The Age of Brillig

Notable Living Pinoys Older Than Enrile

2010-08-27T10:38:00.004+08:00

The Philippine Senate recently elected Sen. Juan Ponce Enrile (born February 14, 1924) as Senate President, adding fuel to the Enrile-is-old meme. Yet there are a number of living Filipino notables who are older than Enrile. Some, like Fr. James Reuter, have retired from public life but others such as Senator Jovito Salonga and Ambassador Alfonso Yuchengco are still quite active.

Dr. Fe del Mundo (98), pediatrician and Ramon Magsaysay awardee.
Helena Benitez (96), Senator from 1968-1973, educator
Lorenzo Relova (94), Supreme Court Associate Justice from 1982-1986, Ateneo Law School professor
James Reuter, S.J. (94), American-born Jesuit priest, educator and media personality.
Eva Estrada Kalaw (90), Senator from 1965-1972, 1986 vice-presidential candidate
Jovito Salonga (90), Senator from 1965-72, 1987-1992, Senate President & presidential candidate in 1992
Josefina Constantino (90), literary critic and academician, later joined the Carmelite order.
Araceli Baviera (90), legal academician, longtime UP College of Law professor
Eddie Garcia (89), actor-director, won a total of 14 FAMAS awards for acting & directing
Washington Sycip (89), founder of Asian Institute of Management & Sycip Gorres Velayo
Abraham Sarmiento (88), human rights lawyer and Supreme Court Associate Justice from 1987-1991
Ameurfina Melencio Herrera (88), Supreme Court Associate Justice from 1979-1992.
Mona Lisa (88), actress whose career spanned 70 years.
Alfonso Yuchengco (87), tycoon & diplomat
Mila del Sol (87), actress who starred in enduring 1939 film Giliw Ko
Baby Dalupan (86), basketball coach, won multiple championships in collegiate and professional level
Carolina Grino-Aquino (86), Supreme Court Associate Justice from 1987 to 1993.

Additions to the list are welcome, just post at the comments section. For example, there is no known death date for boxer and 1932 Olympic medalist Jose Villanueva, he would be 97 today if he is still alive.

Philippine Supreme Court Now on Twitter, Facebook

2010-07-06T20:37:00.003+08:00

The Supreme Court of the Philippines has opened its own official Facebook and Twitter accounts. Check out my blog post at Law Innovations for more details and observations.

Free Guide to Automated Elections from the UP Law Center

2010-04-27T16:32:00.003+08:00

Amazing public service work from the U.P. Law Center Institute of Government and Law Reform. They've produced a 125-page Handbook on Automated Elections, Canvassing and General Election Monitoring, available as a free download (in PDF). Their website provides a useful overview:

The Handbook covers a comprehensive discussion of all phases of elections—pre-election (Board of Election Inspectors, Watchers, Ballots and other election documents), election proper (Casting and Counting of Votes), and post-election (Canvassing, Pre-proclamation Controversies, and Election Contests). It also integrates a discussion of the various acts that constitute election offenses in these three stages, in order to aid election monitors to properly identify and promptly act to report these matters to the appropriate authorities

It is as user-friendly as advertised, accessible to non-lawyers.

If Manny Pangilinan's Speechwriter Stole From Lesser Celebrities...

2010-04-05T00:04:00.010+08:00

Thank you very much.

It’s great to be back here at my alma mater to share this special day with you that commemorates the culmination of years of effort and sacrifice. I thank you all for taking the time to listen to me and I promise to follow the advice a classics professor once gave a commencement speaker: “Pretend you’re Socrates on trial in Athens”, he said. “Be clever but be brief or everyone’s going to be thinking, “What that know-it-all needs is a cup of hemlock.”

The purpose of a ceremony, like today’s, is to slow things down and give us a moment to reflect. It gives you perspective, helps you understand what's important and what's not.

Looking out into this beautiful crowd, I see our nation's future. Despite all of the difficulties that confront our world at the moment — and they are many and varied — despite all those difficulties, I am confident about the future. It has seemed to me that in many areas of society, it's a common belief that progress will happen naturally, on its own, and that as time goes by things will change and are changing for the better. Your generation is coming of age with greater idealism, and just in time.

All too often, we follow people simply because they have commanded us to follow; they prompt us to put aside our doubts because they are decisive and because they are so sure they are right. Well, there will be times when you will feel betrayed. We see the lies, we see the obfuscation, the deception. Those days hurt. We still wait for answers; we may never get those answers. But you, you have met the challenges, overcome the obstacles, played the right hand and now you are prepared to enter the game. Learn to see hats of chicken feathers as crowns in disguise. A peach is not its fuzz, a toad is not its warts, a person is not his or her crankiness. Not a bad metaphor for life.

Strive for success and remember you won't get what you want unless you want what you get. Success in life, with all its hot competitions, is rather a contest like some of the games of Olympia and some of the athletic feats of our own times in which the swifter runner or the more skillful oarsman may win the prize, but there are honors and cheers, there are places and rewards for those who fail in securing the supreme positions. Don’t be lulled into the complacency of accepting a future or path that’s just okay and mediocre. But to choose well, you must know who you are, what you stand for, where you want to go and why you want to get there.

Live in the solution, and may God bless you all.

Teaser Ads for Law Innovations MCLE Series

2010-03-02T14:59:00.002+08:00

I'll just shill some for my other venture. See the following teaser ads.

More about Law Innovations and its MCLE series here.

Bill Simmons Finally Falls for Manny Pacquiao

2009-11-28T21:24:00.002+08:00

For years, America's most popular sports writer, ESPN's Bill Simmons, had been noticeably reticent about Manny Pacquiao. Not anymore. From his November 26 mailbag column:

...I made the decision during Pacman's glorious evisceration of Miguel Cotto that he finally had reached the exalted "I Don't Care Who You Are Fighting, I Am Watching It Live & That's That" status, which puts him in the following company: Ali, Sugar Ray Leonard, Tyson. My own personal Mount Rushmore. Pacquiao hit Tiger/Federer status about a year ago, and nobody cared. That's why he needs the Mayweather fight so badly. We've seen dominant pound-for-pound guys these past two decades, but nobody with finishing power anything like what Pacman has. He's like a coked-up Aaron Pryor, only without the coke. Insane. If he's fighting, I am watching.

What the Supreme Court Said in 2004 On Distinction Between Secular & Religious Morality

2009-11-21T16:54:00.003+08:00

Our landmark ruling in Estrada v. Escritor emphasizes that in determining whether the acts complained of constitute "disgraceful and immoral behavior" under the Civil Service Laws, the distinction between public and secular morality on the one hand, and religious morality, on the other should be kept in mind. The distinction between public and secular morality as expressed—albeit not exclusively—in the law, on the one hand, and religious morality, on the other, is important because the jurisdiction of the Court extends only to public and secular morality. Thus, government action, including its proscription of immorality as expressed in criminal law like concubinage, must have a secular purpose.

[A]ny judicial pronouncement that an activity constitutes "disgraceful and immoral" behavior under the contemplation of the Civil Service law must satisfy the test that such conduct is regulated on account of the concerns of public and secular morality. Such judicial declarations cannot be mere effectuations of personal bias, notably those colored by particular religious mores. Nor would the demand be satisfied by the haphazard invocation of "cultural" values, without a convincing demonstration that these cultural biases have since been recognized and given accord within the realm of public policy. The Constitution and the statutes of the land would serve as especially authoritative sources of recognition, since they are irrefutable as to what the public policy is. At the same time, the constitutional protections afforded under the Bill of Rights should be observed, to the extent that they protect behavior that may be frowned upon by the majority.

Concerned Employee v. Glenda Mayor, A.M. No. P-02-1564, 23 November 2004, 443 SCRA 448 (emphasis supplied, citations omitted)

On Noynoy Aquino's First Online Press Conference

2009-11-10T20:57:00.005+08:00

Noynoy Aquino held this morning what he said was his first ever online press conference - by online meaning he was at his Times Street home, we were in a conference room in Makati, and the twain met eye to eye in real time, through (wait for it...) “the magic of the internet”. This chance for direct interaction with the Senator was offered as the opening quarter for what essentially was a conference call between Noynoy's team and some members of the media (including Howie Severino, Carmela Fonbuena, and Ellen Tordesillas), staged to preview the Aquino campaign's cyberspace strategy this forthcoming elections. Not being a media professional, I was quite surprised to be there (through the good graces of Gang Badoy and RockEd Radio, I'm a part of its Rethink Media Source group). It was my first ever event of this sort, my first ever opportunity to ask questions to a leading presidential candidate, I did have that disorienting experience of realizing mid-sentence that the words I had just uttered made no grammatical sense. But I was less nervous than I should have been, thanks to having learned just before the conference started of the Phoenix Suns' come-from-behind victory over the Sixers. (81-1 baby!)

So the event was divided into two neat halves – Noynoy's mini-press conference (about 15 minutes long), and the preview of the Aquino campaign's online strategy. Those who have adapted the mantra of “platform, platform!” will be more interested in the first half than the second, but let's not give short shrift to the latter. Played out properly, an innovative effort on cyberspace by Noynoy could have the opportunity to change the dynamic of Philippine electoral politics even if his presidency ends up one like the others. In homage to 500 Days of Summer, we'll rebel against linear chronology and make the second part the first part. I'll get to his answers in a while. If you can't bear with me, scroll down.

The Internet is hardly the most pervasive medium in the Philippines – television is, and the Aquino camp concedes that. Still, they hints at staging the first Philippine cyberspace political campaign “that is reality-based”. The resource speaker the Aquino campaign sought for the conference, Donald Lim (CEO of Yehey), observed that the Internet presence preferred thus far by local political candidates has been passive – using the Internet as just another media platform for advertisement. The promise was offered for a more interactive campaign, one where voters had the opportunity to mix with the candidate and her/his team. There were predictable repeat allusions to the Obama campaign, and the level of online engagement utilized by the Democrats in 2008 with their supporters. It is clear that the Aquino camp is looking intensely at the Obama online model for co option to a Philippine setting. ~~(It remains to be seen though whether Noynoy intends to raise funds online as Obama did.)~~ The campaign has in fact launched a website that facilitates online donations by Filipino citizens "to support volunteers of Noynoy Aquino".

The promise of an interactive campaign also holds out the promise of an interactive presidency, one where a citizen need only type away on the computer to directly submit grievances to the President and her/his subordinates and expect a prompt response, one where the inner workings of government are demystified online so as to allow for greater interrelation between the leader and the led. Greater interaction leads to greater accountability, avoids the prospect of a President locked up in an ivory tower, and minimizes that psychologically destructive tendency to mistrust our leaders. Any netizen may attest to the level of vitriol in political debate engaged online, with its the copious use of swear words strung together in unprecedented fashion. A politician will find much comfort when banished from the Internet. Yet a candidate who is willing to embrace the Internet rather than shunning it or dealing with it in token fashion will more likely be a leader who is stable enough to face the critics, a leader gracious enough to be responsive to the concerns those citizens she/he leads who did not vote for you, will never vote for you, and maybe even actively despise you. The current presidency is one which has retreated into a bubble inflated by yes men, and it is that cocooning which has secreted it from a current popular mandate. If the Noynoy campaign is able to provide a truly interactive campaign, and correspondingly, an interactive presidency, the model may well take hold to the extent that future candidates who refuse to allow for a similar dynamic will be denied the chance to lead.

The efforts so far by Noynoy's campaign for online interactivity are still in genesis. There is an ongoing design-an-avatar contest, and a wicked smart “yellow parol” meme to be launched this week that will surely go viral in the Philippines. There are of course the requisite official website, Facebook fan page, Twitter and Multiply accounts and even still space on Friendster, although these venues can only offer as much interactivity as their overseas-developed platforms can allow. Most interestingly, the Noynoy camp has engaged a videographer to follow the candidate around and promises a daily vlog ("60 Seconds With Noy"). We were previewed the first three of these vlogs (the first set is to run from today until November 27), and they were engaging enough, but not much different from the 60-second TV ads we have become accustomed to – none yet of the cinema-verite vlogs some politicians abroad have taken to.

One more interesting point on the online campaign. The relationship between online campaign activity and our pre-Internet campaign laws (which prohibit campaign activities prior to the official campaign period) remains murky. We were told that upon advise of their lawyers, the Aquino campaign will defer from online interaction with the voters from the time Noynoy files his certificate of candidacy (planned for November 27) until the start of the official campaign period on February 9, 2010. This may lead to the taking offline of the websites they have posted so far, maybe even suspending Facebook and Twitter activity. This prospect would inevitably diminish the interchange of ideas vital to a substantive election campaign, though the solution may require some legislative updating of the Omnibus Election Code. However, one intriguing question given the nature of viral activity is whether a candidate's sympathizer who is not affiliated with the campaign could be held liable for any online advocacy in support of a candidate. The 1992 Supreme Court decision in Adiong v. COMELEC, which struck down a ban on campaign stickers and decals pasted on vehicles on grounds of free speech, may be cited to bolster the cause of private citizens unaffiliated with candidates but desiring to engage in an online campaign on their own, though it is unclear whether an argument premised on that ruling will succeed.

Noynoy's answers.

The time allotted was sparse, fifteen minutes (we were told he had to attend a meeting). We were told that the Senator was to dwell on the theme of the online campaign, and nobody present was able to wildly deviate from that theme. No questions about Luisita, for example. Noynoy was asked what message he intended to convey with his recent star-studded network-diverse MTV. In response, he mentioned the need for the country to go back into the light, going back to where we should be, “ibalik ang tama”. That ad was totally alien to my own personal sensibilities, but I didn't mind it that much, knowing that I was not the target market. (After Noynoy went offline, it was mentioned that the MTV was actually a gift to Noynoy from Kris Aquino and Boy Abunda.)

Noynoy was asked on whether he was willing to utilize the Internet to provide greater transparency to his government, such as by posting online Statements of Assets and Liabilities or visitor logs to Malacanang. He replied that he was ready to consider that possibility, even work with Congress for possible remedial legislation to let that happen, but at the same time, do so within reasonable limits to avoid abuses. I sensed he had in mind partisan fishing expeditions.

Then, a question on the right-to-reply bill. Senator Aquino noted that the bill itself on its face was reasonable, that it would provide an antidote for figures victimized by unscrupulous smear campaigns. He alluded to the Holmes dictum that one didn't have the right to falsely shout “fire” in a crowded theater, and the Spidey-like truism that with rights (i.e., free speech) comes responsibilities – a notion that probably goes without saying but at the same time brings up uncomfortable allusions to Article V of the Marcos Constitution. Still, according to Senator Aquino, he recognized the concerns of the media over the right to reply bill and how it might dictate editorial policy, and said that compromise accommodating these competing concerns would be necessary. When asked whether he supported extending the coverage of the right-to-reply law to bloggers and non-journalists, the Senator reiterated his previous answer, giving me the impression that he did not believe there to be any material distinction between media professionals and other folk when it came to right-to-reply. Then, Ellen Tordesillas commented that a right-to-reply bill had already been voted upon by the Senate, and asked whether Noynoy had voted for or against the bill. Noynoy replied that he could not recall how he voted on the bill, that he would have to check the record on that. He explained that at that time, there had been numerous pressing matters being considered by the Senate, and he did not pay that much attention to right-to-reply as he thought it as “a secondary concern”.

I've written before about my utter disdain for right-to-reply, so I'll dwell on this issue now. I'm ready to give Senator Aquino the benefit of the doubt that he is unable to recall how he voted on right-to-reply. Even at my age, I tend to forget stuff for which I have little or no passion for. Yet even that possibility is distressing. I understand that right-to-reply is not an issue that puts food on the table, or even one that has resonance with the public at large. Yet the concerns surrounding it are systemic to our democratic way of life and the Constitution that safeguards it. To live under a democracy means not having to second-guess basic interpersonal activities, and talking about other people is an essential part of the primordial human dynamic. The imposition of the right-to-reply requirement, extending as it would to every person in the Philippines, inhibits not just free speech, but free interaction. Some of the complaints that have led to its proposal – i.e., smear campaigns and black propaganda – are already remedied by our laws on slander and libel, the interpretation of which has been aligned by jurisprudence to conform to constitutional standards. I understand the short-term gains, especially this campaign season, that right-to-reply would afford to political candidates, especially those under well-funded partisan coordinated attacks implemented through journalists. Still, there is no legal demand for media to remain bias-free, and even if popular demand swells for legislative implementation of a just-the-facts media culture, the Constitution is compromised.

Is Senator Aquino's views on right-to-reply a deal-breaker for me? Nope. I've conceded that throughout my life, there will be candidates I vote for who hold some views with which I may not agree and I'll live with that since I have no passion or intention for running for office myself. In the case of Noynoy, it matters to me that his political immersion came during the time of totalitarian rule and the democratic corrective that followed – on the right side both times. His instincts, I trust, remain on the side of democratic rights, and his views on right-to-reply may well be a sop to active realities that have impeded him and his political associates. The candidate whom I sort of spoke with today is a comforting presence, now blessed with an easy fluency shorn of the overly-rehearsed cadence that died with William Jennings Bryan. Without need of stagecraft or slogans, I can see him easing into a paternal presence which the Filipino people can favorably respond to. This sort of easy-to-have-a-beer-with dynamic can be dismissed as mere optics, yet interpersonal comfort is integral in building trust. And after the last two administrations, I long for a President I can like and can trust in knowing that she/he will prioritize the national welfare over personal gain.

I still haven't decided whom I'll vote for, even as I'll admit that as of now, my gut is slowly being conditioned into assuming that Noynoy Aquino will be our next President and that I don't mind that prospect. What happened today did not change my basic philosophical attitudes towards the Senator, save for that natural goodwill that occurs after having some pleasant interaction with a person whom you had previously encountered only by reputation. I still want him tested by the crucible of the forthcoming political campaign – facing not evading the critics and enemies, dealing with whatever crisis that may arise. That way, we will get a better sense of how he might govern us and from there, make a more informed choice. Greater interactivity offers a clearer lens into the mind and motives of our prospective leaders, and I am pleased that based on today, the Aquino campaign is ready to provide us with that chance.

Bonus materials: here's Senator Aquino's first vlog, and it is quite appealing.

Plugging Lang: 2009 UP Law Grand Alumni Homecoming

2009-11-07T10:17:00.001+08:00

Quoting verbatim from the message I received:

The Silver Jubilarian Class of 1984 is inviting fellow alumni to the 2009 U.P. Law Grand Alumni Homecoming to be held on Thursday, 19 November 2009, at the Rizal Ballroom of the Makati Shangri-La Hotel, Ayala Center, Makati City. Registration will start at 6:00 p.m.

Class 84 is exerting every effort to make this a truly memorable evening of warmth and laughter. There will be an exhibit of paintings of U.P. Law alumni by Atty. Antonio “Tony” M. Meer, U.P. Law Class 1950 (cum laude) and Chairman Emeritus of the U.P. Law Alumni Association, Inc. In addition, Class 84 is also publishing a commemorative book, to be named “Malcolm”, which will be distributed at the Alumni Homecoming.

The evening’s guest of honor will be our beloved Professor Araceli T. Baviera. Dean Marvic M.V.F. Leonen will officially launch the run-up to the Centennial Celebration of the U.P. College of Law in 2011. He will briefly present to the U.P. Law Alumni the Centennial Projects which are now in the pipe line. The master of ceremonies will be the very talented Mr. Willie Nepomuceno.

The short program will also feature the Golden Jubilarian Class of 1959, followed by music and dancing with the Spirit of ’67 and the Brass Munkeys.

