The Baby Boomers

November 7, 2008

I was watching the Apo concert last February 23 and the show stirred up a lot of emotions, from nostalgia to reminiscence of some deeply buried memories, happy or tragic. Thirty-eight years ago, the group was first formed. And thirty-eight years ago, I was still in my diapers, well, it was not referred to as diapers then, it was just pure “lampin.” Read more

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Women and Power

November 7, 2008

The Integrated Bar of the Philippines (IBP) Misamis Oriental Chapter had its biennial elections last Saturday, February 24, 2007. I don’t usually give a hoot about elections, since in my own unskilled thinking, election means politics and politics and I are just like oil and vinegar, we don’t mix well. But I set aside that almost-allergic reaction on elections and politics, for this one. What is remarkable about this election is not the attendance, which was abysmal, or the food, which was well, actually the same, or the contested positions, because practically there was none. Well, except for the vice-presidency, that is. It was neck to neck to the finish. What is significant is that, this is the second time in the history of IBP Misamis Oriental that it elected a woman president. The first woman president was the revered late Bella Tiro who was elected about a decade and a half ago and now, Christina Malferrari-Jugador, the incumbent vice-president of IBP-Misamis Oriental and the president of Federacion Internacional de Abogadas (FIDA), Cagayan de Oro City chapter.

I choose not to write about her candidacy in this column prior to the elections lest I be accused of actively campaigning for her, and using this page to benefit one candidate. Lawyers are jealous types, you know, and they can be mean. This time, I don’t have inhibitions anymore to dodge an opportunity of commenting about what happened last Saturday and what does it mean.

Christy did not run uncontested. She was opposed by Romeo Fortea. She had a complete line-up of officers, and she had a platform. When the dust settled, the lawyers of Misamis Oriental overwhelmingly favored Christy for various reasons which her gender may not be a primary factor, but it was a factor nevertheless. You see, after several bottles of beer, some alcohol-induced brilliant lawyers arrived at the following conclusions: one, the lawyers of Misamis Oriental are until now, still regionalistic. They tend to favor those who come from the area. Misamisnon for Misamis Oriental. Second, it pays to have a good professional relationship with co-lawyers because you can bank on their votes no matter how poor you are (meaning, you cannot afford to treat them to a night of booze and whatever to be on their good side). Third, it is good to be on the middlescence group, because most of the younger lawyers will know you more than the older ones. Fourth, it is better to be a worker and visibly working with visible results than become visible only when it’s time to reap the results of someone else’s work. Finally, it pays to be a woman.

Huh? Yeah, I know, Christy’s gender was downplayed as a factor to her winning the presidency. The drunken analysts opined strongly that it was not a woman-versus-man thing; it was actually a generation war, young-versus-old. And we know that, when it comes to running, the winner usually is the one who runs faster.

But for the women lawyers who voted last Saturday, it was a woman’s triumph as well as that of the younger generation. The women campaigned vigorously, yet quietly. Those who can influence or persuade votes did it silently.

But Christy’s victory did not end after the elections last Saturday; it will end on the next Election Day, in 2009. Her challenge is not to govern well, but to do beyond what is expected of her, as a lawyer, as a president and as a woman. Women leaders have always been victims of being compared to men when it comes to leadership and most often than not found wanting. Now, when you’re comparing a woman’s leadership to that of an individual whose penchant for management is to delegate, delegate and delegate to his secretary or administrative assistant, we’re always going to conclude that women are nothing compared to men. Yeah, right. Comparing a woman’s leadership quality and that of a man’s is like comparing Angelina Jolie and Bakekang. Same body, different packaging, therefore, different effect. (For comments and/or violent reactions e-mail me at coi_416@hotmail.com)

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wHO pAYS tHE pRICE wHEN tHE wEDDING iS oFF?

