www.soriano-ph.com

LINK: ‘Note Verbale’, Manila Times (Sunday-Career Times) – 17 February 2008 Issue

In October 1918, former Manila Mayor Justo Lukban, with all the best intentions to rid the city of vices, ordered the segregation of some one hundred seventy women of ill repute and made them board two steamers, without their knowledge and consent, so they could be relocated to Davao.

In a habeas corpus petition, the Supreme Court did not “permit a government of the men instead of a government of laws” to be set up in this country. And this was the gist of the landmark case of Villavicencio vs. Lukban decided almost ninety years ago.

In the present state of political turmoil brought about by accusations of corruption involving high officials in government both the accused and their accusers cry for the rule of law, not trial by publicity and subsequently conviction by public opinion.

As citizens of this Republic, shenanigans in government are also entitled to the mantle of protection of the Bill of Rights. And this is what the rule of law is all about because like any malefactor, they are also presumed innocent until proven guilty in a court of law.

In refusing to testify again before the Senate Blue Ribbon Committee on the controversial ZTE-NBN deal, Secretary Romulo Neri publicly invokes the rule of law especially after the Supreme Court granted him a reprieve from arrest. For his part, former Commission on Elections Chairman Benjamin Abalos challenged his accusers to hail him before the courts and prove their accusations. Critics of whistle-blowers and star witnesses, Rodolfo Lozada Jr. and Jose de Venecia III contend that no evidence has been presented thus far sufficient to convict those involved in the anomalous transaction.  Every one knows that a criminal conviction requires proof beyond reasonable doubt. Again, this is what the rule of law is all about.

Obviously, these legal standards have found their way in the country’s Bill of Rights and legal system because they are intended to safeguard individual liberties, particularly of ordinary citizens, from the enormous powers of the State. In the same token, public officials and employees proclaimed as servants of the people are entitled to the same mantle of protection.

The dilemma is ordinary folks are not similarly situated as public functionaries although they enjoy equal protection in the eyes of the law.

The rights of ordinary citizens to the secrecy of bank deposits or against any intrusion on privacy like wire-tapping or to invoke privilege communications in certain cases or not to be bound by certain evidences that are part of the ‘poisonous tree’, so to speak, are part of the processes to guarantee individual freedom, which the government could easily abuse.

But it is in a sense an irony of the rule of law if the same legal standards, system and processes are equally applied to public servants because the chance of getting them caught and convicted of their misdeeds becomes a mere fairy tale depending on the scale of the conspiracy and the level of official position they occupy. Sheer cover up, the ‘old-boys’ club’ attitude, and plain blind loyalties and obedience to powerful and influential men in government would make it almost impossible to convict government felons of grand corruption beyond reasonable doubt. And so they remain scot-free and continue to perpetuate themselves in power.

Thus, the rule of law intended to guarantee the rights of Juan de la Cruz could be the same rule of law that gives unscrupulous public officials the cloak of legal protection, perhaps just a strand short of immunity from legal prosecution.

It is easy to understand why a high position in government is a most coveted job. It is the easiest route to power, fame and wealth without the usual investment, except whom you know coupled with the willingness to cooperate.

In the Villavicencio case, the Supreme Court said that “Law defines power”. It was certainly decreed in 1919 in the context that this country is a government of laws and not of men. But nowadays the same statement could assume another import, in the negative sense.

Is there any other viable alternative to the bar of public opinion in a situation called the misrule of law?

LINK: ‘Note Verbale’, Manila Times (Sunday-Career Times) – 10 February 2008 Issue

In spilling some beans against the government in a privilege speech on February 4 prior to his ouster as Speaker of the House of Representatives engineered by no less than his own party mates, the motive, integrity and credibility of Jose De Venecia Jr. are suspect.

During his testimony in the on-going investigation of the Senate Blue Ribbon Committee on the controversial ZTE-NBN deal four days later, Rodolfo Lozada Jr. was grilled by Senator Miriam Defensor-Santiago on what seemed to appear as his illicit activities while acting as head of the government-owned Philippine Forest Corporation.  And this also put his integrity and credibility to test.