Tickets cost PHP 2,000, inclusive of dinner and entertainment, and can be purchased from the Dean’s Office at the UP College of Law.

Could COMELEC Officials Be Jailed 1-6 Years For Not Extending Voter Registration Beyond October 31?

2009-10-30T17:16:00.004+08:00

Voter registration in the Philippines end tomorrow, 31 October, despite complaints that not all eligible voters desiring to be registered have accomplished the process. The suggestion has been raised that ending the registration period on 31 October, or 181 days before the 10 May 2010 elections, is illegal.

The Voter Registration Act of 1996 (Republic Act 8189) governs voter registration in the Philippines, and Section 8 establishes the period for such registration. I'll quote the provision in full.

Section 8. System of Continuing Registration of Voters. The personal filing of application of registration of voters shall be conducted daily in the office of the Election Officer during regular office hours. No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election.

The explicit provision of law provides for a general rule -- the daily filing of applications for registration during regular office hours; and the exception -- no registration starting 120 days before a regular election, or around 20 December 2009 with respect to the 2010 elections. It thus appears that prohibiting a would-be voter from filing an application for registration before 20 December 2009 violates the Voter's Registration Act.

Lawyers are familiar that agencies tasked with implementing the law, especially the COMELEC with respect to election laws, are accorded discretion and leeway and performing their functions. I'm quite sure COMELEC has a justification for suspending voter registration after 31 October, and its reasons may actually be sensible. However, there is a particular hitch regarding the Voter's Registration Act.

Section 45 of the Voter's Registration Act enumerates what consists of election offenses, which under Section 46, is punishable with a 1 year minimum prison sentence (6 years being the maximum). Section 45(j) is of particular interest:

Section 45. Election Offenses. - The following shall be considered election offenses under this Act: xxx

j) Violation of the provisions of this Act.

Yup, the violation of any provision of the Voter's Registration Act, including Section 8 on the voter registration period, is considered an election offense, punishable by a prison term. The definitive Supreme Court ruling interpreting this provision, Romualdez v. COMELEC (decided by a 9-6 vote in 2008), tends to support that view, even in the face of the argument that not every provision of the Voter's Registration Act can be deemed the source of an election offense. The majority opinion had this, among others, to say:

As structured, Section 45 of Republic Act No. 8189 makes a recital of election offenses under the same Act. Section 45(j) is, without doubt, crystal in its specification that a violation of any of the provisions of Republic Act No. 8189 is an election offense. The language of Section 45(j) is precise. The challenged provision renders itself to no other interpretation. A reading of the challenged provision involves no guesswork. We do not see herein an uncertainty that makes the same vague. (emphasis supplied)

A major caveat. The Romualdez case involved the violation of different provisions (Sections 10[g] & [j]) of the Voter's Registration Act, and not Section 8. If violating Section 8 of the Voter's Registration Act is ultimately found to indeed be an election offense, then so could the more innocuous provisions of the act, including the routine acts performed by those registering to vote, a prospect that could very well be exploited to no good by political campaigns. If you are to read the Romualdez case, might as well read the two dissenting opinions here and here, as well as this UST law journal article (PDF) on the constitutional issue surrounding that case.

How to Compensate for Donor Fatigue (in Pepeng relief)

2009-10-11T12:18:00.001+08:00

The aftermath of Typhoon Ondoy ("Ketsana") saw an extraordinary demonstration of the charitable spirit of Pinoys around the world. Few hesitated to dole out donations in cash or kind, many others sacrificed time off their school or professional lives to volunteer in relief centers. The sort of exhibition that evokes genuine pride in what we can accomplish as a society. However, just as life was seemingly settling back to normal, the dire news started to trickle down from Northern Luzon. Typhoon Pepeng ("Parma"), which had frazzled Metro Manila into a state of mild panic last October 2 before veering north, had apparently left a toll more severe and comprehensive than Ondoy. Even more homes were damaged, more families forced to resettle in evacuation centers, more people were killed.

From my Metro Manila vantage point, it is clear that the groundswell of charity that built up post-Ondoy has yet to emerge to support the victims of Pepeng. Some have opined on various social media that this is proof of the Manila-centric nature of the metropolis's residents, but I think that donor fatigue is a more significant problem. Hesitate as we may to admit so publicly, many of those who have given time, money and possessions after Ondoy would instinctively not be as ready, when asked, to share a comparable load just one week later for the victims of Ondoy. I've already donated all I could spare; I've already earned enough karmic badges. For the overwhelming majority of Filipinos who do not aspire to sainthood, there are limits to the extent of self that can be shared for others, and those extant limits may have been already extended after Ondoy. That is not an endemic flaw of the Filipino as a people, but merely part and parcel of human nature.

Those facts, of course, are of cold comfort to the victims of Pepeng, who need aid and assistance more than ever. I think that to satisfy the needs of the victims of Pepeng that can be supplied by charity, more subtle and indirect means to raise funds for them should be devised.On the premise that people now may be resistant to give as much for Pepeng when directly implored, the solution may be to raise these funds without directly soliciting them from individuals. For this to work, the aid of institutions is of essence.

Take for example the Catholic Church, which on ordinary Sunday masses collects millions from parishioners around the country through the collection plate. Efforts by the Church to raise collections specifically oriented to the victims of Pepeng may be impeded by the sort of resistance I spoke of earlier. However, if the Church, without announcing it so, simply allocates one Sunday's worth of its regular mass collection plate receipts to the victims of Pepeng, the infusion of perhaps millions for Pepeng relief will be of enormous aid. I really don't see any reason why the Church cannot forego of that one Sunday's worth of collections to aid the less fortunate at the time of their direst need.

Corporations can help in similar fashion. Already, Krispy Kreme has a promo pledging all sales of original glazed donuts for Sunday, October 11, for Typhoon Ondoy relief. What if San Miguel, donates all October 15 sales of Pale Pilsen for Pepeng victims. San Miguel could, as Krispy Kreme did, announce such fact beforehand or simply just make the donation with minimum fuss. Other corporations and institutions should consider making a similar sacrifice. And the government should do its best to ease the way. For example, Senator Santiago's proposal to lift the donor's tax limits for typhoon relief? Pass it, ASAP.

At this point, when individual limits may just be taxed, it will have to be the institutions which will have to fill in the gap. Nonetheless, if you feel that you can still help out more, check out Bayanihan Online, which collates the latest updates in Typhoon Pepeng relief.

The Urgent Need for an Online List of Evacuees from Typhoon Ondoy

2009-09-28T16:47:00.005+08:00

UPDATE: Just got an email reply from NDCC. I understand their predicament, but hope come next time something could be done.

"good afternoon attorney, we are more than thankful for your offer but unfortunately, due to the scale and sheer difficulty of consolidating these lists will take significant effort to acquire. Rest assured that your offer will be considered should we have this list already in place. We hope you understand. Again, thank you for volunteering, and we wish you well especially in this moment."

OP: Two days after Ondoy ("Ketsana") struck us, and many many Filipinos remain worried about loved ones & friends in affected areas who have yet to surface or make contact. The radio & TV stations, the Facebook updates and the Twitter feeds are full of requests for news about this individual or that family. There are several reasons for the loss of contact. The popular cellphone service providers have had spotty reception because of flood damage to their reception. Many of the rescued individuals have lost their own cellphones and are now in evacuation centers where they are unable to make known their safety.

The NDCC is in charge of coordinating rescue & safety operations in times of disaster, and ostensibly has a supervisory role over evacuation centers. It is very conceivable for them to have a plan to collate the list of those successfully evacuated or rescued, and publish such list online for the perusal of relatives and friends unaware of their loved one's plight. It is conceivable that NDCC personnel at evacuation centers gather the names of those in the evacuation centers, type them up on laptops at the site, then forward the list to a central post which can then upload them at the NDCC website.

I'll concede this is easier said than done. Unfortunately, it appears that the NDCC had, and has no plans of doing this public service so needed by us. A friend of mine was able to contact the NDCC at 9122665, and she was told that the NDCC does not have a list of evacuees, only a list of affected areas. The call had been made in the hope that the NDCC would supply the list to private individuals who could help out by encoding and posting such list online. Without such a list, that task is impossible.

I have no idea if it is too late to still implement such a plan, but at the very least, this experience should enlighten the NDCC to establish such a system come the next disaster.

This entire experience has made it quite easy to wail and rage about the failure of government, and the absence of an NDCC list of evacuees compounds to the anger. Still, for as long as help remains needed, it remains more helpful to try make government work, instead of carping at its failings. And if the government that is within reach of fixing is that "of the sovereign people", and not necessarily that which we elected, then so be it.

New Storm/Flood Warning For Philippines This Week

2009-09-28T11:29:00.002+08:00

It is reported that 2 more tropical depressions are feared to hit the Philippines this week. Via Facebook, I came across this Note written by Inday Espina-Varona, relaying a message from Yvette Lee. Due to the urgency of the warning, I'm reposting the Note in its entirety (with apologies) so that the proper caution and preparation can be had by as many people as possible.

Yvette Lee, a veteran diver, and the friend I rely on for weather forecasts, has never been wrong yet about which way the wind blows (or how much rain will fall). Many times, she has told me to disregard Pag-asa because various other satellites, including those used by the US military, are showing different storm tracks. On Friday, she said winds would be light but waters very heavy and to prepare for serious floods.

Tonight, with some urgency, she asked me to contact Gibo, if I could. I've texted her message en toto to a defense reporter, but am posting it here anyway in the hope someone who does know Gibo or the AFP Chief or some such top gun can relay it. They may know what Yvette knows already but she is worried due to the absence of clear-cut warnings on TV and radio news. She would post here but has no Internet access at the moment. I'm tagging as many people I know that cover Crame and Aguinaldo (or who are there, thus the soldiers). Perhaps, other media people can check with their own sources and issue warnings that people can heed.

Here's her message:

IF YOU HAVE CONTACT NUMBER OF GIBO YOU BETTER LET HIM KNOW TO EXPECT RAINS AGAIN BEGINNING TOMORROW. BAKA KALA NILA WALA NA TYPHOON WALA NANG RAIN. THE WEATHER SATELLITES SHOW RAIN COMING IN FROM THE EAST FOR 2 DAYS AT LEAST.

THEY SHOULD ASK THE PEOPLE WHO WERE STANDING ON ROOFS AND WHO WENT BACK INSIDE, TO LEAVE TILL WATER GOES DOWN TO NORMAL BECAUSE THE WATER WILL RISE VERY FAST AGAIN WHEN IT STARTS RAINING...

Let's hope if the worst does come, we are utterly prepared.

On Assisting Philippine Victims of Tropical Storm Ketsana ("Ondoy")

2009-09-27T19:08:00.006+08:00

UPDATE #2: More info on how you can help from The Pinoy Chuva, with specifics on the particular needs of the victims & evacuees.

UPDATE: Useful info from ABS-CBN, including updates & advisories from telcos, airlines and the like.

It has been one day since Ketsana (better known in the Philippines as "Ondoy") swept across Luzon, causing the highest amount of rainfall in recorded Philippine history. The situation in congested Metro Manila & neighboring provinces remains dire, due to the number of people, perhaps thousands, who, 24 hours hence, have remained stranded on their rooftops, at risk to exposure and hypothermia. The fact that the gravity of this storm was unexpected, and unprecedented, has further hampered speedy and efficient rescue and relief operations whether by the public or private sector. There'll be a time for a post-mortem on how the public services sector performed in this once-in-a-lifetime crisis, but for as long as there remain lives to be saved, the flagellation can wait.

The Internet, particularly social networking has been able to communicate various urgent situations and means by which people can help the victims. Sour Politics best compilation out there of the list of emergency contact numbers; as well as sites where relief goods can be delivered & volunteers can register. A Google Spreadsheet has likewise been created listing places where relief goods may be dropped off; it is constantly updated. Check them out for now, I'll post additional info if necessary.

One of course should be cautious in identifying the proper conduit for donating relief goods, especially if donating cash. The surest bet is through The Philippine Red Cross. They have offered the following bank accounts through which cash donations may be made:

Account Name: The Phil. Nat’l. Red Cross

METROBANK
Port Area Branch
Peso Acct.: 151-3-041-63122-8
Dollar Acct.: 151-2-151-00218-2
Type of Acct. : SAVINGS
Swift Code: MBTC PH MM

BANK OF THE PHIL. ISLANDS
Port Area Branch
Peso Acct.: 4991-0010-99
Type of Account: CURRENT

BANK OF THE PHIL. ISLANDS
UN Branch
Dollar Acct.: 8114-0030-94
Type of Account: SAVINGS
Swift Code: BOPI PH MM

For your donations to be properly acknowledged, please fax the bank
transaction slip at nos. +63.2.527.0575 or +63.2.404.0979 with your
name, address and contact number.

Credit Card
Please fax the following info to +632.404.09.79 and +632.527.0575:
Name of card member, billing address, contact nos. (phone &
mobile), credit card no., expiration date, CCV2/ CVC2 (last three
digits at the back of the credit card), billing address, amount to be
donated.

For more details, visit www.redcross.org.ph .

Per Section 34(H) of the National Internal Revenue Code, charitable contributions made by Philippine corporations or self-employed Filipino taxpayers to the Philippine Red Cross (a government agency) are tax deductible as long as the total annual contributions do not exceed 10% (for individuals) or 5% (for corporations) of the annual net income. Self-employed individuals who avail of this deduction should not however avail of the standard 10% optional standard deduction under Section 34(L) that many taxpayers usually opt for.

Some American celebrities such as Yoko Ono and Alyssa Milano have tweeted that donations can be coursed through the American Red Cross. However, per HappySlip, the American Red Cross does not have a dedicated fund for Ketsana/Undoy victims, so any donations coursed through them will be spread out to other causes as well. You can instead donate directly through the Philippine Red Cross here (click "Others"), or by directly depositing to the bank accounts referred to earlier.

Twitter is perhaps the best place to receive wire-service like updates from the Philippines (I've been tweeting furiously myself). You can follow, among others, ABS-CBN News, GMA News, and popular blogger Manolo Quezon.

Alexis Tioseco

2009-09-06T23:32:00.003+08:00

The reason why film critics should matter? By virtue of their vocation, they get to watch more films than the regular moviegoer or the amateur film buff. Good, bad or harmless films. Films emanating from different eras, different genres, different languages and heritages. For that reason, they are better equipped to place an individual movie within the appropriate context in the film universe. They may be less inclined to praise a particular film that may be popular to regular moviegoers because their critical faculties have been shaped by the many good films that they have seen, and we have never heard of. From their wider exposure, they are able to share with us insights from film traditions and cultures far richer than what can be offered by our Transformers-in-every-cinema multiplexes. Inasmuch as schoolteachers had enlightened us that there was a world out there beyond immediate sensory perception, film critics alert us of a cinema beyond that promoted by the popular media machine. And so long as humans remain responsive to the curiosity reflex that drove much of cultural and technological progress, the critic -- especially the one who introduces us to the extra step -- will matter.

I never had the privilege of meeting Alexis Tioseco, though we had shared print space on UNO and had common friends. But from reading his work, it is easy to glean why he had won the respect, loyalty and love of his friends, colleagues and students. He was passionate about the Philippines and desired a better local cinema, and to that end he was unwilling to kowtow to the film industry and its interpersonal politics. He made his views known directly, and with such bluntness one could not help but listen. The most effective writers and advocates are those who know how to go for the jugular, and he deflated many egos and platitudes with the aim of developing a more sensible and liberating atmosphere where good Philippine cinema could breed. One can try disagree with his criticisms of particular films or decry the obscurity of some of the movies he rooted for, but he exuded much integrity and knowledge of film that you could trust that his views were well worth considering.

Someday, there will be a published anthology of the works of Alexis Tioseco, and you should go buy that. Yet there is already a wealth of material now available on the Internet, beginning with his now-widely circulated piece in Rogue Magazine, The Letter I Would Love To Read To You In Person, a highly accessible and passionately eloquent love letter/mission-vision statement which should be taught in any kind of writing class. Do check out his blog, Concentrated Nonsense, and the erudite website on Southeast Asian cinema, Criticine, which he had helped established. Two of Alexis's previous articles - one on Roxlee and a review of When Timawa Met Delgado. And there have been a host of tributes posted online to Alexis and Nika Bohinc -- among others, see those of Noel Vera, Oggs Cruz, Quark Henares, Philbert Ortiz Dy, Patricia Evangelista, Gabe Klinger and Jonathan Rosenbaum.

Philippine Free Press 101st Anniversary Edition

2009-08-26T13:22:00.005+08:00

I got my copy at Caltex-Julia Vargas, also available at 7/11 and National Bookstores, or you can call 844-2316, 844-2251, 844-2275, 0919-583-8487 for orders.

From Erwin Romulo:

A Hundred and One

The FREE PRESS celebrates its 101st anniversary in this issue. We also take this occasion to pay tribute to the late President Corazon Aquino. Cory!—the private woman who was thrust out of her domesticity to the arena of politics, the prison cells of the Marcos regime, the parliament of the streets, the leadership of the Philippines and the world stage. Manuel L. Quezon III’s “Filipino of the Century” is an inspired retelling of this now-legendary story—one that resonates even amid the flamboyance and machismo prevailing in our culture, as the late FREE PRESS editor Teodoro M. Locsin pointed out in his eloquent editorial on Mrs. Aquino. The highlight of Mrs. Aquino’s international acclaim is, of course, her triumphant 1986 address to the US Congress, which we reprint here.

A tribute to Mrs. Aquino also serves as a tribute to her martyred husband, Sen. Benigno Aquino Jr., whose association with the FREE PRESS is underscored by Locsin being thrown in jail together with Aquino (and nine other critics of the Marcos regime) in 1972. Teodoro L. Locsin Jr.’s interviews with Aquino are fascinating chamber pieces that hint at Marcos’s impending dictatorship. Another cellmate of Aquino and Locsin Sr. is the brilliant political analyst Napoleon G. Rama, whose article on martial law has unfortunately become more relevant in our time. With the articles by Rama and Locsin Jr., we also reprint the classic political cartoons of former FREE PRESS art director E. Z. Izon.

Former FREE PRESS executive editor Gregorio C. Brillantes wields his lyrical journalism as he takes a retrospective look at Rolando Galman, the much-overlooked casualty in Aquino’s assassination in 1983. We also look back to the body of work of the FREE PRESS and some of the writers who helped shape it. “The Ruling Money,” by the late associate editor Nick Joaquin (writing as Quijano de Manila), is an exhaustive business story as only he could write it—and a departure from his reporting on politics, history and pop culture. Kerima Polotan’s “The Woman of Fashion” is a quiet critique on the thriving bourgeois scene of the Sixties and its devotees at the time. Then there’s the other side of that milieu, lauded by Jose F. Lacaba’s now immortal “Notes on Bakya,” an inventive variation on Susan Sontag that counsels against elitism in art and culture. Finally, here too is Aquino’s soul-searching poetry, written during his eight years in prison. The themes are familiar to victims of political persecution like Lacaba, Locsin, Rama and this magazine, which was padlocked on the eve of martial law and revived in time for Cory’s historic presidential campaign."

You can view several classic Free Press articles (including those over sixty years old) reposted here.

