after the term of office of the incumbent elective official. It shall also be deemed to exist where two (2) or more persons who are spouses or are related within the second civil degree of consanguinity or affinity run simultaneously for elective public office within the same province, even if neither is so related to an incumbent elective official (Senate Bill 2649, 1st regular session of the 15th Congress).

It is a view that political dynasty predominantly exists among various local government units (LGU) in the country. It is in this context that the proposed Senate Bill No.1317 by then Senator Alfredo Lim, now a Mayor of Manila, deemed relevant. According to him, in its Explanatory Note, “the bill seeks to end the exercise and control of political power and authority in a political unit by two or more members of the same family related within the 3rd civil degree of (consanguinity or affinity either simultaneously or in succession. [Hence] under the proposed bill, a mayor who finishes his three (3) terms cannot be succeeded by his wife, child or any relative within the 3rd degree. Likewise, no relative of the mayor may run as congressman, vice mayor, councilor or even any barangay position in the same municipality or city for as long as he sits as mayor in that place. The rule applies with equal force to provincial levels and autonomous regions (last par. Explanatory Note, Senate Bill No.1317). This provision is truly helpful in eradicating political dynasty at the local level especially when the same will be harmonized with Section 9 of Senate Bill No. 1468 by Senator Panfilo Lacson which strengthens the effect of the violation of the anti-dynasty law, which reads:

“SECTION 9. Effect of Violation of Prohibition. -The COMELEC shall, upon the filing of a verified petition by any interested party, deny due course any certificate of candidacy filed in violation of this Act and the votes cast for the disqualified candidate, if any, shall not be counted nor shall such candidate be proclaimed nor be qualified to assume office.

Violation of this Act and the rules and regulations of the COMELEC issued to implement this Act shall also constitute an election offense punishable under the first and second paragraphs of Section 264 of the Omnibus Election Code (Batas Pambansa BIg. 881)”

With all these efforts to end the oligarchic system of politics, one may ask himself or herself whether there could be a fruitful result afterwards. Well, for now, the answer lies not on the future passage of the Anti-Political Dynasty Law which has long been overdue because of the existing complicated issues appurtenant with it but on our hands as Filipino citizens when election time comes in. In the advent of the prevailing technological revolution amidst the May 2013 election, a just society bounded by new politics and people empowerment will no longer be a mystic dream because the power to change for the betterment of our society lies in the hands of our electorate. This country needs a just society where there is a free rein of social justice and new politics dismantling the patronage system that is based on personality, popularity, and influence rather than on issues and platforms of good governance. It is during this season of election that we will have the opportunity to level the playing field and debunk the growth of political dynasties as we travelled through the straight path of governance envisioned by our beloved President Aquino. 

A.M. No. 12-8-8-SC Judicial Affidavit Rule

The Supreme Court has embarked on another voyage of innovatively dealing with decongestion of cases and speedy resolution of trials without compromising the rights of the accused, law of evidence, and the rule of law as well. The implementation of the Judicial Affidavit Rule is one of the judicial reform programs of the Supreme Court which will truly lessen the period of judicial proceedings. The following are the pertinent provisions of the Judicial Affidavit Rule:

Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and incidents requiring the reception of evidence before:

(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the Municipal Circuit Trial Courts, and the Shari' a Circuit Courts but shall not apply to small claims cases under A.M. 08-8-7-SC;

(2) The Regional Trial Courts and the Shari' a District Courts;

(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari' a Appellate Courts;

(4) The investigating officers and bodies authorized by the Supreme Court to receive evidence, including the Integrated Bar of the

Philippine (IBP); and

(5) The special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of the Supreme Court, insofar as their existing rules of procedure contravene the provisions of this Rule.

(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or investigating officers shalJ be uniformly referred to here as the "court."

Sec. 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. - (a) The parties shall file with the court and serve on the adverse party, personally or by licensed courier service, not later than five days before pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents, the following:

(           (1) The judicial affidavits of their witnesses, which shall take the place of such witnesses' direct testimonies; and

            (2)  The parties' documentary or object evidence, if any, which shall be attached to the judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the respondent or the defendant.