In the law profession, impeaching the credibility of a witness is a usual line of defense to defeat the introduction, admissibility, or acceptability of testimonial evidence or simply to dilute its competence. Questions on credibility normally revolve around motive and reputation of the witness.

As it has been in the past, impeaching the credibility of De Venecia and Lozada would obviously be the official government course to defend itself from their expose of corruption. At the end of the day, every accusation should be judged in terms of credibility and motive, not on the basis of what is the truth.

It is as if only saints have the capacity to tell the truth. If this is so, there is surely no chance for truth to ever surface. The reality in today’s world is that no one can claim with all honesty that he or she has lived a clean life through and through. No one is spotless. It is even a big lie for one to even say that he or she has never lied.

But assuming just for the sake of arguments that there are still people who live a life of righteousness who could stand on his or her own credibility and integrity, the problem is for sure they would never be a part or participate in any illicit or immoral acts. And they would never be in the situation where De Venecia, Lozada and other whistle-blowers are in right now in the first place. Apparently, it takes one to know one.

The whole point is that sinners also have the capacity and opportunity for greatness.

Many great men in history had their own share of scandals and ill-reputation but they changed the course of history because at one point in their lives they decided to do the right thing regardless of the risk involved.

De Venecia may have all the evil motives to bring down the current regime of President Gloria Macapagal Arroyo as a form of political retaliation. Never mind the motive. What is important is for the Filipino people to know the truth and nothing but the truth. 

Lozada may not be exactly clean when as per his admission during the Senate inquiry that as far as he is concerned there is such a thing for him as ‘permissible zone’ of corruption. Never mind if he used to condone malfeasance or used to be a part of it. What is important again is for the Filipino people to know the truth and nothing but the truth.

No one exactly knows where these confessions of De Venecia and Lozada would go.  Perhaps like any other scandals and investigations, they will just remain as news of today in the coming weeks and months, and simply forgotten in the pages of the country’s history.

De Venecia and Lozada, regardless whether their acts and motives are mere acts of personal survival or mere acts of heroism as Senator Gregorio B. Honasan would put it, have the opportunity for greatness.

What is not sure is whether the Filipino people would take the same opportunity for themselves, for their country, and for the next generation.

LINK: ‘Note Verbale‘, Manila Times (Sunday-Career Section) - 27 January 2008 Issue

The congressional proceedings on the cheaper medicine bill are in the final stages. The deliberations on the measure have been controversial, if not emotional, among the stakeholders since last year. The primary objective of the proposed law is to address the popular clamor for a more affordable health care by bringing down the exorbitant costs or the overpricing of medicines in the market.

Understandably, every time government is confronted with a pressing public demand the usual response is to come up with a law to respond or as a political reaction to the issue. Fortunately for the government, the cacophony would subside momentarily. But unfortunately to the public, the predicament almost always remains unresolved. Ironically, the law in many situations consequently aggravates the issue or becomes the source of a much bigger concern.

One of the promises of the proponents of the Generics Act of 1988 was to accomplish almost the same purpose as the cheaper medicine bill. Two decades after this law, the Filipino people are still suffering from same much higher prices of medicines.

Ten years ago, Congress passed the Downstream Oil Deregulation Act of 1998. The promise is to ensure a truly competitive market under a regime of fair prices, adequate and continuous supply of environmentally-clean and high-quality petroleum products.  Price control of fuel products, which have been blamed by some quarters for higher prices, became deregulated. But still, fuel prices are unreasonably high and worse, oil companies are accused of predatory pricing under a monopolistic arrangements disguising as deregulation.

Overseas Filipino worker Flor R. Contemplacion was executed in Singapore for the murder of another Filipino domestic helper. In response to the weeks of consistent public protests over the issue and the plight of Filipino workers abroad, former President Fidel V. Ramos pushed for the passage of the Migrant Workers and Overseas Filipinos Act of 1995. The promise was to reform the overseas employment industry, provide better protection to the overseas workers, and pursue a state policy of deregulation. Twelve years after, another law was passed setting aside the deregulation policy and still the victims of illegal recruitment and exploitation continue to grow in number.