The Underrated Genius of Carlo J. Caparas

2009-08-07T23:22:00.000+08:00

Carlo J. Caparas was the director who showed us a bustling Ayala Avenue (complete with Rustans and Twin Towers) and superimposed the title “Singapore” underneath. (Victim No. 1: Delia Maga [Jesus, Pray for Us]). Yes, the National Artist for Visual Arts and Film introduced massacre as a film genre, raised the bar for movie titling with The Maggie de la Riva Story (God...Why Me?), and gave us Tasya Fantasya. Mock you will, as I did when I used to watch his films to satiate my urge for cheap laughs.

Nonetheless, my favorite ever scene from a Carlo J. Caparas film is a daring bravura setpiece of intense psychological complexity hitherto unseen in Philippine cinema – rivaling the exquisite sophistication of Ophuls or the tolerant humanism of Renoir. It was gifted to us through The Marita Gonzaga Rape-Slay: In God We Trust!, a deceptive “massacre movie” starring Sunshine Dizon and future Senator Jinggoy Estrada.

The setup. The film begins with the ill-fated Marita Gonzaga (Sunshine Dizon) celebrating her 18th birthday with a decadent debut, complete with gowns and waltzing, which somehow fails to faze the saintly Sunshine. After the ceremonies, Marita, her father (Tommy Abuel), mother (Maggie de la Riva) and several older brothers take respite at the sala, where the center table hosts all of the debutante's birthday presents gift-wrapped in pink and laces. After a few pleasantries, the scene evolves into something like this:

Abuel: O hija, buksan mo na yung napaka-raming regalo ko.

Sunshine: (smiling demurely) Salamat itay, pero sa wari'y ko hindi ako nararapat tanggapin ang mga regalong iyan. (turning to her several elder brothers) Oh mga kuya, sa inyo na lang ang mga regalo ko.

Mga Kuya: Uy, tenk you!!

(The kuyas charge at the table and each grabs a gift for their own. Sunshine and her parents exchange meaningful looks and exchange hearty laughter.)

Years ago, I laughed at the seeming idiocy of this scene. Yet upon mature retrospect, the genius of the visionary overwhelms. One would expect the brothers to be repulsed by the thought of appropriating the presents gifted to their sister on their eighteenth birthday. A hack director would have played the scene that way. What the auteur Caparas does is to confound our gender-driven expectations, compelling us to question our tacit acceptance of the male-female role vis-a-vis birthday gifts which conservative society had imposed on us. And there is no more vital role for an artist than to challenge our own values system.

There is another way to analyze the scene, one which even more profoundly impresses. It is possible that the brothers themselves knew that the gift boxes actually contained gender-neutral presents. After all, Caparas cannily conceals from the audience what's inside the box. How do the brothers know this? Perhaps their parents had raised the brood under the tenets of progressive liberalism, instructing their kids on the ultimate futility of gender differentiation. The friends and the family would have known this, and accordingly selected only those gifts of democratic utility regardless of gender. That is why the brothers expressed no inhibition at claiming the gifts of their sister. By this episode, Caparas venerates the democratic utopia, thereby setting up the subsequent greater tragedy that a progressive and tolerant milieu will not shelter us from the random evil inflicted by the rugby-addicted killer-rapist. It is a cautionary tale not even Hitchcock ventured to tell.

One might retort that no, the scene was just really really stupid. Then again, someone centuries ago probably also said that of Shakespeare.

For Those Calling for the Canonization into Sainthood of Corazon Aquino

2009-08-04T22:06:00.000+08:00

You might want to take a look at this account from former Vatican Ambassador (and Cory Aquino in-law) Howard Dee, as published in Cory: An Intimate Portrait (2009, ed. by Margie Penson-Juico):

With the special permission given by the Vatican, President Cory was finally face-to-face with Sister Lucia [of Fatima renown], who told her: "I have been praying for you all this time! Do you still have the rosary I sent you?"

It was the rosary Sister Lucia herself had made for her and given through Cardinal [Jaime] Sin, who had asked how she came to know about Cory, without radio or television or nespapers in the convent: Was it through the Blessed Mother? Lucia just smiled. (p. 179-180)

I myself am neutral on the matter, though many (around 3,000 so far) are not. If anything, the angle that interests me is that the active pursuit by the Vatican of sainthood for Cory may, in the next few years at least, bear extraordinary pressure on the governing establishment in the Philippines to behave, not to degrade the democratic legacy left by the former President.

The Game-Changer

2009-08-01T14:14:00.001+08:00

I've always wondered what path Ninoy Aquino would have chosen had he been the one who succeeded Ferdinand Marcos and his authoritarian regime. He spoke admiringly of autocrats such as Kemal Ataturk, Lee Kuan Yew and Park Chung Hee. He famously pitied whoever would have to succeed Marcos. Steeped as he had been in the hard-nosed game of politics, he probably would have concluded that it would take a Marcos to clean up after Marcos. A strong president unencumbered in having to do the dirty deeds by the restraints of law or the dissents of others.

In that context, the 1986 Freedom Constitution is worth a second look. This provisional charter, intended to legitimize Corazon Aquino's assumption into power, emanated from a mandate of arms and was ratified with the consent of only one person -- Cory Aquino. It did retain many of the features of Marcos's authoritarian regime -- legislation by decree most prominently, and its pre-determined lifespan (until the ratification of the new Constitution) was dangerously indeterminate. Again, these undemocratic features arguably necessary to clean up after Marcos. Yet what is also striking is the abject commitment of Mrs. Aquino through the Freedom Constitution to adhere to the Bill of Rights -- the core of a free and democratic lifestyle -- which the charter decreed as remaining in effect. The Bill of Rights are notoriously inconvenient for strong presidencies, even those which are strong only out of necessity. The post-EDSA milieu could have easily tempted Aquino to do unto others what had been done unto her. Jailing recalcitrant opponents and rebels upon presidential command, silencing the remnants who spoke against the restoration of freedom -- these were easy temptations that could have been justified in the name of democratic rule and good government. Mrs. Aquino desisted.

What may ultimately endure as the more satisfying legacy is not Mrs. Aquino's pro-activity in assuming leadership in the anti-Marcos fight, but her acts of desistance. Having restored the basic democratic institutions, she desisted from reverting, from changing this equitable paradigm of governance even in the face of dire emergencies -- seven coup attempts, massive natural disasters, a failing economy and a crippling power crisis. She had insistent faith in the solvency of the democratic institutions embedded in the 1987 Constitution in fighting adversities that threatened the survival of the State. Mrs. Aquino likewise deserves credit for desisting from running again or even engaging in striptease hints that maybe she would if she could. In the end, the peaceful and democratic transition in 1992 remains an all-too unheralded achievement.

Mrs. Aquino deserves her share of the blame in the failed promise of her Presidency, most achingly the failure to deliver justice for the past as a component of the return of democratic rule. By 1992, it was socially unacceptable to be anything less than faintly derisive about the Aquino presidency and its failure to deliver a higher quality of life to the people. Yet in many respects, Mrs. Aquino sacrificed the short-term success of her administration to accommodate the birthing pains of our renewed democratic institutions -- a restrained presidency, a representative Congress, an independent judiciary, and a people who inalienable rights were guaranteed by the rule of law. We may still be quibbling about the same socio-economic problems that persisted under Mrs. Aquino's rule, but we do so still in an environment able to sustain active deliberation and dissent as the means of building consensus for moving forward, where the terms are not suppressed by dictation from self-regarding geniuses.

Mrs. Aquino's democratic vision was rooted in her respect for the consent of the governed over the presumed wisdom of the governing. We may remain impatient at the intricacies of building a grassroots democracy for some generations to come, but should it survive, her failures which we find all too easy to point out will ultimately be trivial.

Goliath is Dead, Or Wins (Worst Front Page Ever)

2009-06-27T01:42:00.003+08:00

Apparently, Michael Jackson is Goliath, and he will win, says the Palace. And when that happens, the world will mourn like it mourned Kennedy. A prediction from Nostradamus? Just another atrocious PDI front page, though this one is the stuff of legends.

Australian TV News Falsely Reports Death of Jeff Goldblum

2009-06-26T19:05:00.000+08:00

Australian TV news falls for the "Jeff Goldblum is dead" hoax.

How I Prefer to Remember Michael Jackson

2009-06-26T13:27:00.000+08:00

Live-Tweeting the 1986 People Power Revolution

2009-06-25T14:10:00.002+08:00

I was 9 years old during the 1986 People Power Revolution in the Philippines, but my memories of those four days are still quite vivid (it helps that I was even then, such a nerd). Here's how I would have tweeted the event. To the best of my memory.

February 22

Papa left for Isabela w/ his bros/sis for a funeral. 12 hour drive. Hope they stay safe

BREAKING - ENRILE RAMOS RESIGN!!!

Ninong A. just called the house. ENRILE RAMOS RESIGN!!! They've taken over Camps Crame and Aguinaldo.

Lolo just called. ENRILE RAMOS RESIGN!!!

Nothing yet on TV. Damned MSM (Marcos State Media)!

Weird that Ramos too is part of this, the Inquirer said today that Marcos might fire Enrile. #marcos

Finally. Presscon now on Radio Veritas. #marcos

Enrile says Marcos cheated in Cagayan. #marcos

Enrile: we are prepared to die!! #marcos

Mama now panicking, has no way to contact Papa. If they can invent Twitter, why can't they invent a portable telephone?

BREAKING - Postmaster General Golez RESIGNS! #marcos

BREAKING - Supreme Court Justice Alampay RESIGNS! #marcos

Only President Reagan can save us now. #marcos

Marcos on TV, says that Enrile/Ramos part of foiled assassination plot. Liar! #marcos

RT @socvillegas Cardinal Sin says everyone to Camp Crame.

BREAKING - Jaime Cardinal Sin calls people to go to Camp Crame & Aguinaldo to protect Enrile and Ramos. #marcos

Cardinal Sin has balls. If he survives this, he'll surely be Pope someday. #marcos

Wonder whether people will actually go to Crame tonight, its late na. #marcos #philippines

Where is Cory? #marcos #philippines

February 23

Papa back home, they turned back as soon as they heard the news that Enrile and Ramos resigned.

RT @junekeithley: Goons attacked Radio Veritas transmitters last night, Veritas now on backup power. #marcos #philippines

RT @gregcendana: The situation is under control, FM urges calm. #marcos #philippines

Only Veritas is carrying the news. If Veritas goes, this may be over. #marcos #philippines

Waiting for Cory and President Reagan. Cory in Cebu they say. #marcos #philippines

Wanted to go swimming, but Manang Rose says we can't, they might need the water in case of emergency.

Why would they need swimming pool water? Stupid Manang Rose.

BREAKING - Thousands of people now guarding the gates of Camp Crame and Aguinaldo. #Philippines

HUMAN BARRICADE FTW!!! #Philippines

Good thing there are no elevated ramps near Crame/Aguinaldo where snipers could take aim. #Philippines

Show support for democracy in the Philippines add yellow overlay to your Twitter avatar with 1-click - http://helpphilippineselection.com/ #Philippines

I feel uneasy watching cartoons now on Channel 9. At a time like this? #philippines

BREAKING - Pro-Marcos tanks on their way to Crame!! | Oh no!! #philippines

RT @lolacorista: The tanks are coming! I'm going to die! Tell my little Pupung I love him dearly! #philippines

This will be a massacre. #philippines

RT @tibak72: We stopped the tanks!! #philippines

RT @flowpow69: I gave yellow roses to the soldiers in the tanks. Even kissed one of them! #philippines

Oh wow. The human barricade stopped the tanks! HUMAN BARRICADE FTW! #philippines

RT @frreuter: The tanks were blocked by people knelt in prayer. Please please pray the rosary. #philippines

RT @MamaMary: It was I who stopped the tanks. You will build a 20-foot statue of me to honor my miracle, but it will be an ugly statue. #philippines

RT @seminarista50: A miracle that Mama Mary saved the life of General Ramos, a Protestant.

Mama and Papa are leaving for Crame. I want to come along, but they won't let me.

Veritas signal is almost dead. Where will I get the news? #philippines

http://www.youtube.com/watch?v=mUjuUyEiZtw

RT @junekeithley: Follow us at Radyo Bandido (DZRJ 780AM) #philippines

Papa & Mama back from Crame. They had to park the car at Unimart and walk the rest of the way. #philippines

February 23

BREAKING - Marcos Air Force planes on their way to bomb Crame!! #philippines

Too bad there could be no human barricade in the Sky. #philippines

BREAKING - AIR FORCE DEFECTS! PLANES SENT TO BOMB RALLYISTS LAND INSIDE AGUINALDO! #fb

This is huge. #philippines

Air Force General Sotelo: I could not in good conscience attack my fellow countrymen. #philippines

This General Sotelo will be the HERO of this revolution. They'll build statues and sing songs in his memory. #philippines

Radyo Bandido starts playing Mambo Magsaysay. Manang Rose dances along, alone. #philippines

Mambo Magsaysay - http://www.youtube.com/watch?v=4uzEQkojDJc

I want to go to Crame. Want to go want to go want to go. Mama Mary will protect me. #philippines

BREAKING - Cory Aquino back in Metro Manila, to go to Crame today.

RT @doylaurelfanatic: Surely a million people at EDSA right now, from Cubao up to Ortigas. #philippines

BREAKING - Cory to take oath of office as President tomorrow, Marcos to do the same. #philippines

Mama and Papa say we can all go to EDSA this afternoon, but we have to prepare to walk.

"People Power Revolution" sounds awkward and ungrammatical. Why not "The Philippine Revolution of 1986". #philippines

Mama calls me to the bedroom, where the TV is turned on to Channel 4. "The new Channel 4!", she proclaims. But the new anchors are ugly. #philippines

RT @subasherrero: We have taken over Channel 4. Channel 4, now in the service of the Filipino people. #philippines

Watching new Channel 4. Seeing for the first time pictures of what has been going on at Crame. Unbelievable! #philippines.

Am starting to think we don't need the Americans to oust Marcos. WE CAN DO THIS OURSELVES, PEOPLE!!! #philippines

Oh, two people died in the fight for Channel 4. First deaths I've heard during The Philippine Revolution of 1986. #1986philippinerevolution

Preparing to leave for Crame. It will be a long walk. Good thing I'm in charge of the radio #1986philippinerevolution

Long long walk from Annapolis to EDSA. Lots of people, all kinds. #1986philippinerevolution

The number of people is incredible. People power indeed. #1986philippinerevolution

They say Cory is here. Couldn't see her. But I see Butz Aquino (I think). #peoplepower

Good thing my Ninoy t-shirt still fits me. #peoplepower

BREAKING - Cendana RESIGNS! #peoplepower

BREAKING - Gen. Olivas DEFECTS! #peoplepower

Papa bought us Twin Popsies, despite the Magnolia boycott. Now on our way home, before it gets dark. #peoplepower

Now back home, watching Channel 4. Happy that it's now on our side, but man, poor production values. #peoplepower

Marcos arguing with General Ver on TV. Ver wants to fire on protestors, Marcos says no. Moro-moro? #peoplepower

I really don't like the APO Hiking Society. I'm sure 20 years from now, I'll still hate them.

February 25

BREAKING - Soldiers fire on civilians near Libis, people down. Those fuckers must pay!!! #peoplepower

Who is this Gringo Honasan? #peoplepower

BREAKING - Gunfire at Channel 9. #peoplepower

RT @colsantiago: We need people to go to Channel 4 and 9, Marcos troops on their way to retake the stations. We need blood, lots of it. #peoplepower

I want to go to Club Filipino for Cory's oathtaking, but they won't let me. #peoplepower

Cory's oathtaking on Channel 4. Doy first takes oath as VP, sworn in by Justice Abad Santos. #peoplepower

BREAKING - Cory Aquino sworn in as President of the Philippines!

Cory sworn in by Justice Teehankee, Dona Aurora held the Bible. #peoplepower

BREAKING - President Cory Aquino appoints Enrile as Defense Minister, General Ramos as Chief of Staff. #peoplepower

God, Cory's salute is EPIC FAIL. #peoplepower

Cory's oathtaking ends with them all singing Bayan Ko while doing the Laban sign. Even Enrile and Ramos are singing along. #peoplepower

Now switching to Channel 9 for Marcos oathtaking. #peoplepower

Hah! Channel 9 went off the air just as Marcos oathtaking about to begin! #peoplepower

BREAKING - Rebels take over Channel 9! #peoplepower

Channel 4 is strangely addicting. I think this is my new favorite channel.

I hope this goes on for days, don't want to go back to school. #peoplepower

February 26

OMG its all over, and I slept through it all! #peoplepower

MARCOS FLEES!! Last night! Yehey! #peoplepower

Shit, talaga, shit, I was asleep when it happened. #peoplepower

How Twitter Can Help Guarantee a Clean 2010 Elections

2009-06-16T00:52:00.001+08:00

No great stretch of the imagination here, just some primitive Rube Goldberg thinkering. The NAMFREL (or whatever independent group) arms its precinct watchers with 3G cellphones, trains them how to access Twitter via mobile and create Twitter accounts using standardized names based on the barangay/municipality/city/province and precinct number (e.g., 239GhillsSJMM). Immediately after their assigned precinct completes the count at the precinct level, the volunteers tweet the tallies of the top 4 presidential and vice-presidential candidates, as well as the top 15 senatorial candidates from their respective precincts. The tweets should be composed via a pre-arranged standard format. Once the tweets have been sent, NAMFREL, as well as the press and the budding Nate Silvers of the Philippines can work out for themselves a tally derived from the most accurate source (the precinct level) that is fairly transparent and can later be compared to the official tally.

I could also see how the individual campaigns can design a similar system in order to protect the votes of their candidates.

No system is perfect. The drawback would come from those localities where there is no working cell signal. Still, I'd be shocked if such areas would comprise more than 20% of the country, and an accurate count from 80% of the country may prove good enough.

This all assumes of course that there will be elections in 2010.

An Utterly Unimportant Moment

2009-06-11T01:48:00.002+08:00

I was 10, and the clan had spent the night at a distinctly mediocre beach resort in Cavite -- the sort with dark grey sand. The luggage had been loaded into the cars, and the drivers were waiting for the kids to return from their last minute pees. I stared at a bamboo pole by the steps of the shack where I had slept. For no discernible reason, I reached out, touched the pole, and said to myself, For the rest of my life, I will remember having touched this pole.

Freaky thing happened on my way to age 33 -- the prophecy came true. Probably not a month has gone by in my life without that memory crashing through my idle thoughts. I can't explain what triggers the episode with the bamboo pole. It arrives at odd moments, such as while lined up at a buffet table, or looking at crude facsimiles of KISS painted on a jeepney siding. Mind you, there was absolutely nothing memorable about that sojourn to a Cavite beach. This all ensued simply because when I was 10, I was foolish enough to will my brain into assigning eternal significance to my having palm-pressed that bamboo pole. It feels like having wasted the genie's first wish on a pair of Beachwalk slippers.

What is especially irritating is the prospect that this memory will forever intrude in my brain as a significant episode of my life. The deathbed scenario is especially troubling. I fear that when upon my hour, the important memories will start flooding in (as some say they do), I will have to endure my 10-year old self touching that bamboo pole sticking out of the dark grey sands of Cavite, If that were my last thought on this Earth, I'd be quite pissed indeed.

(Note: Exchange your money for a copy of this June's issue of the revamped UNO Magazine. I've a column at UNO, "Sureshot", beginning its run this month. Despite that fact, the June is a way too splendid issue.)

