Friday, August 29, 2008

Greenpeace Strikes Again!

In its pursuit to keep our precious environment safe, I thank GreenPeace Southeast Asia for holding a local government, perhaps with notable particularity of the one in Angono, to its promise of closing its open dumpsites once and for all.

If anyone would clearly scrutinize their efforts, among the 713 open dumpsites in the Philippines,* Angono was fortunate enough to be singled out as the primary focus of the infamous environmental group in terms of targeting failed local government waste management, a fact that many in Angono ought to appreciate. Mind you, if one checks its website,** its Angono article is in the front page while no other news pertaining to the rest of garbage problems of local governments in Southeast Asia is featured!

Talk about being exclusive! I dare anyone accusing the renowned environmentalist group of being arbitrary to speak out, or else become the next target of the green wrath.

On the other hand, if it is true that a promise was made to close such open dumpsite within six months, I have to say that such promise must be kept. For if one cannot abide by a promise, it is better not to make one! It is stated above that one Lea Guerrero of Greenpeace Southeast Asia obtained a promise from the local government executive of Angono and was only trying to hold such official accountable to its promise.

As an organization, Greenpeace can neither be faulted for not understanding the appropriation/ funding issues surrounding such promise to solve a looming environmental crisis nor can it be expected to understand the slowness of government action for it only understands a promise to commit action; after all, it is unthinkable that they are politically motivated or influenced by those with political motivation. For if they are, then I am more than happy to write something about this particular organization who is supposedly protecting our precious environment.

Nonetheless, the fault lies on the one who made the promise, if it was made, that is.

Idealists do not daudle with politics nor should they interfere in it unless for the common good. By holding elected officials to keep their promise of preserving the environment, Greenpeace ensures that the people of Angono are being given an environment that promotes its well-being.

As one who is from Angono, I am heartened that Greenpeace South East Asia is giving Angono its full attention and thus, showing its concern for its residents. But I pray that it will not stop in Angono; after all, it has the whole South East Asia to worry about.


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* - "Govt eyes use of floating garbage landfills in RP," 2008.
http://www.gmanews.tv/story/105537/Govt-eyes-use-of-floating-garbage-landfills-in-RP

** - Greenpeace Southeast Asia
http://www.greenpeace.org/seasia/en/

Thursday, August 28, 2008

Candidates, Commercials, and Indecision



Professional politicians are so predictable.

They will try everything, as in do anything, and stoop so low to achieve their ultimate goal - power, fame, and if they can manage it, wealth.

Sure, they may seek political power to do what is the best for the people i.e., the common good; but in pursuit of acquiring power for the good of the many, is it justified for them to break laws that preserve order in society, to curtail our civil liberties and set aside the principles of human rights, or even pay, not of their own, but with the precious lives of our fellow men?

In deed, in this case, "the end justifies the means."

Moving on, by saying "professional," I mean those who have been so used to the machinations of traditional politics, who not only know what gray portions of the law that needs to be circumvented and tweaked to increase their chances of being elected, but also present their image as law-abiding citizens serving the republic, while making a living through private advertisements, perhaps in order to boost their campaign war funds; or worst, they do so in order to provide themselves a chance of an early election campaign in a country where fame, looks, and appearance may be enough to get a candidate elected.

If I am not mistaken, as of current, the law is vague as to whether appearing in media advertisements for the purpose of private gain may be deemed as violating the Philippine Omnibus Election Code which prohibits "early campaign activities."

Article 9, Section 80 of the Omnibus Election Code states:

Election campaign or partisan political activity outside campaign period. - It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period: Provided, That political parties may hold political conventions or meetings to nominate their official candidates within thirty days before the commencement of the campaign period and forty-five days for Presidential and Vice-Presidential election.

Hence, the legal issue at hand is whether media advertisements intended for commercial gain may be considered "election campaign... activity outside the campaign period" if public officials with aspirations to seek elected political offices became involved (thus, appeared in an advertisement to the public to support or encourage a particular product).

But even if it such were not the case, shoudn't those government officials, free as they may be to engaged in any activity that may increase their living, be afraid that may they trample laws that keeps our elections fair, free, and untainted by illegal or even unscontitutional acts?

Through this, one can see the inevitable opportunistic aspect of any politician, of which the measure of aspiration is proportional to the level of public office a politician aspires to hold.

The Inaction of the COMELEC

In this article, I would also like to criticize the inaction of the COMELEC to make a decision regarding the question put forward by Senator Miriam Santiago. It is plain enough that as an electoral constitutional commission, the COMELEC is empowered and is duty bound by the Philippine Constitution to decide matters regarding the enforcement of election laws and due to its quasi-judicial function, interpret to a certain extent the scope and application of election laws.

Even if a decision of the COMELEC was found by the Philippine Supreme Court, acting as an appellate court that may choose to intervene when a constitutional issue arises, as ultra vires, to have erred would have been better; the ramification of failing to act lies not only in the non-establishment of legal precedents emanating from the COMELEC as an independent constitutional body regarding such particular issues in question; but more so, in its potential exposure to the notion of being a weak and irrelevant public office due to its inaction and thus, the danger of losing its significance in the eyes of the public.

It is better to have tried than do nothing; for in trying, the virtue of courage and intent is becomes apparent. But to not have tried and thus to have erred not at all implies the notion of inaction, an act unworthy of decisive political action, however prudent it may be.