(b) Should a party or a witness desire to keep the original document or object evidence in his possession, he may, after the same has been identified, marked as exhibit, and authenticated, warrant in his judicial affidavit that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original. In addition, the party or witness shall bring the original document or object evidence for comparison during the preliminary conference with the attached copy, reproduction, or pictures, failing which the latter shall not be admitted. This is without prejudice to the introduction of secondary evidence in place of the original when allowed by existing rules.

Sec. 3. Contents of judicial Affidavit. - A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino accompanied by a translation in English or Filipino, and shall contain the following:

(a)  The name, age, residence or business address,   and  occupation of the witness;

(b)  The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is being held;

(c)  A statement that the witness is answering the questions asked of him, fully conscious that he does so under oath, and that he may face criminal liability for false testimony or perjury;

(d)  Questions asked of the witness and his corresponding answers,consecutively numbered, that:

(1) Show the circumstances under which the witness acquired the facts upon which he testifies;

(2)  Elicit from him those facts which are relevant to the issues that the case presents; and

(3)  Identify the attached docun1entary and object evidence and establish their authenticity in accordance with the Rules of Court;

               (e)   The signature of the witness over his printed name; and

(f)   A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to administer the same.

Sec. 4. Sworn attestation of the lawyer. - (a) The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who conducted or supervised the examination of the ·witness, to the effect that:

(1) He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers that the witness gave; and

(2) Neither he nor any other person then present or assisting him coached the witness regarding the latter's answers.

(b) A false attestation shall subject the lawyer mentioned to disciplinary action, including disbarment.

Sec. 5. Subpoena. - If the government employee or official, or the requested witness, who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or refuses without just cause to make the relevant books, documents, or other things under his control available for copying, authentication, and eventual production in court, the requesting party may avail hinmself of the issuance of a subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court. The rules governing the issuance of a subpoena to the witness in this case shall be the same as when taking his deposition except that the taking of a judicial affidavit shall be understood to be ex parte.

 Sec. 6. Offer of and objections to testimony in judicial affidavit.- The party presenting the judicial affidavit of his witness in place of direct testimony shall state the purpose of such testimony at the start of the presentation of the witness. The adverse party may move to disqualify the witness or to strike out his affidavit or any of the answers found in it on ground of inadmissibility. The court shall promptly rule on the notion and, if granted, shall cause the marking of any excluded answer by placing it in brackets under the initials of an authorized court personnel, without prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court.

Sec. 8. Oral offer of and objections to exhibits. - (a) Upon the termination of the testimony of his last witness, a party shall immediately make an oral offer of evidence of his documentary or object exhibits, piece by piece, in their chronological order, stating the purpose or purposes for which he offers the particular exhibit.

(b) After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if any, to its admission, and the court shall immediately make its ruling respecting that exhibit.

(c) Since the documentary or object exhibits form part of the judicial affidavits that describe and authenticate them, it is sufficient that such exhibits are simply cited by their markings during the offers, the objections, and the rulings, dispensing with the description of each exhibit.

Sec. 9. Application of rule to criminal actions. - (a) This rule shall apply to all criminal actions:

(1) Where the maximum of the imposable penalty does not exceed six years;

(2) Where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved; or

(3) With respect to the civil aspect of the actions, whatever the penalties involved are.

(b) The prosecution shall submit the judicial affidavits of its witnesses not later than five days before the pre-trial, serving copies of the same upon the accused. The complainant or public prosecutor shall attach to the affidavits such documentary or object evidence as he may have, marking them as Exhibits A, B, C, and so on. No further judicial affidavit, documentary, or object evidence shall be admitted at the trial.

(c) If the accused desires to be heard on his defense after receipt of the judicial affidavits of the prosecution, he shall have the option to submit his judicial affidavit as well as those of his witnesses to the court within ten days from receipt of such affidavits and serve a copy of each on the public and private prosecutor, including his documentary and object evidence previously marked as Exhibits 1, 2, 3, and so on. These affidavits shall serve as direct testimonies of the accused and his witnesses when they appear before the court to testify.