On the Relative Statesmanship of Senator Lito Lapid

2009-05-26T19:35:00.001+08:00

Search Google News for "Lito Lapid & Hayden Kho", and you get no hits indicating any outbursts of righteous fulminating from the Senator from Pampanga over the sex tapes. As far as I can tell, he has not released any public statement, delivered any privileged speeches, or uttered any thoughts on the matter. It could be that he is judiciously reserving public judgment on the matter until the time comes for him to speak up in the context of his duties as a Senator of the Philippines, which is good for him and us. It could also be that he does not give a damn about the sex tapes, which is also good for him and us.

DUTIES ON IMPORTED BOOKS LIFTED!! Sweetness.

2009-05-25T04:40:00.000+08:00

Not a few minutes ago (and it is 4:30am now), I was roused from sleep by an insistent knocking at my door. I shouted from bed, "Sino yan?", and the voice of what I sensed was an old crone started muttering from behind the door what sounded like "car..car..". Naturally, this did not spur me to jump out of bed and open the door. Instead, I remained in repose until I awoke for real. For good measure, I did shout out again, "Sino iyan?" This time, there was no reply.

I was about to fall back asleep, but decided to check in on my e-mail for just a moment. And I ended up reading this article from The Philippine Star. The one entitled "Taxes on Book Imports Lifted."

Thank you old crone. And thanks for the thousands who made it possible.

Film Extra From Batman & Robin Makes Eloquent Argument vs. Waterboarding

2009-05-23T19:41:00.000+08:00

Via The Daily Beast. I can't think of a more persuasive argument out there in pop culture land against waterboarding.

The Book Blockade: Effectively Focusing Targets

2009-05-22T11:00:00.004+08:00

I was snapped out of my Zen state (I had been on vacation and recently returned from abroad) upon seeing yesterday's Philippine Daily Inquirer front page, it leading with the Hayden Kho story. The Inquirer, as well as your other local daily newspapers, has not given the same level of coverage to the outrageous and illegal imposition of customs duties on books imported to the Philippines. Sex sells, of course, and it is the misfortune of book lovers of the Philippines that Dr. Kho did not film himself having sex with an imported book. Thus, here we have another trivial matter with our cause, competing for newspaper space and the attention of the members of Congress. We don't yet have our own Nate Silver to assess the comparative quantitative impact of the Hayden Kho story with the Book Blockade, though perhaps the number of followers in the respective Facebook causes may provide an idea of the level of outrage, at least in the Filipino online community.

What next steps should be taken in connection with the Book Blockade Crusade? As Manolo Quezon points out, some members of Congress, newspapers, and even a few government officials have spoken out, virtually unanimous in condemnation (except this guy). Yet despite the acquisition of mainstream cred, the outrage has yet to translate into positive results. Obviously, the Department of Finance remains intransigent.

The problem, I fear, is that it has yet to be acutely demonstrated to the people behind the policy or in a position to reverse the same, that their self-interest will be damaged; their hopes and dreams wrecked, should they persist. Fortunately, there are ways to inflict pain and damage on people who are in a position to do something, and who have definite plans for the future which hinge on the consent of the people. If these people and their interests are specifically targeted, there is a greater chance for the junking of the book import duties. For as long as we are not impaired by the proposed right-to-reply,

1) Finance Secretary Gary Teves. As anyone who saw the GMA 7 coverage of Pacquiao-Hatton very well knows, Mr. Teves is running for the Senate. It would not help his chances if a sufficiently outraged and organized sector, such as the Philippine reading community, would actively sabotage Mr. Teves's electoral career because he has aided and abetted the book blockade.

The advertisements against Mr. Teves virtually write themselves. Example # 1:

EXT. A backyard patio. Two housewives are hanging laundry. A child, around 8, is running around at a very high speed. Within sight of the two women, the child runs headfirst into a pole, falling flat on his back.

Woman#1: Mare, bakit ang tanga-tanga ng anak mo?

Woman#2: Hindi ko nga alam, pinapaliguan ko naman ng iodized salt araw-araw. Pero di bale na lang. Sabi naman ni Kuya Gary, hindi naman importante yang dunong na iyan. Basta maraming pera ang gobyerno, aalagaan naman tayo. Kaya sang-ayon si Kuya Gary sa pag-pataw ng buwis sa mga libro tulad ng pag-buwis ng suka. Para dumami ang pera ng gobyerno!

(The child sees a live electric wire adjacent to a sign that reads: “Panganib! Huwag hawakan!” The child reads the sign then touches the wire.)

Woman#2: (screaming) Rico!!!!

(Scene fades to black, then reveals a tall thin man at the center of the screen)

Gary V.: Ako si Gary Valenciano, ang Kuya Gary na may tunay na nag-aaruga sa inyong kapakanan. Ako ang Kuya Gary na naniniwala na ang karunungan ay masyadong mahalaga para patawan ng buwis, dahil sa edukasyon lamang tayong aangat bilang isang bansa. Ako ang Kuya Gary na naninindigan na ang sining at panitikan ay ang kaluluwa ng isang bayan, at hindi pupuwede itong patungan ng buwis tulad ng suka o silyang rattan. Tutulan ninyo ang mga huwad na Kuya Gary, ang mga Kuya Gary na walang pakialam sa kapakanan ng kabataan at ng sambayanan.

(Gary V. sings the chorus of Natutulog Ba ang Diyos while Woman #2 cradles Rico Pieta-style)

Example#2:

(INT. Fort Santiago, 29 December 1896. Jose Rizal and Josephine Bracken are together in Rizal's damp dark cell for some quality time.)

Josephine: Joey, you seem irate.

Jose: Nanaginip ako Josephine, isang nakakakilabot na panaginip. Namuo nga ang isang malayang Pilipinas, ngunit ito ay pinamumunuan ng isang tribo ng barbaro, na walang paki-alam sa pag-babasa, na naniniwala ang aking Noli, El Fili, na wala silang saysay sa edukasyon. Sabi ito ng isang Estela Sales, alipores ng isang Gary Teves.

Josephine: Oh Joey, it was just a bad dream.

Jose: Anong kabuluhan sa pag-kitil ng aking buhay kung ganoon lang ang kahihinatnan ng aking minamahal na bayan. Wala.

(Rizal holds up a copy of the unfinished Mi Ultimo Adios and burns it with the flame in the gas lamp.)

(EXT. Fort Santiago courtyard. Rizal begins marching towards Bagumbayan. Josephine is with him)

Josephine: Oh Joey, do not let them shoot you in the back. Let the whole world know that you did not face death like a coward.

(EXT. Rizal at Bagumbayan, the firing squad preparing to fuego)

Rizal: (interior monologue) Matamis nga ba ang kamatayan kung ang aking pamana ay maiiwan para sa mga hindi makakakilala sa kahalagahan ng pagbasa? Mas masahol pa ang Gary Teves na iyan sa mga...

(gunshots. Rizal does not turn around to meet the volley. Instead, he falls flat on his face, in comical fashion but dead. The soldiers cheer, the band plays on)

You get the gist. Network TV will probably refuse to air these kinds of ads, but post them on YouTube, send around the link, and they may work their magic. Better, subtitle these ads, and send them around to the other finance ministers of Asia whom Mr. Teves had beat out as "Asia's Best Finance Minister" way back in January. Even if he loses in his bid for local electoral office, make this guy unemployable in the international finance community.

An organized campaign to defeat Gary Teves, if it gains traction, may not necessarily force him to change his mind on the duties. And the people who would be involved in the campaign will most likely not vote for him even if he reverses course. But if he were smart enough to become "Asia's Best Finance Minister", he should realize that he stands a better chance for election without an emotionally-charged group actively seeking his defeat. It is widely believed that the active efforts of the U.P. community helped thwart John Osmena's re-election bid in 2004 because of his irrational objection to modernizing the U.P. Charter. Mr. Teves does not need a similarly organic campaign against him.

2) Jose Mario Bunag, former Commissioner of Internal Revenue. This one is a bit of a stretch, since he is the former Commissioner. But during his tenure, now Finance Undersecretary Estela Sales was one of his Assistant Commissioners at the B.I.R. Sales of course has been the public face of villainy during this entire affair, going as far as to comment that novels are not educational. That Bunag would have someone like Sales as a deputy at the B.I.R. does not speak well of him.

Here's the catch. Bunag is currently a nominee for the Supreme Court of the Philippines. The Judicial and Bar Council will soon deliberate on the shortlist for the two vacant seats on the Supreme Court. Imagine if each of the 18,000+ members of the Facebook group against the book importation duties were to mail a letter to the JBC, objecting to Bunag's nomination because of his association with Sales. Question you may whether such association should disqualify him from the Supreme Court, but such action, I promise you, will partake the greatest public response ever before the Judicial and Bar Council against a Supreme Court nominee. It will be a force that Bunag could not ignore, and may very well impel him to make a phone call to Sales

There are of course many other means by which to effectively propagate the quest against the import duties. The beauty of a crusade in the name of creativity is that it will spur on creative, even novel ways of protest.

Proposing an Easy, Not Too Embarrassing Way Our for the Dept. of Finance on the Book Import Controversy

2009-05-10T15:53:00.003+08:00

Copies of the controversial DOF Dept. Order No. 17-09 have emerged online, courtesy of Manolo Quezon (who credits Twitterer jtnord for scanning the same). Page 1 is here, while Page 2 is here. Manolo Quezon also provides a very useful Timeline and Readings, which better illuminate the factual background.

No surprises from the text of D.O. No. 17-09. As expected, it presumes that the Florence Agreement exempts only "educational, scientific and cultural materials" from import duties even though the text of the Agreement itself clearly exempts all printed books. D.O. No. 17-09 also assumes that Rep. Act No. 8047 only covers the tax-free importation of books Both premises are wrong. If any one of them is debunked in court, the custom duties on imported books will be invalidated as well. The Florence Agreement is clear-cut in itself, and its provisions alone should be sufficient to invalidate the duties. However, Republic Act No. 8047 provides for an equally potent basis for annulling the tariff. Under the Section 28(2), Article VI of the Constitution, the power of the President to impose tariffs and duties must be delegated by Congress, which has the constitutional authority to impose limitations on such power of the President. Republic Act No. 8047, by itself, restricts the President from imposing duties on books and could be enough to invalidate the duties.

Still, this need not go to court. Reading D.O. No. 17-09, as well as Section 105(s) of the Tariff and Customs Code, I think all the ingredients are there for the Department of Finance to back away from its position, with minimum embarrassment, and without having to cite pressure from the public or the blogosphere as basis for backing away from the D.O.

In all candor, the Florence Agreement is not a highlighted area of study in law school. I myself had forgotten all about it until this controversy emerged. It is apparent that the BDAP lawyers who drafted the 30 April 2009 letter to DOJ Secretary Gonzales were not familiar with the Agreement as well (otherwise, they would have cited it). The Agreement first came into the forefront on 3 May 2009, when Robin Hemley cited it in his Mcsweeney's article.

It is plausible to assume that the DOF had not read the text of the Florence Agreement when it drafted the Department Order in mid-April. That may seem damning to the layperson, but as I said, the Florence Agreement is hardly in the consciousness of the Filipino lawyer. What the DOF lawyers had most certainly read is Section 105(s) of the Tariff and Customs Code. The provision reads in part:

s. Economic, technical, vocational, scientific, philosophical, historical, and cultural books and/or publications: Provided, That those which may have already been imported but pending release by the Bureau of Customs at the effectivity of this Decree may still enjoy the privilege herein provided upon certification by the Department of Education, Culture and Sports that such imported books and/or publications are for economic, technical, vocational, scientific, philosophical, historical or cultural purposes or that the same are educational, scientific or cultural materials covered by the International Agreement on Importation of Educational Scientific and Cultural Materials signed by the President of the Philippines on August 2, 1952, or other agreements binding upon the Philippines.

Section 105(s) of the Tariff and Customs Code incorrectly presumes (whether knowingly or unknowingly) that the Florence Agreement only covers "educational, scientific or cultural materials" as exempt from import duties. It does this by capitalizing on the title of the Agreement, even if the text clearly states that all printed books are exempted. If the DOF (or any other lawyer for that matter) relies solely on the text of Section 105(s) of the TCC, without reading the text of the Florence Agreement itself, then it would conclude that imported books which are neither educational, scientific or cultural materials may be the subject of import duties. It is apparent from the new Department Order that it is from that framework that the DOF was coming from.

So, how could the DOF back away from its Department Order? By saying that it was misled by Section 105(s) of the TCC into thinking that it could generally impose duties on imported books; that upon reading the text of the Florence Agreement itself, it realized that virtually all imported printed books were exempt from import duties. It may be harder for the general public to swallow that the DOF had not read the Florence Agreement itself, but lawyers who themselves may be until recently unfamiliar with the Agreement would be more sympathetic. Besides, the language of Section 105(s) itself, deceptive as it is, appears to carry much of the blame for this controversy.

In one sense, the fact that this mess has barely penetrated the mainstream media has allowed some leeway for the DOF to back away from its position. For as long as the outrage has not yet reached critical mass, there would be time for the DOF to change its mind with minimum hassle and embarrassment on its part.

DOF Usec Sales -- Novels & Reading Books Are "Not Educational"

2009-05-10T12:54:00.001+08:00

From today's Philippine Star story (finally, mainstream media attention) on the furor over customs duties on imported books:

But [Department of Finance Undersecretary Espele] Sales reportedly brushed off this argument, saying novels and reading books are “not educational.”

I don't care whether she meant in a legal sense or in a real sense -- as a public official she should know better how her words would play out in public. That statement embodies the endemic problem we are facing. The people in power presume we are not a reading society, or do not see the virtue of promoting reading among the Filipino people. Even worse, people in power like Sales are themselves culturally illiterate, and cannot see the connection between cultural literacy and our advancement as a society. With statements like these, it is easy to see why many of us have gone beyond seeing this as a legal issue. This is emerging as a moral issue with near equivalence to a battle of good versus evil. Simply put, do we want people who think and act like Sales in charge of our national policies, steering our destiny as a nation?

Undersecretary Sales's e-mail address is esales@dof.gov.ph.

Interestingly enough, I Googled "Espele Sales", and virtually all the hits that popped up pertained to this particular controversy. As if she had no life, no track record, no tangible accomplishments outside of the book importation brouhaha. Of course, because her name is Estela V. Sales. My bad.

New Rules Concerning Registering Title to Unregistered Lands

2009-05-08T18:53:00.000+08:00

Heirs of Malabanan v. Republic was decided last April 29, and this case reexamined all the rules relating to the right to seek original registration of lands yet untitled under the Torrens system (i.e., alienable or disposable lands of the public domain). In particular, the Supreme Court established what are now the operative guidelines in seeking registration under Section 14(1) and (2) of the Property Registration Decree. These guidelines are summarized as follows:

(1) In connection with Section 14(1) of the Property Registration Decree, Section 48(b) of the Public Land Act recognizes and confirms that “those who by themselves or through their predecessors in interest have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of the public domain, under a bona fide claim of acquisition of ownership, since June 12, 1945” have acquired ownership of, and registrable title to, such lands based on the length and quality of their possession.

(a) Since Section 48(b) merely requires possession since 12 June 1945 and does not require that the lands should have been alienable and disposable during the entire period of possession, the possessor is entitled to secure judicial confirmation of his title thereto as soon as it is declared alienable and disposable, subject to the timeframe imposed by Section 47 of the Public Land Act.

(b) The right to register granted under Section 48(b) of the Public Land Act is further confirmed by Section 14(1) of the Property Registration Decree.

(2) In complying with Section 14(2) of the Property Registration Decree, consider that under the Civil Code, prescription is recognized as a mode of acquiring ownership of patrimonial property. However, public domain lands become only patrimonial property not only with a declaration that these are alienable or disposable. There must also be an express government manifestation that the property is already patrimonial or no longer retained for public service or the development of national wealth, under Article 422 of the Civil Code. And only when the property has become patrimonial can the prescriptive period for the acquisition of property of the public dominion begin to run.

(a) Patrimonial property is private property of the government. The person acquires ownership of patrimonial property by prescription under the Civil Code is entitled to secure registration thereof under Section 14(2) of the Property Registration Decree.

(b) There are two kinds of prescription by which patrimonial property may be acquired, one ordinary and other extraordinary. Under ordinary acquisitive prescription, a person acquires ownership of a patrimonial property through possession for at least ten (10) years, in good faith and with just title. Under extraordinary acquisitive prescription, a person’s uninterrupted adverse possession of patrimonial property for at least thirty (30) years, regardless of good faith or just title, ripens into ownership.

The decision recognized that in ruling that the declaration of alienability or disposability of public domain lands is insufficient to convert such property into patrimonial property, the right of registration under Section 14(2) has been significantly limited. At the same time, the decision called for legislation to remedy the problem, given the vast numbers of people who may be affected by the ruling.

There are two dissenting opinions, by Justices Brion and Chico-Nazario. They both focus on Section 14(1), which concerns the right of registration for persons able to establish possession of such lands since 12 June 1945 or earlier.

Will Henry Sy Ban 'Angels and Demons' from SM Cinemas

2009-05-07T14:47:00.001+08:00

As he did with The Da Vinci Code? The reviews from Vatican City are out. "[M]ore than two hours of harmless entertainment, which hardly affects the genius and mystery of Christianity", says the official Vatican newspaper, L'Osservatore Romano. "This time, with 'Angels & Demons,' the church is on the side of the good guys.", the paper adds. I'm willing to bet though that SM will end up more popish than the Pope and ban A & D, if only out of reflex action.

Reflecting on the Finer Things

2009-05-06T23:10:00.001+08:00

You never asked, but yes, this is my favorite among the many great vocal renditions of Ella Fitzgerald.

On How Corruption May Be Solved Through Repetitive Lyrics

2009-05-06T22:34:00.002+08:00

Check out this great essay by Bibliophile Stalker, concerning the duties on imported books. He makes the salient point that the larger issue behind the controversy remains the endemic problem of corruption. It set me off on a thought.

Many government agencies impose requirements for career advancement, such as completion of training seminars or even the acquisition of an additional college degree. These requirements are generally no hurdle for your typical corrupt government employee. But what if career progression were made dependent on your joining the in-house evangelical or charismatic community, and more importantly, your faithful attendance in the weekly 4-hour long prayer meetings.

Chortle you may. "X is religious, but also exceedingly corrupt!" True, religious affiliation is no guarantee to personal morality. Yet give it some thought. This isn't your hour-long weekly mass which you can zen out with ease. It is four hours of sermonizing, singing, hand-waving, slaying, testifying, singing, sharing, love offering, singing. To the genuinely unfaithful bombarded with the easy-to-digest message that your true self has a well-worn Lazy Boy occupied by Satan, it is torture which cannot be dismissed offhand. 52 times in a year (not counting the holy days), and something should break eventually. Think of it as Poe's Tell-Tale Heart, but with lite-rock music and grade-school lyrics repeated again and again.

Of course this idea is unconstitutional and full of holes. Nonetheless, a half-baked solution is better than the current state of things.

No More Newly Imported Books in the Philippines; the Reason Why

2009-05-03T23:39:00.002+08:00

(text of an e-mail I just composed)

This made me very very mad. You can help stop this outrage.

In the last few months, the importation of books into the Philippines has virtually stopped. (I've noticed it at Fully Booked) The reason why is explained in this McSweeney's article by Robin Hemley, a University of Iowa creative writing professor currently on a fellowship in the Philippines. If you have no time to read the article (and I suggest you do, and read his other dispatches as well), the essence is that because the Bureau of Customs has decided to impose duties on the importation of books into the Philippines.