In 1989, the Magna Carta for Countryside and Barangay Business Enterprises (Kalakalan 20) was passed by Congress. In 2002, an almost similar law was also enacted called the Barangay Micro Business Enterprises Act. The promise of both statutes is to promote entrepreneurship outside of urban centers by providing a package of tax and credit incentives, simplifying business regulations, and hopefully, to ease poverty and unemployment. Judging from the almost a million Filipinos seeking employment abroad in last couple of years, it is doubtful whether these programs even got off the ground.

Time and time again, government professes that foreign investments are needed to spur economic growth. But even all the packages of government incentives accorded by various laws to foreign investors did not seem to really attract them. Otherwise, this country would not be talking now about poor economic conditions and President Gloria Macapagal-Arroyo would not be breaking her back campaigning to foreign businessmen that the Philippines is an ideal haven for their investments.

Twenty years ago, landless farmers and farm workers were promised a more equitable distribution and ownership of lands through the Comprehensive Agrarian Reform Law of 1988. With the law about to expire in June 30 and Congress talking about its extension, farmers remain poor and locked in a tug-of-war with landowners.

Labor’s demand for higher wages and the turtle pace legislative reaction brought about the Wage Rationalization Act of 1989. But the nagging issue on minimum wage fixing and implementation before the enactment of said law remains.

Other countries should envy the Philippines for having one of the best Government Procurement Reform Act, Code of Conduct and Ethical Standards for Public Officials and Employees, and Anti-Graft and Corrupt Practices Act in the world. But corruption in government is a never-ending story.

And the list of these “false hope statutes” could be never ending.

As in most regimes, government’s stance to public issues is always reactive. Good, if the reaction provides the appropriate and lasting solution. What is worse is if the reaction simply offers a false hope.  

Sometimes it is a source of wonder why government still exists.

LINK: ‘Note Verbale‘, Manila Times (Sunday-Career Section) - 28 October 2007 Issue

Pending before the Philippine Senate for ratification is the Japan-Philippines Economic Partnership Agreement (JPEPA).

In general terms, the highlights of this agreement between the two countries include: (1) the elimination or comprehensive reduction of tariffs of industrial, agricultural, forestry and fishery products, (2) the facilitation of trade through simplification and harmonization of customs procedures and effective enforcement of measures against smuggling, (3) the liberalization of specific service sectors consistent, (4) the inclusion of provisions on protection of investment, national treatment, most-favored nation treatment and performance requirement prohibitions specifying all exceptions to these provisions, (5) the promotion of bilateral cooperation in human resource development, financial services, information and communications technology, energy and environment, science and technology, trade and investment promotions, small and medium enterprises, tourism, and transportation, (6) the enhancement of cooperation, protection and enforcement of intellectual property, (7) addressing anti-competition policies, (8)  facilitating trade in electrical products through a subsequent provision on mutual recognition, and (9) setting-up of a framework for consultation to further promote bilateral trade, investments and improvement of business environment in both countries.

In addition, JPEPA under the provisions on the “movement of natural persons” would allow the entry of qualified Filipino nurses and certified care workers to Japan. And this is seen or perceived by many as one of the immediate and significant benefits of the treaty because it would provide employment opportunities to Filipino health care professionals in lieu of the traduced export of Filipina entertainers to the “land of the rising sun”.

The demand for employment is backed up by statistics on Japan’s ageing population that necessitates the services of an estimated 7.5 million health care workers by 2010. 

The Philippine Overseas Employment Administration (POEA), in supporting the agreement, pointed out that there is a ready pool of Filipino health professionals who could fill the prospect of the Japanese market, with the country’s nursing schools producing at least 950,000 graduates yearly and with the current registry of 22,580 certified care workers, 57 percent of whom are college graduates. This seems to imply that the country has excess supply of nurses and care workers readily available for overseas employment.