Sec. 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A party who fails to submit the required judicial affidavits and exhibits on time shall be deemed to have waived their submission. The court may, however, allow only once the late submission of the same provided, the delay is for a valid reason, would not unduly prejudice the opposing party, and the defaulting party pays a fine of not less than Pl,OOO.OO nor more than P5,OOO.OO, at the discretion of the court.

(b) The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing of the case as required. Counsel who fails to appear without valid cause despite notice shall be deemed to have waived his client's right to confront by cross-examination the witnesses there present.

c) The court shall not admit as evidence judicial affidavits that do not conform to the content requirements of Section 3 and the attestation requirement of Section 4 above. The court may, however, allow only once the subsequent submission of the compliant replacement affidavits before the hearing or trial provided the delay is for a valid reason and would not unduly prejudice the opposing party and provided further, that public or private counsel responsible for their preparation and submission pays a fine of not less than Pl,OOO.OO nor more than P5,OOO.OO, at the discretion of the court. http://sc.judiciary.gov.ph/admin%20matters/others/A.M.%20No.%2012-8-8-SC.pdf  

                                             Good  night everyone!!!!  

Global Climate Change and the Guardians of Planet Earth

Yehey!! I can feel again the sweltering heat of the sun and the sweet smile of Mr. Sun after the long torrential downpour last August 7, 8, and 9, 2012. I am thankful that our house was not affected by the disastrous effects of the knee-deep flood here in Manila (in some areas, it was almost neck-deep) brought about by the southwest monsoon. Nevertheless, as I sat comfortably before my laptop while enjoying the announced suspension of work among government offices and surfing the web during the whole rainy days, I asked myself whether these scenarios which we experienced these days were the ill-effects of climate change or the same had something to do with our lack of awareness or sense of responsibility as individual citizens of planet Earth. 

Upon staying my eyes glued over the pictures of flood in the cyberspace, I could not help but think of the prevailing global climate change and its adverse effects to fellow countrymen and beloved country Philippines. 

Courtesy of talakayankalusugan.com

  Indeed, our country is replete with various environmental laws to combat climate change in compliance with the 1992 United Nations Framework Convention on Climate Change. In fact, in 2001 as an offshoot of the country’s ratification on the said Convention, the Philippine Senate enacted Republic Act No. 9003 otherwise known as the Ecological Solid Waste Management Act to address climate change and encourages community members, local government units, non-government organizations, and other stakeholders to ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste and to adopt waste minimization measures and the best environmental practice in ecological waste management.

Courtesy of ph.news.yahoo.gov

However, in spite of this, perennial flood problem in the country has continuously been a major issue every rainy season.  It has also often wreaked havoc to properties and even claimed lives of innocent men, women, and children, including those of animals. 

Courtesy of interaksyon.com  Yes, even animals should be rescued.

Every time we see these sad plights of our fellowmen –those who wade themselves in the sea of murky water and group of families who seek refuge to various evacuation centers  - we have to realize at the end of the day that the Planet Earth is not a recycle bin or a big trash can. We have to prime ourselves to initiate “Reduce, Re-Use, and Recycle” under the Ecological Solid Waste Management Act and sincerely cooperate in our own little way with the local government units and national government where we respectively belong by segregating solid waste into biodegradable and non-biodegradable matter and re-use or recycle the same into something new.

As guardian of Planet Earth, discipline is an essential ingredient in making this world a better place to live in. Protecting our environment is not the government’s duty alone; it is also our responsibility. “What can I do to help the government instead of asking what can the government do to us.” is a thought worthy to ponder on during this cold night.

Hmmm …. I’ve got to go netizens out there!! I can hear thunderstorms tonight heralding another heavy downpour and I think it is time to hit the hay. But before I sleep soundly in my comfy bed, I would like to say “Thank you” for finding time to read my thoughts in the blogosphere. 