This, despite the 1950 Florence Agreement on the Importation of Educational, scientific and Cultural Materials (which you can see here), which the Philippines ratified in 1979. The preamble of the agreement states: "Considering that the free exchange of ideas and knowledge and, in general, the widest possible dissemination of the diverse forms of self-expression used by civilizations are vitally important both for intellectual progress and international understanding, and consequently for the maintenance of world peace...", an indisputable proposition.

Towards that end, Article I(1)(a) of the Florence Agreement states:

"1. The contracting States undertake not to apply customs duties or other charges on, or in connection with, the importation of:

(a) Books, publications and documents, listed in Annex A to this Agreement;"

What does Annex A state?

"Annex A

Books, publications and documents

(i) Printed books. xxx"

Obviously, this new policy of the Bureau of Customs contravenes the Florence Agreement. More fundamentally, shunting aside the legalities, this is a tax on knowledge imposed by people who are not that smart. Only through intellectual progress can we have a fighting chance to succeed as a nation, and intellectual progress can only be possible in an atmosphere where information and ideas flow free and freely. And if you think that the problem will be cured by carving an exception for "educational books", then you are wrong. Ideas are not confined to textbooks -- they are steeped in fiction, non-fiction, poetry, pulp novels, and Mad Magazine. By no means, in 1887, would Noli me Tangere have been considered an "educational book", but it reeks of enlightenment and liberal ideas from which the reader can learn from. That is why the Florence Agreement is unequivocal in its prohibition of duties on books.

Please forward this or disseminate this in any way you can. In the name of reading.

UPDATE: Please read The Bibliophile Stalker's own take on the issue. He provides counterpoints to some of the factual statements in the McSweeney's article and on the practical impact of the duties, all of which are well worth considering.

I'd also like to add. With this issue, there has also been accompanying talk on how corruption may have motivated these customs duties. I think though that we should also consider, as a possible (if not more probable) factor, Republic Act No. 9335, passed in 2005. This law establishes a rewards and incentives system for employees fo the BIR and the Bureau of Customs if their bureaus exceed their respective revenue targets for the year. Certainly, this law highly motivates the BIR and the Customs personnel to increase revenue collections, and we have to be on the lookout that they do so without breaking the law.

Celebrity Tweets on Pacquiao-Hatton Fight (Updated)

2009-05-03T15:09:00.003+08:00

There probably are more, but these are what I've found on Twitter so far. In chronological order:

Jalen Rose: @james_frinzi this will be toe to toe...so mk sure u don't miss the intros!...I'm taking Pacquiao...

Russell Brand: Ok. Sat next to @iamdiddy at the Hatton fight. It's an undercard bout and one of the boxers and Diddy just winked at each other. He's down.

Sean P. Diddy Combs: At fight with my new best friend @rustyrockets!!! The energy is at an alltime high!!! Wish yall were here!!! Let's go!!!!

Russell Brand: This place is alive with Hatton fans- a mighty English army- there is chanting I am going to encounter pressure to join in.

Mariah Carey: This is quite violent..

Russell Brand: Ok. Now Jay Z has turned up and the fella @iamdiddy was winking at DURING THE FIGHT has won. Hatton next. This is an unusual situation.

Jason Richardson: Who u got Pacquiao or Hatton? I'm going with the homie Pac

P. Diddy Combs: Who's gonna win the fight???? Pac man or Hatton??????

Travis Barker: PAC MAN IS PUNISHING!!!!!!!!!!!!!!!!!!!!!!!!! D A M N !!!!!

Russell Simmons: Lots of people here 2 knockdowns wowowowo. This is a fight

Mariah Carey: Woah

Mariah Carey: "I can't even know what to say"

Brian Viloria: He is out! Manny Pacquiao wins!!

J.E. Skeets: Pac!

Nazr Mohammed: Oh my goodness. Hatton just got knocked out cold. Hope he's ok. Crazy!!!!! Didn't even put his hands down 2 break his fall. Damn!!!!

Jason Richardson: Told u so?

Mariah Carey: Unbelieveable.

Lamar Odom: That was a quick fight.

Sean Combs: Now that's a fuckin knockout!!!!! Damn!!!!

Brian Viloria: Brits are shocked...almost to tears...Filipinos really excited...

Russell Brand: I don't think I'll attend boxing again- it makes me feel a bit sad. Endless love to dear Ricky, he's a beautiful bloke.

Kristie Lou Stout: "Unbelievable. Manny just destroyed him." Manny Pacquiao defeats Ricky Hatton in 2nd round TKO in Vegas: http://is.gd/wg2P #news

The Fat Boys: Pacqiao wins by KO in 2 seconds? That fight was shorter than Candyman's career LMFAO

Andy Roddick: pacquaio is nasty.... fun to watch

Bobby Phats: Did Hatton ever wake up??? That dude probably needs reconstructive chin surgery. Damn!

Bobby Phats: Word is...Ricky Hatton's camp just called the police on Pacquiao. They said that wasn't no damn fight...it was assault!! #pacquiao

HappySlip: Lost my voice after 2 rounds of yelling for Pacquiao!! Congrats to the Pacman!!!

Jessica Hardy: Pissed paquio won. Hatton hatton!!!

Bobby Phats: LOL I just keep watching this Hatton knockout over and over. That shit was brutal. Now, Mayweather needs to beat Marquez and it's on!!!

Brian Viloria: At the Pacquiao after party! Manny singing right now on stage...

In addition...

Steve Nash: Pacquiao is the best on the planet. Can we please have Floyd Mayweather Jr v Pacquiao?!

Steve Nash: Big love to all my Filipinos for the AMAZING PACMAN! Love how u support him. I wanna be an honorary Filipino! How do I earn my stripes?

Did a Department of Tourism Coffee Table Book Plagiarize Wikipedia?

2009-05-01T13:31:00.001+08:00

Via The Coffee, reports that a new coffee table book published by PDP Digital and our own Department of Tourism may just have lifted entire passages verbatim without attribution from Wikipedia articles on individual provinces in the Philippines. You can read about it here. There may be a perception that Wikipedia articles enjoy no copyright protection. In fact, Wikipedia articles are copyrighted automatically under the Berne Convention and formally licensed to the public under a GNU Free Documentation License. Under this license, all previous authors of the work must be attributed.

This is the second instance of tasteless lifting from Wikipedia I've noticed this week. When Paraluman died last Monday, the ABS-CBN online report on her death stated, rather daftly, that she was a contemporary of both "Fernando Poe, Sr. and Marlene Dauden". I was bemused by that highly eccentric joinder of names and the somewhat skewed perspective, moreso since Paraluman and Dauden did not seem to have any notable connection. (FP Sr., on the other hand, supposedly gave Paraluman her screen name, and ABS-CBN cited Wikipedia in reporting that claim) True enough, Paraluman's Wikipedia entry at the time of her death did provide the Paraluman-Dauden framing device, which ABS-CBN should have ignored when it prepared its own report. (Speaking of skewed Wikipedia entries, Marlene Dauden's is a stunner)

Last year, I was reading an Inquirer opinion column on the founder of the U.P. College of Law, George Malcolm, whose Wikipedia article I created. I noticed that the sequence of biographical tidbits were highly familiar, and true enough, they were drawn from Malcolm's Wikipedia article. Nonetheless, Mr. Tan apparently strove with the aid of his thesaurus to rephrase the article's sentences, interjecting his own insights here and there, and I had no issue at all with the intellectual integrity of his column.

Time Mag: Pacquiao 22nd Most Influential Person in the World (Obama #37)

2009-04-27T20:30:00.002+08:00

In addition, Manny Pacquiao also received the most votes cast in the 2009 Time 100 poll, with over 20 million votes (popular vote runner-up moot of 4chan got 16million+ votes, but was anyway ranked the most influential person in the world). Results are here.

WHO: Initial Findings Swine Flu Responds to Tamiflu

2009-04-26T20:27:00.002+08:00

The WHO has reportedly announced that the dreaded multi-strain swine flu is initially responding to Tamiflu, which is made by Roche. Already, Texas Governor Rick Perry has ordered over 37,000 doses of Tamiflu for his state.

How is the stock of Tamiflu in the Philippines? Apparently just last November, the Philippine government received over 75,000 courses of Tamiflu from the government of Japan. In 2005, in preparation for the then-feared bird flu pandemic, Roche gave the Philippine government the go-signal to begin making its own version of Tamiflu, and it was announced then by the Philippine International Trading Company that the government was working in partnership with Unilab for the production of Tamiflu.

In Search of the Tomb of Francisco Balagtas

2009-04-20T11:56:00.000+08:00

Where is Francisco Balagtas buried? His grave, it seems to me, is a pilgrimage-worthy site especially given his stature in Philippine literature, but I've never heard it mentioned before, and Google offers almost no clues.

By all indications, Balagtas died on 20 February 1862, at Udyong (now Orion), Bataan, where he had settled down and raised his family sometime in the 1840s. Presumably, he remains buried there. He apparently was involved in local town politics, so he was of sufficient prominence that they would have buried him in a grave of his own. There is a cemetery in Orion, but it is named "Evergreen", so its provenance back to the time of Balagtas is quite doubtful.

Assuming he was buried in the town's public cemetery, there is little chance that his grave survives, owing to that habit of public cemeteries digging up the dead after 50 or so years and cremating the remains or reburying them in mass graves. (For that reason, you do not see any graves of Filipinos who died before the 1860s or so) There perhaps would be a better chance if he were interred inside a church, but considering his anti-clerical bent, chances are Balagtas would not have consented to be buried in one.

This would make a great documentary subject.

Bravo to the Philippine Daily Inquirer

2009-04-15T18:31:00.005+08:00

For soberly reporting so far on the facts surrounding the shooting of Ted Failon's wife, and ignoring the "requests of privacy" requested by ABS-CBN in behalf of the Failon family. Requests for privacy should be ignored if (a) a crime is involved; or (b) a prominent personality is being sought for questioning in connection with the possible crime. So far, ABS-CBN News, GMA News, and RPN Newswatch have been timid and vague in their reporting, merely noting that Failon's wife had been shot and the "requests for privacy".

The reporting of the Inquirer is hardly sensationalistic, even if it hints at a sensational story. All it reports is (a) Failon's wife sustained a gunshot wound to the head; (b) Failon himself brought his wife to the hospital then left his wife in the hospital; and (c) the police are looking for Failon for him to shed light on the incident.

UPDATE: Philippine Star reports "unidentified suspects" in shooting of Ted Failon's wife, and that shooting occurred at 10:30 a.m. Failon's radio show with Korina Sanchez ends at 10:30 a.m., though I don't know if that were the case today.

UPDATE#2: TV Patrol reports fight between Failon and his wife while inside car, then somehow his wife was shot inside the car. But the news report ended with an account of Failon's version, him saying that he discovered his wife shot inside a bedroom in their home.

UPDATE#3: Inquirer now reporting the discovery of "an apparent suicide note"

Angelina Jolie, Brad Pitt Reportedly to Adopt Filipino Baby

2009-04-12T22:10:00.000+08:00

Please Lord God let this be true, please Lord God be this be true:

Superstar couple Brad Pitt and Angelina Jolie now plan to adopt their next baby from the Philippines.

The couple changed their plans after they were not allowed to adopt a Burmese baby, reports dailymail.co.uk.

From the Hindustan Times. If Brangelina is serious, they should consult Republic Act No. 8043 (The Philippine Inter-Country Adoption Law) as well as the Philippine Rule on Domestic Adoption.

On Hiding Facebook Quiz Results

2009-04-10T21:26:00.000+08:00

The backlash against the new Facebook format (on which I am quite neutral) has been intense, especially with the unfettered publication of quiz results of your friends. Many a status update has professed irritation over these quizzes, or crowed about learning how to hide these results.

Some may very well be driven by annoyance over the aesthetic clutter, though the old Facebook design was hardly a triumph of minimalism. But I fear that much of the resentment really delves into an unrealized disagreement with the essence of Facebook over the essence of friendship. Facebook casually labels someone whom you shared a class with in Grade 5 as a "friend", then operates from the premise that you genuinely enjoy interacting or learning more about your friends. Most of the quizzes that populate Facebook are poorly thought out and plagued with bad grammar, but a few of them do offer genuine insights on the people whom you acceded Facebook to identify as your friend. For the most part, I don't mind reading the quiz results of people whom I consider friends, though this may also be in part because I thrive best when surrounded by an overflow of information. But the times when I get annoyed by a quiz result that pops up, it usually derives from someone I marginally know, or do not know at all (I do have a few of those in my "friend" list).

Philippines Removed from OECD Blacklist

2009-04-07T19:49:00.001+08:00

So reports the BBC. Malaysia, Costa Rica and Uruguay have been removed as well. The OECD cites these four countries for making a :full commitment to exchange information to the OECD standards."

World's Oldest Person Votes for Obama

2009-04-07T11:46:00.001+08:00

I hope to live to see the day when the first Filipino of Chinese-Spanish-British descent is elected President of the Philippines.

Smile-Inducing Camera Choreography

2009-03-31T21:04:00.000+08:00

I'm not a fan of ABBA, but much a fan of intricate camera movements and long tracking shots (I sat through Russian Ark!), so I enjoyed this much more than I expected. The "magic" begins around 0:24.

Estate Tax Repeal = More Deaths?

2009-03-31T17:59:00.000+08:00

The great Nate Silver (and we need our own Nate Silver more than we need our own Obama) links to an interesting study conducted in Australia on the 1979 repeal in that country of inheritance/estate taxes (the tax due on the estate of the recently deceased before it can be distributed to the heirs), and the number of reported deaths immediately before and immediately after the repeal of the tax. The study (PDF) concludes that there was "a statistically significant effect of the abolition of estate taxes on the number of deaths", mainly that more people were reported to have died in the days after the tax was abolished than in the days immediately before. The study concedes what should be obvious -- that the statistical aberration may be due to the delay (and falsification) in reporting the date of death, in order to avoid the payment of the estate taxes.

The study may have some significance in the United States, as Mr. Silver points out, because of a quirk in the US estate tax law where the tax would be absolutely repealed in 2010 before being restored to a rate of 55% in 2011.

I personally believe that in theory, the estate tax is among the most fair and equitable of taxes (moreso than the income tax even). At the same time, especially in the Philippines, estate taxes have caused untold hardship to the heirs. Not only because its payment in cash is required before the distribution of the estate, but also because many of the assets of the estate (which in theory answers for the tax) are in the nature of real properties or otherwise illiquid. Right now, the Tax Code allows the extension of the period of payment for around 5 years, but that still is inconvenient to the heirs who would of course want the immediate distribution of the estate.

Why not allow the payment of estate taxes to be accomplished by securing a real estate mortgage over any real property of the estate, in the amount of the estate tax due, from a government financial institution? It would be proper to impose interest, but it should be minimal. There really is no good reason to hold up the distribution of the estate because of estate taxes. The strong possibility is that once an heir has acquired properties from the estate, she/he would be able to develop these to generate more income, resulting in more internal revenue collected by the government. In contrast, if the properties remain in the name of the estate, they tend to remain stagnant because of the need to obtain consensus among the heirs on how to develop the same.

On Linux Styled for Philippine Government Offices

2009-03-20T11:40:00.000+08:00

Inquirer reports that a special "Bayanihan Linux for Government" has been prepared, including a bundle of open-source software such as K Desktop environment, OpenOffice, Mozilla Firefox, XVidCap and the MPlayer.

I am skeptical. From experience, I can tell that the learning curve for many of these programs (especially OpenOffice) is quite steep, especially for old government hands too steeped in MS Word and other Microsoft standbys. OpenOffice has an especially clunky footnote format system which is unsuitable for the mass production of legal documents, which tend to be footnote heavy.

On Killers Who Sing at Their Victims' Funerals

2009-03-20T07:45:00.000+08:00

I chanced upon this passage from Sef Gonzales's Wikipedia page:

He claimed to police that he had discovered the bodies when he arrived home, and that he had chased off intruders. Gonzales sang "One Sweet Day" at the funeral, and appeared on television asking for the killers to come forward, saying that he wanted justice and offering a reward for information.

Sef Gonzales, you might recall, was the 21-year old Baguio-born immigrant to Australia who was later convicted of killing his father, mother and younger sister. The details from Wikipedia and the court decision convicting him are much more heinous than I had realized. But offering a song number during the funeral of your victims just adds an extra layer of evil. There may be a rational reason for doing so -- to evade suspicion -- but the gall, the cold-hearted compunction it must for take for the killer not just to speak, but to sing, to convey to the grieving through art a fraudulent sense of loss that you yourself are responsible for. Simply incomprehensible.

In a similar vein, seemingly taken out of the Regal Films playbook, is what happened during the wake of an 11-year old Cebuano boy who was raped and killed in 1996. Taken from the Supreme Court decision convicting the killer:

On 9 December 1996 at around 1:00 o'clock in the morning a person acting suspiciously but unknown to the [the victim's parents] went to the wake. There he created a spectacle of himself by reciting poems for [the boy] and singing the theme song from the movie "The Lion King," and giving emphasis to the word "surrender." [The boy's father] reported to the authorities the unusual behavior of their "uninvited guest." The police immediately went to the [family] residence to observe the person. They invited him to their headquarters for further observation and questioning. He went with them voluntarily. He was identified later as herein accused-appellant Ralph Velez Diaz.

Ralph Velez Diaz was convicted for the murder, escaping the death penalty only because of a defect in the information.

My New Blog

2009-03-18T14:48:00.000+08:00

The timeline:

6:38 PM: (on YM) "Just thought of a great blog title: 'The Explanatory of Self'." Better than "Age of Brillig".

6:40 PM: Google reveals only two hits for "explanatory of self", as in "explanatory of self-care" and "explanatory of self-neglect".

6:42 PM: http://explanatoryofself.blogspot.com/

Don't know what I'll put in this new blog. Probably the pseudo-literary stuff.

Magalona Home Robbed During Francis M.'s Wake

2009-03-18T13:30:00.000+08:00

Buried in this ABS-CBN story about unauthorized Francis M. tribute shows is this appalling tidbit:

Pia also confirmed reports that thieves broke into their house during the wake of Francis.

She said that it happened for two consecutive nights. She said that on the first night, things of her youngest child like PSP, laptop and cellular phone were taken.

On the second night her cellular phone, Francis' PSP and things of her other son were robbed.

I am thankful that Ms. Pia had the wit not to invoke that old trope about "pinaglalaruan lang sila ng patay." I'm certain that many of you, myself included, would have stories about losing personal effects at around the time of a loved one's death. Still, the assumption of the more logical reason by the Magalona family is refreshing, especially in the annals of local showbiz reporting.

My Head Trauma Anecdote

2009-03-18T11:20:00.000+08:00

Newer accounts of Natasha Richardson's awful, apparently fatal accident have triggered memories of an accident I sustained around 20 years ago which I now realize was more dangerous than had seemed to me then. It now appears that Ms. Richardson, who tumbled down a hill during a skiing lesson, was able to walk away from the scene with no visible injuries, laughing and joking, refusing to see a doctor. She started to suffer a headache about an hour after, and quickly decline thereafter.

I was in sixth grade during my own accident. One Friday, a few of us were sent out to lunch earlier than the other kids. As the covered courts were then empty, I exploited the opportunity and started running around. I had recently seen a Ripley's Believe it or Not strip about the man with the world record for running backwards, and I decided to try beat that record. I did not realize then the physics involved in such a venture, and merely assumed it involved running as fast as you could, but backwards. So off I went into a blazing start, and off I fell head first.