In his presentation entitled “Philippines: The Challenge of Managing Migration, Retention and Return of Health Professionals”, UP College of Medicine Professor Jaime Z. Galvez Tan cited recent studies showing that 85 percent of all the Filipino nurses are already working abroad in at least forty six countries, thereby making the country as the number one exporter of nurses to the world. For lack of nurses and doctors, at least a thousand hospitals have closed, fully or partially, as of November 2005. The nurse-to-patient ratio in provincial and district hospitals now stands at 1:40 and 1:60. The proportion of Filipinos dying without medical attention has reverted back to its 1975 levels of 70 percent of deaths unattended during the height of nursing migration in the year 2002-2003. 

If the health care in Japan is alarming, it is worsening for the Philippines.

The phenomenon that many Filipinos, young and old, are lured into taking up courses in health care is actually driven by global demand and therefore motivated by the prospects of economic emancipation that is wanting in the country. Oversupply is thus an overstatement.

Through the JPEPA Filipino nurses and care workers would be allowed entry in Japan and work there up to three to four years but only after completing a language training and passing the Japanese national licensure examinations obviously in Japanese. For the Filipino professionals, this means additional burden in terms of time and resources that would make Japan as a less attractive destination for them. The argument therefore that the employment benefits under the JPEPA are immediate and significant could either be a hoax or imaginary.

Perhaps, it would serve the country better if government was able to negotiate with Japan for foreign employment opportunities that would not jeopardize and compromise the national interest.

LINK: ‘Note Verbale‘, Manila Times (Sunday-Career Section) - 22 July 2007 Issue

Tomorrow, the 14th Congress of the Philippines begins its regular session with the State of the Nation Address of the President. 

Thereafter, both the Senate and the House of Representatives are expected to pass legislations that would address the pressing needs of the country or perhaps improve the lives of the Filipino people.

Hopefully in the next three years of the 14th Congress, it enacts legislative measures along these lines:

1.  A enabling law that would finally define, prohibit and dismantle political dynasties in the country’s political environment as mandated by the Constitution.

2.  A law that would strengthen political parties by prohibiting and punishing political turncoats, granting state subsidy and funding of major political blocks, and assuring transparency in electoral campaign spending and contribution.

3.  A law that would at least lessen, if not eliminate, red tape in government particularly in the delivery of frontline public services whereby the general public availing of the services of government is treated as kings and queens by the bureaucracy.

4. A law that would define the appropriate land use classification of every piece of the country’s territory taking into account local and regional profiles and settings and make land as a real engine for economic growth.

5. A law that would impose heavy taxation on idle lands to serve the ends of the economy, the environment and social justice. When land is unproductive, its economic and environmental functions are stifled. What is worse is when landowners derive undue profits from their idle possessions through sheer speculative activities.

6.  A law that would grant the Commission on Human Rights and the Commission on Audit quasi-judicial powers or even the authority to prosecute all cases involving government officials and employees that violate laws within their ambit.

7.  A law that would exempt from income taxation employees earning below the yearly poverty threshold as determined by the National Economic and Development Authority (NEDA), and not merely based on existing minimum wage structures as proposed, and lift taxes or prohibit imposition of charges on small time deposits and investments.

8. A law that would ensure prosecution of tax cheats by prohibiting taxpayers from entering into a compromise with the Bureau of Internal Revenue or the Bureau of Customs after deliberately evading the payment of taxes or duties.
9. A law that would automatically give scholarship to any or all students who demonstrated excellent academic performance in any school of their choice within the Philippines, private or public. 

10. A law that would support, finance, subsidize, or give incentives to Filipino inventors and their inventions.

Of course, this list can go on and on as if there is a shortage of laws in this country.  But the truth is there are tens of thousand of law in the country’s statute books. Many of them are in fact good laws which have long been forgotten or rarely being implemented.

Keen political observers in fact would often say that this country does not need more laws.  What it needs is the difficult task of better and more effective means of demanding obedience to existing laws.

Perhaps, one of the important things that this present Congress should also do is to take an inventory of all the laws of the Republic and start proceeding with the tedious task of codifying them for better implementation.

What Greek philosopher Arcesilaus observed as early as before the birth of Christ, when he said: “Where you find the laws most numerous, there you will find also the greatest injustice” should also provoke the thoughts of Filipino solons. 

It is hoped that the people of this beautiful country still finds sense in the existence of Congress.