It's More Fun In the Philippines

                

T

his is the new slogan of the Philippine’s Department of Tourism (DOT) for the year 2012 which encourages everyone both domestic and foreign enthusiasts alike to experience this wonderful opportunity here in my home country. I am really proud and happy to be a Filipino that I have given the blessing to embrace God’s wonder of nature and experience the fun and excitement here in the Philippines.



Stalactites and stalagmites


In the midst of economic meltdown that the world is experiencing, political turmoil, and dissension between and among nations in some parts of the world, there are still more reasons to experience fun, relaxation and joy within ourselves by transcending our mind and body to the wonders of nature around us. I am really a nature lover and would like always to appreciate the world around us, the environment, and the people who are considered stewards of these God’s creations. One can indeed experience fun and excitement in the Philippines for the following reasons, which I find worth sharing to all of you guys.

Fun and excitement in the Philippines is evident from the beautiful scenic spots that are truly worth experiencing. These include, among other things, Baguio’s Banaue Rice Terraces, Albay’s perfect cone-shaped Mayon Volcano and Talisay, Batangas’ Taal Volcano, Maria Cristina Falls, Bohol’s Chocolate Hills, and the recent official Seven Wonders of Nature – my favorite Palawan’s Subterranean Underground River which is considered as the longest river in the whole world, and breathtaking Pagudpud Island–a perfect get away from the hustle and bustle of the city, an ideal place for self-reflection and relaxation,  to name just a few. As one travels through the thicket of forest trees, exotic flora and fauna, pristine waters, and cool, fresh air, one can really say that God has His own ways of showering His blessings to His children on earth.  It takes a lot of introspection to re-examine ourselves and appreciate the beauty of our environment. In all instances, however, our appreciation of nature and environment cannot be measured not only by traveling to wonderful places but also taking steps towards environmental protection even in our own little ways.



The cave

It is our responsibility as citizens of planet earth to protect and safeguard the environment by taking active role in various programs and activities that are geared towards preservation and conservation of our environment in our respective areas of responsibility in our own home country. Thus, I firmly believe that the fun and excitement here in the Philippines does not only espouse the country’s tourism industry but also inculcates in our minds our sacred duty as citizens of Planet Earth to appreciate its wonder and ultimately protect and conserve the environment.



You can feel the fresh air while entering the river

The warm, hospitable, and friendly people comprising the 7,107 islands of my country is another reason that adds fun and excitement to the beautiful islands in the Pearl of the Orient Sea. Other than the beautiful scenic spots, the factors that naturally attract one’s interest and enthusiasm are the joyful heart, friendliness, hospitality, and unity among Filipinos. These unique characteristics serve as our springboard to remain steadfast in our dream to go beyond what is before us and to rise above all odds in spite of all the hardships and challenges we had to go through as a nation.

Of course, fun and excitement here in the Philippines will never be complete without the gastronomical welcome treats and the special delicacies of our respective provinces such as adobo, lechon, penakbet, laing, bagnet, so on and so forth. The list all of other mouth-watering good food is endless and I am pretty sure gourmet/connoisseur out there will surely love it (he..he..he..). It is especially significant to vicariously experience the fun-filled food tripping here for we are proud that every delicacy we have is peppered with our rich cultural history and unique tradition.

I am encouraging you all guys to find time to experience your own tourist destinations there in your home country before embarking or planning to visit other equally foreign beautiful countries. We are lucky we have given the earth’s bounty of nature manifested through these wondrous places in our respective countries. Hence, it is opportune time to appreciate all of them.



Lush green trees at Pagudpud



While you are exploring the beauty of your own country, don’t forget one time in your life to appreciate wonders of nature of other countries, too.  Even though some have not gotten the chance yet these days to travel outside our home country for economic reasons; however, these must not prevent us to appreciate the splendor and magnificence of the earth’s wondrous beauty, mesmerize to our domestic nature’s grandeur, experience the friendliness and warmth of our local folks, and enamored with the enjoyable taste of the food in the banquet.

For the foregoing reasons, I can truly say “It’s more fun in the Philippines.” According to ~St. Augustine, the World is a book, and those who do not travel have read only a page. It is indeed true that the priceless memories and unforgettable journey starts with one step of embarking to a new whole fun and adventure. I would like you guys to experience fun and excitement someday, too. Happy traveling!! Enjoy and be happy always.