I remember hearing the sickening thud, laying still eyes closed for a while, and a voice from a distance saying "buti nga!" (I remember who said it, and will remember that for the rest of my life.) I was helped up, but was able to walk unassisted to the clinic. Save for a gash on my arm, no external injuries, and I thought the clinic would bandage my wound and that was that. I felt fine, even giddy at having survived such a stupid ordeal with no apparent consequence.

When the doctor learned though that I had smashed my noggin onto the sun-baked concrete pavement, she told me I had to stay put, and under no circumstances was I to fall asleep. She also called my home, and when neither parent was present, left word that they were to rush to the clinic pronto. I spent the next three hours lollipop in hand or mouth, lollygagging around the clinic under the care and comfort of the elderly head nurse, a very warm and very fat lady who was the mother of a retired PBA player (both mother and son are since deceased). My exuberance over missing afternoon classes was soon replaced by the same boredom had I attended classes, save the stench of isopropyl alcohol.

When my mom finally arrived, around three hours had passed since the fall. The doctor was insisting that it remained advisable I be rushed to the ER and perhaps kept overnight for observation. I said I was fine, didn't want to go to no steenking hospital, and that was on one level a smart decision since these were the good old days when there was yet no state medical insurance. They finally reckoned that if I was fated to die, I would have done so lollipop in mouth an hour or two earlier. I went home, added the fall to my list of stories, and avoided any near-fatal accidents for the next 18 years, until the day my leg fell through the platform gap just as the doors of the EDSA MRT were closing. (spoiler alert: I survived)

I now realize that the clinic then was worried what is called "talk and die syndrome", which Ms. Richardson is believed to have suffered. Reading about it is quite shattering to self-confidence, and probably sets a rule that as long as you bump your head, you seek medical attention immediately, regardless how much you insist otherwise.

34-Year Old DJ Poised for Violent Ascension to Madagascar Presidency

2009-03-17T09:05:00.000+08:00

You are a 34-year old DJ and events organizer. Do you have any realistic chance to immediately assume the presidency of the United States? No you can't! So, goodbye America and hello Madagascar, the new land of equal opportunity. Aforementioned DJ and events oganizer Andry Rajoelina, who at 34 is six years too young to run for the presidency of Madagascar, is anyway poised to claim power via an old-fashioned coup d'etat (though the current president, Marc Ravalomanana, has vowed to fight to the death).

At 34, Rajoelina will be among the youngest heads of state in the world (though older than the King of Bhutan), and quite plausibly the first ever non-monarch world leader to have played with a He-Man action figure as a child. Some perspective. In 1967, Omar Bongo assumed the presidency of Gabon at the tender age of 31. Some 42 years later, Bongo remains in power, still spry at 73.

Rajoelina will inspire not only DJs and event organizers with directionless lives, but also a lot of lazy would-be Obamas around the world, the ones who do not want to bother with community organizing, inspiring people, building up electoral majorities, etc. Yes we can!

Service of Summons Through Facebook

2009-03-16T12:26:00.000+08:00

In a landmark ruling that is of little consequence to the Filipino legal community, the High Court of New Zealand approved the service of legal papers through Facebook on a defendant in a civil suit. The report from AFP.The defendant, Craig Axe, was believed to be in Britain, hence the difficulty in serving him legal papers through conventional methods. Counsel for plaintiffs asked the High Court to be allowed to serve the papers through Facebook, and this was allowed by the New Zealand High Court.

I'm too tired to find out, but I'm not sure whether Facebook accepts attachments, such as the PDF file of those papers. Will the plaintiff have to type out the complaint and send it as a message or post it on Craig Axe's wall? If I were Craig Axe though, I'd manifest receipt of papers through a status update: "Craig Axe got served!"

I doubt if such a ruling can be accommodated under the Rules of Procedure in the Philippines, which specifically relies on the registered mail system. If the defendant cannot be found in the Philippines, extraterritorial service (which involves publication in a newspaper) may be resorted to, as well as service by publication if the whereabouts of the defendant are unknown (see Sections 14 & 15, Rules of Civil Procedure).

Ron Silver (1946-2009)

2009-03-16T11:14:00.000+08:00

Ron Silver, who died today aged 62, would likely take as a compliment that he was among the Hollywood actors most skilled in playing slime to grace the screen in the last 20 years. For me, his creep factor went way up when the formerly liberal actor delved deeply in right-wing politics after 9/11. His political shift though most certainly enhanced his abilities, most evidently in The West Wing, where he stood out as the one unquestionable black hat in the angelic Bartlett White House. Whenever Bruno Gianelli appeared onscreen, he managed to drag down that high-minded show to the realpolitik level.

I last saw him on an a rather clever episode of Crossing Jordan, where he played an especially satanic defense attorney who ostensibly underwent a Scrooge-like transformation during a near-death experience, but not really. The first time I saw him was in a more heroic-lawyer vein (not really), as Harvard Law professor Alan Dershowitz, who defends Claus von Bulow (Oscar-winning Jeremy Irons) in the underrated Reversal of Fortune.

Several Injured at America's Next Top Model Auditions

2009-03-15T10:58:00.000+08:00

As with Dick Cheney shooting a 78-year old man in the face, this is funny because nobody died. 6 injured, according to CNN, but I prefer the account of the tabloidish New York Daily News, in verse that would do Hitchcock proud:

Screaming as they ran for their lives, hundreds of hotties in heels toppled over barricades along W. 55th St. after several people in the crowd started yelling, "There's a bomb!"

Short people may be to blame, hints to the NYDN:

The audition for the The CW show, which for the first time was open to women under 5-feet-7, was doomed from the start, several said.

A passage from the New York Post account is in similar vein:

Casting manager Lisi Alpert said the network was unprepared for the deluge of wannabes, saying "we've never had this many girls before" and attributing the big crowd to the relaxed height rules.

Randy Newman must be thrilled over this moment of validation.

Beyonce Fans Stupider Than Pearl Jam Fans -- Study

2009-03-14T19:51:00.000+08:00

Courtesy of Ben Greenman at the New Yorker, the Greatest Study Ever!! 113 musical artists ranked according to the intelligence of their fans. A CalTech Ph.D. student named Virgil Griffith prepared the survey, and he explains how he arrived at the rankings:

1. Get a friend of yours to download, using Facebook, the ten most frequent "favorite music" at every college via that college's Network Statistics page on Facebook (manually -- as not to violate Facebook's ToS). These ten "favorite musics" are perhaps indicative of the overall intellectual milieu of that college.

2. Download the average SAT/ACT score (from CollegeBoard) for students attending every college.

3. Presto! We have a correlation between musical tastes and dumbitude (smartitude too)!

Music <=> Colleges <=> Average SAT Scores

4. Plot the average SAT of each "favorite music", discarding those with too few samples to have a reliable average.

5. Post the results on your website, pondering what the Internet will think of it.

Unscientific? Almost certainly. Debate-provoking? Intensely. Some thoughts.

Beethoven has far and away the smartest fans, but "classical music" buffs are among the dumbest, probably because those who are not discriminating enough to cite particular composers instead of saying "classical music" are probably not that bright.

Norah Jones are way way smarter than "jazz" fans. Profoundly disturbing, though see above for possible explanation; also could be that the Kenny G. enthusiasts pull down the score.

Beatles fans are smarter than those of Coldplay, but not by much, and Radiohead fans are more intelligent than those two others. Seems about right. Not so much the Foo Fighters being considerably outranked by the Dave Matthews Band.

I'm surprised that Cake is only in the middle of the list, they have had this slightly nerdy, too hip for school cachet (though less so than TMBG, which is not among the ranked). Jack Johnson fans are supposedly smarter -- I guess the "sea breeze" does some good to the brain.

I never thought I would ever say this, but Mr. Timberlake is a way more interesting artist than either Kelly Clarkson or Josh Groban, and at least somewhat more interesting than John Mayer. What gives?

The hip-hop genre seems arranged just right, with Outkast and Kanye leading the pack, while Li'l Wayne dragging the rear.

I have never heard of Sufjan Stevens, whose fans are the second smartest set. What I've checked out on YouTube is interesting enough.

The rankings are also arranged according to genre. Enjoy.

Adam Lambert = Mandy Patinkin

2009-03-13T12:01:00.000+08:00

I haven't really followed this season of American Idol, but I have seen enough. Let me be the first to say that Adam Lambert is a young Mandy Patinkin. The resemblance, while not exact, is there. Lambert has that Broadway/showtunes background which seeps in his performances, no matter how hard he tries to go the other way.

Lambert probably won't win Idol (then again, Taylor Hicks), but he's bound to have some sort of career in showbiz. Will it be as mercurial as Patinkin's, devoted to tormenting the Thomas Gibsons of the mid-21st century? Whatever happens, Lambert does appear to have sufficient flamboyance to pull of a line such as "Hello. My name is Inigo Montoya. You killed my father. Prepare to die."

The Fun-Filled Flag and Heraldic Code of the Philippines

2009-03-11T21:25:00.000+08:00

AKA The Law That Quantifies Your Love of Country. Amendments have been proposed (which you can read here, PDF format). Much to nitpick about it, like whether it is consistent with the spirit of Ebralinag (see Section 25), or whether it can lead to our own Texas v. Johnson (see Section 34a). But I have one special gripe, one that boils my blood. Section 37.

The rendition of the National Anthem, whether played or sung, shall be in accordance with the musical arrangement and composition of Julian Felipe.

The proposed amendment is even worse.

The rendition of the National Anthem, whether played or sung, shall be in accordance with the musical arrangement and composition of Julian Felipe, the original copy of which is officially kept at the National Library of the Philippines, in Two/Four (2/4) beat within the range of 100 to 120 metronome.

Now, I'm corny enough to say I love our national anthem, that I get goosebumps when I hear it at appropriate moments. Better than that old drinking song Americans mangle with glee, than that feckless tune that Canadians manage to eep out. But a few things to keep in mind.

First. As made clear by the amendment, Lupang Hinirang was designed as a march. Sousa march, Colonel Bogey march. That is why it had no lyrics. The "musical arrangement and composition of Julian Felipe", as played in Kawit, Cavite on June 12, 1898, was not designed for singing. The original lyrics came one year later, courtesy of Jose Palma.

Second. Wikipedia says: "In the 1920s, the time signature was changed to 4/4 to facilitate its singing and the key was changed from the original C major to G." Mira! That "musical arrangement and composition of Julian Felipe" in 2/4 glory? Not designed for singing.

Third. The obvious purpose of the law is to maintain fealty to Tierra Adorada in its original conception. For the government of Emilio Aguinaldo. Who consolidated power after having Bonifacio executed. Who bluntly named himself "Dictator of the Dictatorial Government". If we are all for historical accuracy, it is Aguinaldo's vision of the Philippines, and not our current democratic system which Tierra Adorada in 2/4 beat glory celebrates.

Fourth. And yes, we are a democracy, with freedom of expression and all, freedom to celebrate our love of country in the manner that we see fit and not in the way our government dictates us to under threat of imprisonment or fine. What better symbolizes the Philippines? A free-flowing interpretation of Lupang Hinirang made with the benefit of the artist's inherent and guaranteed right to freely express herself/himself? Or a military march, deviation from which is sanctioned with military-style discipline.

Here's a version of Lupang Hinirang made in defiance of the Flag and Heraldic Code. Its arranger and singers are, under the Flag and Heraldic Code, liable for public censure, fine or imprisonment. So what if this version gets you teary-eyed, evokes the memory of martyrs like Rizal and Bonifacio, enraptures you over the talent of Filipino singers, makes you appreciate your nation even just a little bit more. (I overestimate the quality of that version, but you get my point)

Changes for the Next Bar Exams

2009-03-11T10:53:00.000+08:00

Last February 3, the Supreme Court of the Philippines approved changes beginning with the 2009 bar examinations. Each bar subject is now divided into two parts, with two different examiners for each part. The time allotment and weight of the subjects though remain the same.

The text of the Resolution (B.M. No. 1161) is apparently unavailable at the Supreme Court website, but it may be found at The LawPhil Project of Arellano Law.

Chimp Able to Premeditate Murder of Hundreds of Humans

2009-03-10T17:08:00.000+08:00

Scary news from the BBC:

A male chimpanzee in a Swedish zoo planned hundreds of stone-throwing attacks on zoo visitors, according to researchers.

Keepers at Furuvik Zoo found that the chimp collected and stored stones that he would later use as missiles.

Further, the chimp learned to recognise how and when parts of his concrete enclosure could be pulled apart to fashion further projectiles.

The findings are reported in the journal Current Biology.

Soon, we foolish humans will pay for our flippancy.

Tullio Pinelli (1908-2009)

2009-03-09T18:53:00.000+08:00

A few words in praise of Tullio Pinelli, the Italian screenwriter who died aged 100. Pinelli is most associated with Federico Fellini, for who he scripted such films as La Strada, La Dolce Vita, and one of my favorite films of all time, 8 1/2. Pinelli was a lawyer, but that aspect rarely reflected in his films, unlike Kieslowski's choice screenwriter Krzysztof Piesiewicz whose scripts reek of lawyer, but in a very good way. (Need artful penance this Holy Week? See Dekalog, all of it.)

8 1/2 is an extremely polarizing film, affection for which strongly depends on how grounded are your feet to earth when you see it. It still though perfectly captures the eccentric, formless process by which an artist creates art. There is no mythology assigning to Pinelli authorship over 8 1/2 (unlike Citizen Kane), and it can be argued that Nino Rota's immortal score is more indispensable in defining 8 1/2. I'd expect though that Fellini's vision would not have materialized without his trusted collaborator by his side, even if he may have wanted him hanged at times.

After Fellini died in 1993, I dutily read his New York Times front-page obituary at the Jefferson Library, then handed the paper to the article photocopied. The lady running the Xerox machine saw the news, and exclaimed, "Huh? Namatay na siya?!" We had a nice chat for a few minutes, and I learned she had been a film buff in the 1960s. It did cross my mind that the apparent career path of film buffs of the 1960s ended with operating Xerox machines in libraries 30 years hence. A few years later, I enrolled in law school.

93-Year Old YouTube Celebrity Chef

2009-03-09T07:33:00.000+08:00

Via the excellent NPR: Monkey See blog by Linda Holmes (formerly Miss Alli from Television Without Pity), recipes from the Great Depression demonstrated on YouTube by 93-year old Clara Cannucciari. The novelty is not only due to Ms. Cannucciari's age, but also because Depression-era cooking (i.e., ingredients foraged from the garbage dump) is, in this era of the New Great Depression, bound for a comeback as with all things 1930s. (Hugh Jackman/Bernadette Peters = the new Astaire/Rogers) A DVD compilation will be out soon and will probably sell well, unless people will have to pawn their DVD players in order to afford these meals thereby leading to a O.Henry dillemma with a technology twist. Her success will only stimulate the hand model sector. In the meantime, enjoy this Depression-era miracle of Cooked Bread courtesy of Ms. Cannucciari:

The Assassination of Lee Iacocca

2009-03-08T16:40:00.000+08:00

Don't expect any extended thoughts from me about Watchmen until after I have seen the film again, and after I've completed reading all volumes of the comic book. I'll need to undertake some serious internal examination of conscience before I can assert without shame, my gut feeling that the film is one of the masterpieces of the 21st century and of the third millenium, save for the trite use of the most obvious pop music hits as ironical counterpoints. (The Times They Are A Changin'', really? Still, can you name another opening credit sequence that matches in scope, ambition and wit?)

A few words though about the "cameo appearance" in the movie of Lee Iacocca, whose consent was not obtained by the filmmakers, and who reportedly is quite displeased over having his film self on the receiving end of a bullet sailing arty slow-mo fashion right between his eyes. Iacocca, now 83, is more or less out of the public eye, but the car executive was a big deal folk hero in 1985. credited with saving Chrysler from doom. In 1985, there was widespread clamor for him to run for the presidency in 1988, and indeed he was one of the featured presidential candidate choices in President Elect: 1988 Edition, one of the very first computer games I owned.

I had a good chuckle over the Iacocca interlude, thinking, wow Alan Moore had balls when in 1986, he dared depict the murder of one of America's then popular would-be presidents. I have since though skipped over to the pages showing the slay attempt on Adiran Veidt, and true enough, no Mr. Iacocca. All credit then to Snyder/Hayter/Tse, though the choice seems now less bold and more perverse. It still is though in harmony with the film's alternate history, which tries as much as possible to accomodate actual history. (again, those opening credits. Pure glory!)

I would say though that the Veidt assassination sequence in the film is better than it is in the book, as are some other sequences. Perhaps those like me who would have seen the film first before reading the comics may be well-positioned to advance the heresy that the movie is better than the graphic novel. (Giant squid?!)

Francis M.

2009-03-06T14:15:00.003+08:00

It's 1990, and you're 13/14. A casual music listener, stuck with what's mostly aired on WKC or WTM, no earning capacity yet to buy your own tapes at Odyssey. The FM airwaves are populated mostly with Top 40 hits from the U.S. or the U.K. What you are familiar with as Pinoy music -- Apo, Yoyoy Villame, Florante, Freddie Aguilar, Asin -- you can appreciate to varying degrees, but you feel no allegiance to that music, no sense it belongs to your generation. Even at that age, you feel them too jokey, too preachy, too slow, too folksy. And you are too young and too suburban to have yet waded through the great Pinoy rock of the 70s.

Francis Magalona steps in. You had known him as a juvenile matinee idol, one of many. Did some rapping on Loveli-Ness, sounding too slavish an imitation of the American product, with an accent too affected, so you hadn't bothered. Then his string of hits stream out. Gotta Let 'Cha Know - catchy. Cold Summer Nights - slick and suave. Mga Kababayan Ko! - colloquial, effusive, perhaps the last great burst of post-EDSA 1 Pinoy pride. The older folk hate it all -- rapping is not music, it's incomprehensible talking. You wedded in the mainstream you are just giddy. No Pinoy artist you have heard like him before, who sounded as young as you feel.

Years pass, you enter college, ride on the hipster bandwagon, develop a mild antipathy towards earnestness and the mainstream music scene. Mga Kababayan Ko! now sounds to you like Soviet-sponsored rap music -- just a hint of rebellion to let loose some steam, but not authentic enough to earn some serious street cred. But you never develop any disdain for Francis M. His music remains interesting throughout the years, even if painfully earnest at times. Occasionally, you argue with friends who have dismissively written him off as a pale white knock-off that he was a way more intriguing artist than meets the eye, than what his osmosis into the Eat Bulaga universe might seem to betray.

He died way too young, with kids way too young to lose a father. The internets will erupt with outpouring of grief from Filipinos around the world with a keener sense, a different sense of loss than I feel. I'm quite sad that we won't be hearing more of his art, and that a distinct voice from my youth had passed on.

Francis M dead at 44 -- ABS-CBN News
Leukemia-stricken Francis Magalona passes away at 44 -- GMA News

Tonya Harding Denounces President Barack H. Obama

2009-03-06T04:54:00.000+08:00

Comedian Destroys Famed Cable Channel

2009-03-05T19:27:00.000+08:00

It will be forever impossible to take CNBC seriously after watching this:

The Daily Show With Jon StewartM - Th 11p / 10c

CNBC Gives Financial Advice

Daily Show Full Episodes
Important Things With Demetri Martin

Political Humor
Joke of the Day

Some Fun Facts About Friendster, Circa 2009

2009-03-05T18:49:00.000+08:00

For Slate, David Roth investigates Friendster circa 2009, as passe in America as Monica Denise Arnold. A useful article, especially if one were inclined to update Friendster's entry in Wikipedia with referenced sources. Surprising facts emerge:

Friendster still attracts investors, receiving a $20 million cash infusion last August.
Friendster is still buggy, spam-infested and moribund in the United States (except for "Asian-Americans in California or gay men, for whom the site has become a popular dating network.")
Friendster is estimated to be as popular in Asia as Facebook and MySpace combined. Of 30 million unique visitors in December 2008, 28 million came from Asia.
Friendster is expanding operations in Singapore and the Philippines. In the Pinas, "90 percent of the Internet-enabled population has a Friendster page."
"More than 100,000 users still join Friendster daily..." I was at first shocked by the figure before I realized that this totalled only to around 36.5 million new users in a year.
Choice quote: "If you're in the Philippines and doing your social networking on Facebook, you're probably awfully lonesome." That's news to me.