Thursday, August 21, 2008

A Farewell Tribute to a Renowned Angono Muralist

My condolences to the family of Jose "Pitok" Blanco, native of Angono, and beloved folk muralist who may be said as a master painter after Angono's heart.

Famous in executing murals depicting the everyday life of the town he so loved when farming and fishing were still Angono's main source of livelihood, Blanco had proven his devotion to his beloved town through a vast collection of paintings celebrating the extensive storyline scenes of the life of Angono fishermen and farmers, and pivotal moments of Angono such as the burning of Angono during the Second World War, and the now famous Fiesta de San Clemente.

Without a doubt, Jose "Pitok" Blanco belongs to a select few among the great number of artists in Angono. It must be noted that most of his offsprings were indeed skilled painters themselves; his life was a testament to the path he was chosen for: to excel in the arts and to remind his fellow townsfolk to cherish a way of life so dear to him, a lifestyle which defined Angono ancestors' long forgotten ways, embodied by the simple but fulfilling life of once a upon a time Angono of the past.

Indeed, by reminiscing days long past, Jose "Pitok" Blanco had left an imprint in Angono; it is an imprint which encourages us to look back to our past as a guide to an ever-changing, growingly indistinct, and globally-connected future, in order for us to discover what makes us unique, as individuals and as a community, in this ever-shrinking world.

As one who claim belonging to Angono, it is with deep sorrow that I write this article but with solemn determination to give due credit and honor to one of its most outstanding citizens. His pursuit in the arts ought to be acknowledged as having considerably contributed to bringing our beloved town of Angono in its current place of renown as a town blessed in the arts.

We will miss our beloved master painter but none the less state that the works of arts he had created throughout the years of his life and the dedication he had shown in the arts will remain in our memories long after he has gone beyond the boundaries of his beloved town.

Farewell, native son of Angono. May you rest in peace knowing that you will always be remembered by those who know and love Angono by heart.

Saturday, August 9, 2008

Territorial Conflict in Southern Philippines - a Constitutional Perspective

There are those that think that the ancestral domain issue surrounding the conflict between the Philippines and the Moro Islamic Liberation Front (MILF) is an issue that could be solved in a mere decade. In 1996, after more than 20 years of armed conflict which claimed the lives of hundreds of thousands, the Philippines signed a peace agreement with the Moro National Liberation Front (MNLF) - the largest seccesionist group of its time - through the constitutional provision of creating the Autonomous Region of Muslim Mindanao (ARMM).

It is good to remind those who want to rush the peace agreement between the Philippines and the MILF that the agreement between the Philippines and the MNLF has not yet been fully accomplished, but none the less the two sides had decided to deal with concerns regarding the implementation of the provisions of the agreement peacefully through the Organization of Islamic Conference (OIC), a global organization of islamic states, in which the MNLF has full observer status.

As a breakaway group of the MNLF, the MILF has been demanding recognition of their ancestral domain rights in southern Philippines and has decided to continue the armed struggle until the issue of the ancestral domain has been agreed upon by the two sides. There is constant fear in Christian villages near the territory under MILF control due to the intrusion of armed MILF combatants, which claims that those villages where once under Moro control. The cycle of violence seems relentless and the cessation of armed conflict impossible until the issue of territorial claim is resolved.

Such escalation may well be the effect of the growing inability of the MILF to control its rogue elements, which after more than a quarter of a century of waiting, I think may resort back to the means of a bloody struggle in pursuit taking lands that they consider as their ancestors and thus, theirs.

Foreign offers of mediation adds to the possibility of peace to a certain extent, but is plainly questionable as to whether it is effective in sorting out the critical issue of ancestral lands. An offer to mediate made by the United Kingdom (UK), through its experience in Northern Ireland and with the Irish Republican Army (IRA), may have been very helpful on the on-going negotiation.

Although I think it is more accurate to state such conflict as mere sectarian, that is, the conflict between Catholics and Protestants within the Christian religion and more appropriate if compared to the conflict between the Shi'ite and Sunni of the Muslim religion, the offer is nonetheless welcome, if it meant additional monitoring teams that would ensure the implementation of agreements and ceasefires.

From a constitutional perspective, on the other hand, one must be reminded that the concept of parliamentary supremacy enables the British government tremendous negotiating capacity (unless opposed by the electorate) while constitutional restraints imposed upon the three branches of government in the Philippines limit the Philippine government's ability to negotiate or agree with the terms of peace.

The Philippine Constitution prohibits the creation of political entities equal to the notion of a state within the national territory of the Philippines, and thus the negotiators of the Philippine government are wary of making agreements infringing upon or inconsistent with constitutional mandates protecting the national territory; ergo, the Philippine government does not want to pursue an agreement that cannot withstand a constitutional veto through a congressional non-concurrence or a judicial review.

If foreign governments and international institutions desire to mediate and establish peace in the Southern Philippines, I pray they consider the constitutional restrictions imposed upon government negotiators and realize the seriousness of seceding a part of the national territory. They ought to remember that the issue here does not only involve transfer of power but the crucial issue of territory, and sovereignty. Section 7, Article II of the Philippine Constitution states that

the State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

The Philippine Constitution does not provide for the Philippine government to give up its territory but only allows it to establish autonomous regions in so far as giving regions greater amount of independence from central government control. Proposals which include the notion of sovereignty or peaceful transfer of territory is inimical to the constitutional mandate of preserving the territorial integrity of the state.

The Constitution simply does not allow a constitutional secession of territory. Either the two sides agree to autonomy or wait for a constitutional change or resume armed conflict.