 

Crystal Clear Water. It is also a nice place for windsurfing!!!

The Third Wave, the Supremacy of the Rule of Law, and the Leveling of Democratic Space

A 

s the minute hand of the clock above the wall of the living room inched toward twelve o’clock midnight, each ticking of the sound of the clock signals that another brand new day will start. Writing again in my blog after the long hiatus is quite exciting as it leads one’s minds towards self-discovery and reflection on the cheerfulness and promise of tomorrow. It is indeed quite good to think deeper during the silence of the night under the silver clear moonlight and twinkling little shiny stars above the night sky. While I am having my random thoughts in front of my laptop about some stuff on the different things around us, I cannot help but think of the wonders of the technological revolution our present generation is living through.  

 

We are lucky because in this fast-paced age of modern technology and information superhighway, everything would be just one mouse click away. Indeed, the world has changed for it successfully passed through the three different stages of revolution – from the agricultural phase to the information age, which is a full-proof of Alvin Toffler’s Third Wave.   The transition from the agricultural to industrial based economy which puts primacy importance to land, capital and other physical assets or factors of production paved the way to information age where there is an increasingly free flow and exchange of ideas in the marketplace. 

In the advent of electronic age and internet revolution, there was a considerable anxiety that the sweeping change in this modern-day era would lead to the end of human freedom, abolition of individual’s right to privacy, and perhaps state disintegration. Nonetheless, these predictions subside as the digital and electronic information superhighway transcends boundaries across time and space by demonstrating the opposite of the aforementioned anticipations. It has, instead, been an effective tool in espousing the libertarian spirit and leveling of the democratic space where each individual has the right to speak one’s mind and thoughts on issues that greatly affect them by using different platforms and social media. Globalization and the concomitant effects of internet revolution has propelled the worldwide recognition and promotion of human rights and strengthening of the international human rights’ laws as well as cooperation between and among state parties, international organizations and other similar institutions in the delivery of borderless justice. The recent concurrence of the Senate of the Philippines on the Rome Statute of the International Criminal Court of Justice was a development for the strengthening of human rights and the supremacy of the rule of law. 

In all cases, the Third Wave which we currently experiencing undoubtedly gives rise to the so-called e-governance never before been deciphered by our great political thinkers a long, long, time ago. The decentralization and the opportunity of our leaders to reach out for their constituents at the grassroots level through innovative ways of doing things facilitates the two-way street of communication between the central and the periphery as well as responding to the needs and demands of the governed. I just wonder if we have Time Machine that could transport us to and from the past, present and future and share the bountiful wonders of Facebook, Twitter, Myspace, Multiply and other social networking sites to our great, great forefathers. If there could have been other platforms of communication during World War I and II, leaders of great nations would be able see themselves in the sea of understanding. Indeed, if only we can see the future, we can be much happier and feel more fulfilled because we can do something to make things better. 

The freedom of expression guaranteed under the 1987 Philippine Constitution which springs from our natural inherent right as an individual is indeed priceless.  John Stuart Mill,[1] however, reminds in his Liberty, that the liberty of the individual must be, thus, far, limited; he must not make himself a nuisance to other people. Pope Leo XIII[2] Libertas Praestantissimum (1888) on Human Liberty emphasizes that true liberty of human society does not consist in every man doing what he pleases, for this would simply end in turmoil and confusion and bring on the overthrow of the state. He espoused then the necessity of obedience to the supreme and eternal law, which is on the authority of God, commanding good and forbidding evil. 

As we reap the wonders of technological revolution brought about by the Third Wave, the foregoing principles from our great political thinkers reverberate continuously. It echoes the same reflection that in the exercise of our fundamental human rights as citizens of a democratic and republican state we have always the social responsibility to obey and respect the supremacy of the rule of law.

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[1] Curtis, Michael. 1981. The Great Political Theories: The New Expanded Edition.

[2] Ibid

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