I myself logged on yesterday to my Friendster account for the first time in months. Thought about deleting my account, but figured why bother with blissful stasis. Good to learn from Slate that Filipinos are actively working to stimulate one sector of the American economy.

Fil-Am Priest Touted as Next Superstar Chef

2009-03-03T20:38:00.000+08:00

His name is Fr. Leo Patalinghug, once a breakdancing champion, and he is featured in a front-page story in today's Washington Post. Both The Food Network and PBS have plans of putting him on air, while there are a bunch of YouTubes of him (see below for his Tilapia with Caper Mustard Sauce over Angel hair Pasta). I myself prefer a priest who heals through cooking than the more generic "healing priest" types.

A Strange Incident I Witnessed

2009-03-03T13:31:00.000+08:00

Just moments ago, I ordered some Chinese for take-out at the mall. I waited at the side of the counter where they released the orders, and soon enough the cooks told me my dish was ready. They shouted out to the cashier to come over and hand me my canned soda. The cashier runs over to the side of the counter where I stood, and bent down to open the chest where they kept the soda. As he was stooped over, foraging the chest, one of the cooks stands beside him, out of his line of sight, arms raised holding a plastic tray he was obviously intending to smash over the cashier's head. The cook had a weird smile. He noticed that I was looking at him, and we exchanged glances briefly before he proceeded to bonk the cashier on the head with the tray. The cashier staggered, regained his footing long enough to hand me my Sprite, then gave this I-am-going-to-kill-you look at the cook. The cook, as was his fellow cook, were laughing, but the cashier just kept on staring at them, murder in his eyes. So I left.

Moral: Practical jokes staged for the benefit of restaurant patrons are more or less ignored.

How the Proposed Right of Reply Law May RUIN YOUR LIFE

2009-03-02T22:02:00.000+08:00

You see Jackie Lou Blanco shopping for groceries, more or less ignored since it has been years, and notice that she has grown fat. So you arrive home, log on to Facebook, remember the sight of a more buxom Jackie Lou, and type in your status update: "I saw Jackie Lou Blanco at the grocery, and boy is she fat!" One of your friends clicks "like this", while another comments "hahaha! ang tagal ko nang hindi naririnig yung pangalang iyan!" And so your Facebook page remains for the next few hours until you spill cocoa on your rug and change your status update to something mundane like "I don't know how to clean a rug."

But for some reason, perhaps alerted by her kids or a favorite niece, Jackie Lou Blanco saw your Facebook status update about her. And she is mad -- I do pilates and bikram yoga and pay good money for a personal trainer! And the Right of Reply bill has been enacted into law.

Under the Right of Reply law, Jackie Lou Blanco has the right to demand that you cede your Facebook page to her, so she can post her defense to all the people who may have seen your earlier status update and concluded that she was now fat. If you refuse to let her write on your Facebook page, you will be fined around P10,000 pesos. Since Right of Reply requires that you allow Jackie Lou Blanco to publish her rebuttal on the same space where you published your controversial statement, you most probably will have to let her write your next status update: "Hi, this is Jackie Lou Blanco, and I would like to say that contrary to what you may have read from ______________, I am not really fat. I do pilates and bikram yoga and have an excellent personal trainer."

The hassle of dealing with Jackie Lou Blanco and her lawyers will likely invest only a few hours or days of your life, and irritated as you may have been, you decide to let it pass. Then weeks later, you see Spanky Rigor from T.O.D.A.S. on the street, screaming at a child beggar who made the mistake of asking him for money. You get mad at rude, cruel Spanky Rigor -- nobody however famous has the right to scream at a child. You want to let your friends know of the infamy of this Spanky Rigor -- to shame him with the truth in the limited capacity that you posses. You may even want to write a blog post about it. Then, you remember all the hassle you had to go through because of Right of Reply and Jackie Lou Blanco. You don't want to undergo the same experience just because of Spanky Rigor, whom you considered anyway way less funny than Frieda Fonda. So you let it go.

Weeks later, and you are royally pissed at your classmate Mike because he cheated in a class project. You confront Mike in a gentlemanly fashion, and he responds by flinging cold damp soil and moss at your face, screaming "Fuck you, retard!" You return home incensed, log on to Facebook, then start typing "I resent the fact that Mike cheated at our class project". Then you remember Right of Reply and Jackie Lou Blanco. Would Right of Reply apply to nobodies like Mike? You change the options of your Facebook account to make sure that only your friends could see your status updates, but you still aren't sure whether that will protect you so you call up your elder brother, now a hotshot junior associate in a Makati firm. Your kuya had to waste a lot of time researching on Right of Reply when you had your problems with Jackie Lou Blanco, so he does the prudent lawyer thing and tells you not to proceed with your intended status update. Disappointed, you delete your draft status update and write instead the enigmatic, "I am pissed!!!"

Since Mike cheated, his grades were high enough to make him valedictorian. Again, you are mad. You complain to the faculty by way of snail mail, but they ignore your complaint since Mike's Daddy promised to renovate the teacher's lounge. Injustice! Outrage! A Facebook status update will not merely do, you must write a blog post, create an online petition. The whole world must know of the craptitude of your school and the turd blossom tool that is Mike. Your kuya hisses, "Are you insane? Right of reply, right of reply! Napaka-liit na bagay lang iyan, hayaan mo na! Akala mo kung sino kang Woodward o Bernstein." That last reference is lost on you -- your brother was a really big nerd -- but the point gets across and you do nothing. On graduation day, as Mike is delivering his valedictory address, you stare at him, thinking "God/karma will get you someday!"

Valedictorian Mike gets the best jobs, meets the brightest people in the world, including evil scientists. He soon is ginormously wealthy and builds his own robot army, which invades first Poland, then France, and soon the world. Mankind, womankind and infantkind are enslaved by Mike, the Hitler of the Third Millenium. As you and your fellow slaves are hauling a two-ton marble slab to be used in the New Pyramids of Giza (20 times larger than the old ones!), your back stinging from the lash of the Tesla whip, you think, "If only I spoke up before. But that stupid Right of Reply..."

(God/karma eventually strikes back at Mike when his robot army becomes sentient and dissects him joint by joint. But that happens only in 2622 C.E. -- Mike having discovered the elixir against ageing and disease -- hundreds of years after your robot taskmaster miscalculates the power of its Tesla whip and decapitates you and the other members of Hauling Team #46775, including your kuya.)

Obama Helicopter Security Breached, Suspect From Iran Tagged

2009-03-01T11:09:00.000+08:00

MSNBC reports that someone working for a defense contractor downloaded a peer-to-peer file sharing program, presumably to watch Paul Blart: Mall Cop while at work. The unnamed defense contractor possesses "a file containing entire blueprints and avionics package" for President Obama's official helicopter (Marine One). Through the file sharing program, somebody in Iran was able to download that highly sensitive file, along with perhaps, an Axxo-certified copy of Air Force One. Yikes.

President Obama currently has a fantastic approval rating of 67%. If America loves Obama so much, would it be willing to give up the internets?

Slumdog Child Actor Beaten by Dad Days After Oscars

2009-02-27T20:23:00.000+08:00

Real life intersects with celebrity life intersects with Mumbai intersects with Hollywood. From The Sun:

THESE shocking images show Oscar winning Slumdog actor Azharuddin Mohammed receiving a vicious beating at the hands of his father.

Only days after walking down the red carpet in Hollywood the ten-year-old film star was slapped and kicked by dad, Ismail, after refusing to be put on display like a trophy.

I guess he can just suck it up, wait 30 years then write about it in humorous fashion on India's equivalent of the Philippine Daily Inquirer.

Two Chicago Bulls Legends Die Hours Apart

2009-02-27T11:47:00.000+08:00

On the same day that the 2008-2009 Chicago Bulls become the probably first NBA team with a losing record to be granted an audience with the President of the United States, two legendary figures associated with the team would die. First, three-time All-Star guard Norm Van Lier, 61, was found dead at his home from yet undetermined causes. Hours later, Johnny "Red" Kerr, the first ever coach of the Bulls and the team's longtime broadcaster, died from prostate cancer at the age of 76. Compounding the coincidence, Van Lier too was a TV analyst for Bulls games.

I never really saw Van Lier play, except in one of those infrequent Bulls games from the 70s they'd rerun on Basketball TV. Kerr however was a distinct figure from my childhood, in his capacity as the color analyst for Chicago Bulls games.

I was one of those many Filipinos who were Bulls-addled during the Jordan years. At a time when we did not yet have cable, and NBA games were shown only once a week in a weeks-delayed stilted broadcast hosted by Quinito Henson, my primary source for Bulls games was Betamax tapes rented out by a certain store (since long closed) in the second floor of the old Virra Mall. These tapes, usually 2-3 weeks old, were recorded out of Chicago, so they carried the commentary from the team's broadcasters, Kerr and Jim Durham. The routine of renting these tapes went on for a few years, so I became intimately familiar with the Kerr/Dunham routine and idiosyncracies (as well as the incomparable pre-game introductions of Ray Clay). Jordan would have this gimmick at the start of every game -- going over to Kerr and clapping talcum powder in front of him. It was sophomoric, but Kerr was game each time, and soon I grew very cozy with the routine.

Kerr was intractably biased towards the Bulls (who employed him, after all). I don't know if Kerr could be considered a great broadcaster, but he had a hale and hearty style that was easy to take. When he skipped a Bulls game, there was something missing from the show.

CCP Highlights Historic Exhibit in Ungrammatical Fashion

2009-02-27T06:17:00.000+08:00

From the website of the Cultural Center of the Philippines:

I probably will still go. But CCP, really?

The Bangladeshi Coup/Mutiny/Revolution on Twitter

2009-02-26T11:00:00.000+08:00

Bangladesh is apparently in the midst of a coup d'etat or revolution that was sparked by a mutiny in the capital of Dhaka. As with the Mumbai massacre, Twitter is emerging as a useful source of what is happening on the ground. Mahmudur Rahman from Dhaka has been tweeting furiously, as well as sending the messages that "panic has now spread all over the country" and that "this is the time to be united". #BDR is the place to go to for the latest updates.

Why Don't Philippine TV Networks Offer Torrents of Their Programs?

2009-02-26T07:11:00.001+08:00

It seems like a real no-brainer to me. TV networks in the Philippines should take the lead worldwide and offer high-quality/hi-definition copies of their locally-produced programs for download via BitTorrent.

I see no downside. There is a sufficient demand for local programs here and especially for OFWs abroad to ensure constant seeding. The novelty of network TV programs being offered for legal downloading via torrent would also entice foreigners to check out those local TV shows, especially if subtitles are included (do not underestimate the capacity of foreigners to sit through our telenovelas just to ogle our babes).

To take advantage of this expanded market, the networks can offer special rates for advertisers who are interested in having their ads bundled within the uploaded programs. If these ads are seamlessly integrated into the uploaded program, there would be little incentive of end-users to edit them out if they wish to redistribute them on the internet.

Unlike in the U.S., our local programming is not offered on other international networks, hence offering these via torrents won't interfere with any exclusive right to rebroadcast ceded to those other networks. I also don't think DVD sales of local TV programs are large enough that the decline in such sales caused by these torrents would put a crimp in the network's financial bottom line, assuming that such losses are not offset by the income earned from the special advertising contracts. Moreover, the DVD market can still be maintained by offering exclusive special features that would entice the true-blue fanatics and completionists.

And think of the massive goodwill that either ABS-CBN, GMA, or TV5 would earn around the world if any of them becomes the first or among the first networks to offer its programming via torrent. This could be a game-changer for the internatioanl broadcasting industry. Due to a combination of human nature and the idiosyncracies of the BitTorrent framework, the use of this technology to disseminate mass media regardless of copyright restrictions is here to stay and to be improved upon. It will be inevitable that the networks will have to embrace this new paradigm. TV networks in the Philippines are in a peculiar position to exploit this technology and actually earn more profits than if they maintained the status quo.

Filipino Congressman Proposes to Confer Honorary Citizenship on Convicted American Felon

2009-02-24T13:26:00.000+08:00

From the Inquirer, Rep. Antonio Diaz (2nd District, Zambales) has filed several bills in the House of Representatives seeking to confer honorary citizenship on 4 American lawmakers who helped push for benefits to Filipino World War II veterans.

Diaz' bills, filed February 18, seek want to confer the status on US Senators Theodore Stevens, Daniel Inouye and Daniel Akaka, and Representative Bob Filner for being instrumental for the benefits finally being accorded the Filipino soldiers after a very long battle.

Yup, Senator Theodore "Ted" Stevens. Former Senator Ted "The Internet is a Series of Tubes!" Stevens of Alaska, who lost his re-election bid in 2008 after being convicted of seven felony charges relating to graft and corruption. Now, he may well have been diligent and instrumental in pushing for benefits to Pinoy WWII vets, good for him. Still, it does not necessarily send a pleasant signal if the Philippines bestowed the highest honor possible to a foreigner on a politician criminally convicted on graft and corruption charges.

Abbey Road Perspectives

2009-02-24T10:35:00.000+08:00

Video of the week/month! If I am blessed to ever get to Abbey Road, I probably will go hippie-hick and pose. This time-lapse video though of a day in a life of Abbey Road just shows though how gauche the entire enterprise is. Via Andrew Sullivan and Boing Boing.

Common-Law Relationship Not Ground for Discipline of Lawyers

2009-02-24T07:57:00.000+08:00

I just came across this 2008 Philippine Supreme Court decision which apparently received no publicity but will be of general interest to government employees and lawyers. The issue was whether an unmarried lawyer may be disciplined for maintaining a common law (out of wedlock) relationship and having children with another unmarried individual.

The respondent in the case (Re: Toledo v. Atty. Toledo, A.M. No. P-07-2403, 6 February 2008), a clerk of court, had been living together with the unmarried mother of his three children for twelve years. For that circumstance, his superiors at the Office of the Court Administrator recommended that he be suspended for three months for "conduct unbecoming a public official and a court employee", and afterwards, he be given 30 days to marry the mother of his children or otherwise resign.

The Supreme Court rejected the recommendation. There are portions of the ruling¹ that make it quite clear that an out-of-wedlock relationship between unmarried individuals is not cause for disciplinary sanction on the ground of immorality.

This decision validates the choices of unmarried individuals who for whatever reason, are uninterested in the contract of marriage yet wish to live together and start a family (though the children of course will be "illegitimate" and will have to contend with the legal implications of such status). There is no law penalizing unmarried consenting individuals who engage in sexual relations, live together, or have children out of wedlock and live together as a family. (Extramarital relations though are a different matter) Even while lawyers and government employees are judged at a higher standard due to the public service component of their lives, those who engage in such behavior are still not breaking any law. The perception that common-law relationships between unmarried individuals is somehow illegal in the Philippines is probably brought about by the dominant Catholic religion, which frowns upon such relationships. Still, that aspect of Catholic morality has not been translated into Philippine law, and those mores as untransubstantiated cannot be the basis for legal sanction since our Constitution is a religion-neutral document.

While the particular case involved the administrative discipline of a lawyer, I see no reason why it would not apply as well in the case of government employees.

¹To wit:

"In disbarment cases, this Court has ruled that the mere fact of sexual relations between two unmarried adults is not sufficient to warrant administrative sanction for such illicit behavior. Whether a lawyer's sexual congress with a woman not his wife or without the benefit of marriage should be characterized as "grossly immoral conduct" will depend on the surrounding circumstances.

This Court has further ruled that intimacy between a man and a woman who are not married, where both suffer from no impediment to marry, voluntarily carried on and devoid of any deceit on the part of respondent, is neither so corrupt as to constitute a criminal act nor so unprincipled as to warrant disbarment or disciplinary action against a member of the Bar.

xxx

It is not unwarranted for us to take judicial notice of the fact that more and more Filipinos are finding it necessary to seek employment abroad in order to provide their loved ones with better lives. We find nothing "unprincipled and undesirable" with seeking all means within the bounds of law and reason to uplift the lot of one's family. It is not for us to inquire into our personnel's motivations for entering into such an arrangement or to judge how they plan to accomplish their goals in life, unless it is shown that they are violating the law in the process.

While the Court has the power to regulate official conduct and, to a certain extent, private conduct, it is not within our authority to make, for our employees, decisions about their personal lives, especially those that will so affect their and their family's future, such as whether they should or should not be married.

There is no allegation that the two have been flaunting their status as common-law husband and wife, or that their cohabitation is attended by scandalous circumstances. Thus, the comportment of respondent and his common-law wife cannot be characterized as "willful, flagrant, shameless, or show[ing] a moral indifference to the opinion of the good and respectable members of the community" as to warrant the exercise of this Court's disciplinary power."

Why the '09 Oscars Are Like the Catholic Church Under Benedict XVI

2009-02-23T18:49:00.000+08:00

1. This Oscars show catered to those within the Hollywood industry and others who are unyieldingly in love with Hollywood. They did little edification for the vast majority of us in the television audience who think Hollywood is somewhat silly. The conservative direction of the Catholic Church under Benedict XVI has delighted the hardcore, but has left many moderate/liberal Catholics feeling less welcome in the Church. In both cases, playing for a narrower market may have resulted in a more intense experience, but for a lesser number of people.

2. Show, don't tell -- so teacheth the writing teacher of whatever payscale or inspiration. The 2009 Oscars epitomized tell, don't show. We learned how wonderful each individual acting nominee was because a legendary peer of theirs told us so. In past years, we had to figure that out by watching the actual film clip of the nominee. This time, all we needed was to trust that miracle of physics that is Sophia Loren.

3. I take back everything nice I had ever had to say about Baz Luhrmann.

4. Ricky Gervais was right, and is probably right on most other things.

Oscars LiveBlog

2009-02-23T09:51:00.003+08:00

Here's my liveblog. ~~Requires Flash, you can also see it~~ Via my Twitter (click here). I overslept.

My Learned Pre-Oscars Blah Blah Blah

2009-02-22T18:06:00.001+08:00

I'll be live-blogging tomorrow's Academy Awards show via Twitter. Drudge is forecasting the most boring Oscars ever, and its hard to disagree. The biggest suspense for me is whether Benjamin Butones scores a spectacular 0 wins out of 13 nominations, a plausible outcome. I couldn't think of a movie I hated more which I have actually yet to see.

On a more positive note, it is equally plausible that Slumdog Millionaire will sweep all of its nine nominations. It was a good movie, perhaps the most deserving of all the Best Picture nominees, but not a timeless classic. If it wins, it would be 4th best of the last ten Best Picture winners (after LOTR-ROTK, before Million Dollar Baby). I do however consider every win Slumdog garners as a slap against Hollywood -- the producers who thought it would do best as a direct-to-DVD release; the historic apathy of Hollywood towards an equally gaudy Bollywood tradition. So I do root for Slumdog.

Back to why this might be the worst Oscars ever. Hugh Jackman hosts, and will evidently be doing a song-and-dance routine. The leaks on what tomorrow brings are out. A narrative line that dictates the order of the awards. A nightclub atmosphere. All these promised changes seem painfully earnest. I generally hate earnest, and the Oscars show has veered away from earnestness ever since Billy Crystal promised no horrible song/dance number that used to open the Oscars. This appears to be a tradition Hollywood intends to bring back, and I suspect it would not work well in this age of The Onion. (You didn't ask, but who was the Best Oscar host of the last 20 years? Steve Martin.)

There is another tradition they will dispense with this year, one of my favorite parts of the show. Remember those In Memoriam reels remembering those who died the previous year, with the audio feed from the show's audience left untampered? That portion has always gotten to me in an unserious way, as some names get more applause than others -- the Hollywood folks' final verdict on the ultimate worth of a deceased member of the film industry. (See 2003, almost nothing for Cape Fear's J. Lee Thompson [1:01], woohoos for Billy Wilder [2:35]. Can't find the YouTube, but some people did applaud Leni Riefenstahl in 2004) This portion of the Oscars has always struck me as the most brutally honest portion of the show, but this year, they are cutting the audio feed. Boo! Hiss!

(speaking of, I didn't realize that 1993 was such a brutal year for film)

Awesome The Office (U.S.) Fan MTV

2009-02-22T11:06:00.000+08:00

If you are addicted to the U.S. version of The Office -- addicted as in you have seen virtually of all the episodes and you get "Ryan Started the Fire" and 80 to 100% of all of the references in this fan-made video -- then this is heavenly. If you are not addicted or just middlingly interested in The Office, then just trust me that this is as comprehensive and knowledgeable a love letter to The Office as there can be. Via Jenna Fischer's MySpace blog ("The cast has been forwarding this around...we all love it.") created by Brad E. and Ashley G.

Brief note about We Didn't Start the Fire. As a nerdy second-year high schooler, I was proud to have gotten around 60% of that song's references when it first came out, and proceeded to read up on the 40% I didn't get. Meanwhile, the history teacher of the batch lower then mine actually gave an exam based on the Billy Joel opus. Lucky them. In retrospect though, it was a pretty stupid song.

Extinct Bird Found in the Philippines -- Then Eaten

2009-02-20T10:02:00.000+08:00

From National Geographic. Not as heartwarming as the tale of the coelacanth. In fact, pretty tragic:

A rare quail from the Philippineswas photographed for the first time before being sold as food at a poultry market, experts say.

Found only on the island of Luzon, Worcester's buttonquail was known solely through drawings based on dated museum specimens collected several decades ago.

Liveblogging the 2-17, 6/49, 249 Million Peso Lotto Draw

2009-02-17T20:58:00.005+08:00

8:48: Twelve minutes to the historic lotto drawing estimated to offer a jackpot prize of 249 Million Pesos, the ~~highest~~ second-highest prize ever. It is rather difficult to blog lucidly while treacly lotto fantasies are dancing in your head. NBN's news show Batingaw, which precedes the lotto draw, is however doing a good job drawing me down to earth. Just minutes ago, they kinda reported that the Arroyo stimulus plan is better than the Obama stimulus plan. Utang na loob.

Some lotto trivia. The first modern attempt to introduce the lotto in the Philippines was in 1994, but it was barred by the Supreme Court. In 1995, the Supreme Court allowed it. The very first jackpot winner was an old man who thought he was lining up for a movie ticket at SM Megamall when he instead bought a ticket. He happened to be a former family driver of retired Supreme Court Chief Justice Enrique Fernando.

8:56: More lotto trivia. Burke's Law, a 1990s remake of the 1960s detective show (both starring Gene Barry), lasted only 27 episodes. It also was one of the highest-rated US television shows in the Philippines in the mid-1990s. It happened to air immediately before the lotto draw at then PTV-4. Lucky Gene Barry.

9:02: The draw is about to start. If NBN were smart about this, they would have led up the lotto draw with an all-sparkles variety show padded with commercials. The draw should be supervised by Pinoy heroes such as Manny Pacquiao. This did not happen of course.

9:05: I haven't consciously viewed a lotto drawing in years. I see that it is now preceded by a tuneless jingle replete with actors fake-jumping in the manner of 1980s commercials for god knows what snack food during PBA games. Jun Dequina hosts, I thought it was still Kathy de Leon. Graphics of various lotto games dance at his background. They are unattractive in early 90s fashion.

9:07: Interestingly, power went out for around 15 seconds or so. My UPS saved my computer, though I had to redial the DSL connection.

9:08: Another hard part about this live-blog -- what if I win? There are obvious risks if I share that fact here.

9:09: Starts of with Easy-2 lotto. That's not the baby we are looking to adopt.

9:11: Something now called the "Suertres 3 Lotto". Boy, PCSO has really been milking this lotto. Jun Dequina has a weird uneven smile.

9:13: 6/42 draw now, with a jackpot of around 3.4 Million. Meh.

9:14: I'm looking at my set of numbers right now. Lots of consecutive numerals in them, part of my counter-intuitive 3-second selection system.

9:16: 239,242,111 Pesos. They are dispatching this with minimal fanfare.

9:17: Out by the second number. Good, I won't be able to handle all that money.

9:19: 16-10-12-39-47-07. I don't hear screaming in the immediate neighborhood. It'll be a few hours before we hear if someone got lucky in the monetary sense tonight. The broadcast ends with that atrocious tuneless non-catchy lotto jingle. A songwriter has not been paid enough. Goodnight, and hopefully we repeat this in a few nights.

Philippines the Porkiest Country in the World -- Anthony Bourdain

2009-02-17T13:57:00.000+08:00

Anthony Bourdain's vaunted Philippines episode of No Reservations aired today in the United States. In his complementary blog post, Bourdain hails sisig as "a divine mosaic of pig parts...one of the world's best beer drinking dishes", and the lechon Cebu as the best of all the roasted pigs he has had in the world. Accordingly, he names the Philippines as # 1 in "The Hierarchy of Pork", displacing Bali and Puerto Rico. Seriously, that is the coolest pop culture honor bestowed on Filipinos since Bob Barker acknowledged his familiarity with arnis in a late 1970s episode of The Price is Right (or was it an early 1980s Miss Universe pageant, I confuse the two).

Definitely Maybe has a review of the show posted, and there are bound to be more in the next few hours or days. Arnold over at Inuyaki.com notes that following the dominance of Manny Pacquiao and Filipino pork, all we need is for Charice Pempengco to supplant Celine Dion to complete the official cultural takeover of the world. Once that happens, we must pay homage to the pioneer in that regard, Christopher Lambert's Filipino maid.

I have no idea if or when the episode airs here in the Philippines, but when it does, it should be made required viewing by the Departments of Education and Tourism. After all, I do recall the powers that be declared it so in 1988 with the Philippine airing of A Dangerous Life, which posterity will unfortunately remember as just a TV-movie starring Gary Busey.

Interesting that despite the porky succulence of our cuisine, Filipinos are not a terribly obese lot.

New Rule on Mandatory Legal Aid Service for Practicing Lawyers

2009-02-16T19:29:00.001+08:00

Last February 10, the Philippine Supreme Court approved a new Rule on Mandatory Legal Aid Service for Practicing Lawyers. The rule is as implied -- all practicing lawyers will, effective 1 July 2009, be required to render 5 hours a month (60 hours a year) of free legal aid services for indigent and pauper clients. "Free legal aid services" includes appearances in court or quasi-judicial bodies for such clients and the preparation of pleadings or motions, assistance rendered to such clients in court-annexed mediation and other modes of alternative dispute resolution, and services rendered by lawyer as "counsel de oficio".

The Rule is not yet online (I'll link once it is), and the particular details are there. The Rule though only covers "practicing lawyers", excluding by provided definition those who are not allowed to appear in court or quasi-judicial bodies such as government lawyers and officials, and "including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies". Also excluded are supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools, and lawyers of NGOs and people's organizations such as the Free Legal Assistance Group who already render free legal aid as a matter of course.

Failure to render the required annual 60 hours would be cause for the lawyer to be declared "not in good standing" with the IBP, in which case such lawyer will be barred from appearing in court or quasi-judicial bodies as counsel for three months, as well as fined P4,000. A lawyer who fails to comply for three consecutive years would be liable, after due proceedings, for suspension for one year. Lawyers who complete the legal aid service during the MCLE compliance period will receive MCLE credits, the distribution of which is provided for in the Rule.

The proposal had originated from the Integrated Bar of the Philippines. The Resolution is docketed as BM No. 2012 and dated 10 February 2009. It is bound to be online soon, and it was published in the Philippine Daily Inquirer last Saturday.

The Cory Aquino-Amazing Race 14 Connection

2009-02-16T10:54:00.000+08:00

There are no contestants of Filipino descent in the current edition of The Amazing Race. (The last time there was one was in Season 3) Neither will the Philippines be a featured destination this time around (Thank you, Jemaah Islamiyah).

There is though an unusual connection to the Philippines. Contestant Mel White (the gay activist dad who's racing with his son Mike who wrote School of Rock) has authored several books, including Aquino: The Untold Story! Ninoy and Cory Aquino's Journey of Faith, a 1989 biography of the 11th President of the Philippines. White is the first (and likely forever the only) Amazing Race contestant to have written a published biography of a world leader. A Filipino world leader.

Mrs. Aquino is presently convalescing from her colon cancer treatments. I wonder if she knows of Mr. White's current endeavors, or if she will take the time out to catch this edition of TAR.

...Na Na Na Na, Hey Hey Hey, Goodbye!!!

2009-02-15T17:11:00.000+08:00

Arizona Republic:

There are strong indications that the Suns will have a new head coach leading them at Monday's scheduled afternoon practice.

Although no final decision has been made, the apparent plan is for Suns management to fire Terry Porter - who in his first season has led the Suns to a 28-23 record and ninth place in the Western Conference standings - on Monday.

I've kvetched on this issue before.

The Amazing Race 14 Premieres Tomorrow

2009-02-15T13:46:00.000+08:00

My favorite reality TV show that does not involve running around with cutlery (for the most part) premieres Monday morning Manila time (presumably with the usual live feed from Studio 23). Last season was a bore, with the utter dominance of Team Up With People. This season has nowhere to go but up, unless TAR finally reaches its jump the shark moment, in which case, it has been a fun 8 years.

One reason why this next season just has to be more interesting is the participation of a bona fide member of The Frat Pack Circle of Trust. Screenwriter Mike White, who will race with his dad, wrote such agreeable films as School of Rock and Nacho Libre (both starring his friend Jack Black). He also is an occasional actor (Jack Black's roommate in School of Rock). The angle for the race is that Mike and his dad Mel are both gay, but what I'm more interested in is how this putative arts scene hipster who runs around with the Apatow crowd will react to being in such a manipulative and reductive (though fun) TV show. There was such a contestant two seasons ago (Nicolas, son of alternative country singer Robbie Fulks), and his post-race interviews were quite candid.

Hundreds of Lawyers Lost Their Jobs on 2.12.09

2009-02-15T13:28:00.000+08:00

For unknown reasons, several top U.S. law firms chose the 200th birthday of the most popular lawyer in American history to lay-off hundreds of lawyers and legal staff. Reporting here from the popular legal blog Above the Law, run by Filipino-American David Lat. The Law Blog of the Wall Street Journal provides the names of some of the affected firms.

Normally during a recession, the government proves the most reliable employer, so it is quite possible that the ranks of U.S. government lawyers would increase, the new administration presumably scrambling to fill its ranks with lawyers who did not graduate from Pat Robertson's Regent University. Otherwise, they can go start writing the great American novel. Or compete in a reality TV show.

On TV Ratings in the Philippines

2009-02-15T11:23:00.000+08:00

Why isn't there any regular independent reporting in our local media on Philippine network TV ratings, which apparently are supplied by AGB Nielsen and TNS Philippines? Such ratings are a staple of the daily entertainment news of American media. If its a matter of these ratings being available only to those who subscribe to the Nielsen/TNS services (i.e., ABS-CBN and GMA), then a paper like the Inquirer or Manila Bulletin should also undertake the same subscription. Most often, the news on the ratings is provided for by the press releases of the networks themselves, and that fact in itself makes the public suspicious.

There is a public policy component to this issue beyond bragging rights for the networks. Both ABS-CBN Broadcasting and GMA Network are publicly traded companies with the Philippine Stock Exchange, and the disclosure of any material information that could affect the market price of their respective shares is mandated by law. Credible information on how a network is doing ratings-wise could affect those network's share prices, and the independent media should devote greater effort in regularly reporting without bias the ratings figures.

(I could be wrong about the lack of independent unbiased reporting of the ratings of Filipino broadcast networks. Feel free to correct me if I'm wrong)

"It's Time For the Birdman to Fly"

2009-02-15T07:16:00.000+08:00

The end result of the 2009 NBA Slam Dunk competition was most unrighteous and raises legitimate questions whether democracy is in fact a subterfuge of Satan. But on a lighter note, I found myself tracking down on YouTube this classic moment from 2005. "It's time for the Birdman to fly."

Cris Daluz, 74

2009-02-13T08:16:00.000+08:00

Cris Daluz was among the most recognizable of Filipino actors whose name you often just can't recall -- a veritable Pinoy charter member of Hey! It's That Guy! He died yesterday after a stroke. His first listed credit on IMDB was for Himala, and he was active until the end, dying on location in Olongapo City where he was shooting scenes for a Korean movie. His was a distinct face, and he was a solid actor.

Mac Sales Seen to Plummet Due to Startling Revelation

2009-02-12T01:29:00.000+08:00

From Computer World:

[Intel CEO and President Paul] said Obama called him last night to congratulate him on company's decision. The president "reminded me that he sees the Intel logo every morning when he opens up his laptop; I was pleased to hear that," he noted.

As Taegan Goddard points out, many people would have assumed that Obama is a Mac. Visually speaking, the new President is no John Hodgman. (note, I said visually, Hodgman of course is way hipper than Justin Long) Then again, Obama has already proven to be the best thing to happen to the Blackberry since ever. And do not underestimate the fiscal magic of the Obama Touch. Just the other day, the lady at the Florida town hall meeting who asked for President Obama's help as she was homeless. Now has a home. The kid who complained to Obama he had been stuck working at McDonalds because he couldn't find any other job. Now has new job offers.

Did the World Nearly End on September 18, 2008?

2009-02-10T18:41:00.002+08:00

Since the onset of the global financial meltdown, I've been half-expecting that tipping point when the entire banking system fails, leading to the rapid and utter collapse of the whole financial system. Hasn't happened yet, thankfully, but new information has emerged that it nearly did on September 18, 2008. The info comes from an American congressman, Paul Kanjorski, Democrat from Pennsylvania, during an cable TV interview on C-SPAN last January 27. The interview may be found here, but courtesy of Zero Hedge, here's the relevant transcript:

On Thursday (Sept 18), at 11am the Federal Reserve noticed a tremendous draw-down of money market accounts in the U.S., to the tune of $550 billion was being drawn out in the matter of an hour or two. The Treasury opened up its window to help and pumped a $105 billion in the system and quickly realized that they could not stem the tide. We were having an electronic run on the banks. They decided to close the operation, close down the money accounts and announce a guarantee of $250,000 per account so there wouldn't be further panic out there.

If they had not done that, their estimation is that by 2pm that afternoon, $5.5 trillion would have been drawn out of the money market system of the U.S., would have collapsed the entire economy of the U.S., and within 24 hours the world economy would have collapsed. It would have been the end of our economic system and our political system as we know it.

Shallow Hollywoodized me could not help but think maybe this could have been the work of genius anarchist computer hackers. This information, previously undisclosed to the public, has of course aroused more questions. The folks at LiveLeak note that the story of the Congressman are unverifiable via Google, but seashell over at TPM Cafe asserts that the claims are supported (more like tacitly corroborated) by news archives from that period.

UPDATE: The factual accuracy of Rep. Kanjorski's tale is being challenged by Felix Salmon of Portfolio.com, and Daily Kos diarist rerutled. Even assuming that the story is true but Kanjorski inadvertently breaking a code of silence when he revealed it, would he still be able to confirm it to the public?

How Obama and the Dems Lose the Youth Vote. Forever.

2009-02-10T15:32:00.002+08:00

They say that Americans generally stand by for the rest of their life the political allegiances they form around the time they reach 18 or cast their first ballot. A staggering majority of 18-29 year old voters voted for Obama. Good tidings for Democrats the next 50 years or so? Wait wait.

Via BoingBoing, reposting without comment from Corante, posted by Alan Wexelblatt:

The new Obama administration is shaping up to be a disaster for Copyfighters everywhere. In particular the new Department of Justice is stacked with lawyers who've been on the wrong side of copyright and intellectual property lawsuits for the last eight years.

First off, there's the #3 man at Justice, Thomas Perrelli, accurately described by CNET as "beloved by the RIAA". Not only has this guy been on the wrong side in the courtroom, he's fingered as instrumental in convincing the Copyright Board to strangle Web radio in its crib by imposing impossible fee structures.
Then there's Neil MacBride, who used to be the Business Software Alliance's general counsel. The BSA, to its credit, hasn't been suing teenagers. Generally their name is associated with large-scale raids on companies that are mass-producing illegal copies of software. Still, it's an industry flak group...

The capper on this line-up of suspicious characters is Donald Verrilli, now up for Associate Deputy Attorney General. This specimen of legal acumen is front and center in the Cartel's jihad, having appeared for Viacom when it sued YouTube, for the RIAA against Jammie Thomas, single mother. And if we peer back a little farther, we find Verrilli's dirty fingerprints on MGM v Grokster.

A Domestic Tourism Stimulus Package for the Philippines

2009-02-10T11:16:00.000+08:00

This is a totally amateur idea, but I can't think of anything wrong with it yet. During this worldwide recession, provide for a Php 50,000 annual tax credit to all individual income earners in the Philippines corresponding to their expenditures related to domestic tourism. This idea will work well especially in conjunction with the policy of "holiday economics" favored by the current administration.

The recession and its aura of panic will compel many Filipinos to cut back on spending, which unfortunately will imperil the economic life of retailers and service providers (and their employees), and so on and so forth. The trick is to create an environment that is conducive to consumer spending. Holiday economics conjoined with a recession will encourage wage-earners and their families to scuttle vacation plans and enjoy intellectually satisfying nights reading at home. Which defeats the very purpose of holiday economics, a policy which businesses outside the tourism sector are not to enamored with in the first place.

Any person interested in availing of the tax credit should support the same with receipts issued by VAT-registered enterprises in the Philippines that provide tourism-related goods or services, such as airlines and shipping companies, hotels and resort owners and other associated businesses. (Car gasoline expenses, while arguably related to domestic tourism, could lead to abuse of the system, so that should be subject to debate.) Claims for the tax credit that are duly substantiated will result in the issuance of tax credit certificates that may be applied to personal tax liabilities the following year.

Another alternative would be to allow such domestic tourism expenditures as deductions to the annual gross income. The fifty thousand pesos deduction may be sufficient to downgrade the taxpayer to a lower tax bracket, but not all the time. Yet even if the deduction is not enough to shift your tax bracket, the resulting reduction in taxable income would still result in lower taxes.

Whichever way, there will be more paperwork for the taxpayer, but even that may be beneficial in that it would lead to more income for accountants. The loss in government revenue from reduced income taxes would hopefully be offset by resulting greater collections of the VAT from VAT-registered enterprises, as well as the economic activity generated by a more active domestic tourism sector.