October 29, 2008

Last time I wrote about who gets the ring when the wedding is off, this time I would like to yak about who pays the price when the wedding does not push through. Hey, I was never jilted, neither was I given a ring, although if I was, I would have pawned it and bought something more to my liking, like a case of beer with lots of pulutan, and a night out in town with friends. And if it was really an expensive ring, would have traded it for the latest cell phone or a digital camera.
In the Philippines, a mere breach of a promise to marry is not an actionable wrong. This has been decided by the Supreme Court in Hermosisima vs. Court of Appeals (L-14628, Sept. 30, 1960), as reiterated in Estopa vs. Biansay (L-14733, Sept. 30, 1960), and again in Wassmer vs. Velez, (G.R. No. L-20089 Dec. 26, 1964). The Court, in all those cases, pointed out that Congress deliberately eliminated from the draft of the new Civil Code the provisions that would have it so. Hhmmnn and we know what gender of the writers of the draft was then.
So, it has become a rule of law that a breach of promise to marry is not considered a contract which would ripen to an actionable wrong that would entitle the ditched party to go to court and file a case for redress of a grievance. Such jilting, if we can say that point blank, would only evolve into full blown adversarial case in court if actual damages have occurred.
The esteemed Court says in Wassmer case, x x x “but to formally set a wedding and go through all the preparation and publicity, only to walk out of it when the matrimony is about to be solemnized, is quite different. This is palpably and unjustifiably contrary to good customs for which defendant must be held answerable in damages in accordance with Article 21 of the new Civil Code. To those who do not know, Article 21 of the new Civil Code provides: “Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.” So, there.
But hey, on March 27, 2004, Republic Act 9262 took effect. This law is commonly known as Anti-Violence Against Women and Their Children, Act. The law defines “Violence against women and their children” to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, x x x , which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse x x x. “Dating relationship” under the law refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. The law further provides that: “Sexual relations” refers to a single sexual act which may or may not result in the bearing of a common child.
The same law defines “Psychological violence” to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. x x x
Applying therefore the provisions of RA 9262, it is apparent that when a woman is dumped or discarded even before the actual wedding has been set but there was already a public knowledge of the impending nuptials, or there was a breach of a promise to marry and the couple has a common child, and that betrayal caused her mental or emotional anguish, public ridicule or humiliation, then it is safe to conclude that such action amounts to psychological violence which is punishable under Sec. 5 (i) of RA 9262 which violation carries with it the penalty of prision mayor. Sec. 6 of the same law further provides: If the acts are committed while the woman or child is pregnant x x x, the penalty to be applied shall be the maximum period of penalty prescribed in this section. In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.
Geez, don’t shoot the messenger. I am just here to present a discussion regarding the new law. I know, men all over the city would screech in chorus that the law is unfair. In fact, since it took effect almost two years ago, the law has met a lot of flack from the male sector. But hey, dura lex, sed lex, the law maybe hard, but it is the law. Besides, this is just my own exposition; it has not been put on trial, yet.
Don’t worry boys, for as long as the justice system in the Philippines is still predominantly ruled by men, actions arising from this treatise would wait an era to come into fruition. Wanna bet? Besides, if you have no proclivity to walk out on someone you profess to love, you have nothing to fear. This law is also for the fathers of daughters out there. (For comments and/or violent reactions e-mail me at coi_416@hotmail.com).

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For Peace’s Sake

October 29, 2008

ust over a month ago, prospects for peace in Mindanao looked brighter in a long time, when Memorandum of Agreement on Ancestral Domain had been drawn up, extending the land area to be administered by autonomous Muslim leaders. Mediators had helped maintain a ceasefire; a compromise definition of the eternally sticky concept of Ancestral Domain appeared possible.

Now, the MoA is dead, and no matter what kind of modern machinery will be used to resuscitate it can never be revived at least for several decades from now; the negotiating panel abolished, which someday will come back from the dead; the ceasefire abandoned, as it always was the case; and hopes for peace dashed, which has always happened since the time I was born or maybe even before that.

I remember it was in 1996 that then President (Fidel) Ramos reached a peace deal with the MNLF (Moro National Liberation Front), which gave way to the creation of the Autonomous Region of Muslim Mindanao (ARMM); Misuari got his wish, led badly, and lost following. Then the Moro Islamic Liberation Front (MILF) came into being and wanted to have more than what the MNLF has negotiated in ’96; it started targeting civilians (Muslims and Non-Muslims alike) to push their cause, thus peace negotiations resumed under President (Gloria) Arroyo in 2001.

The MNLF and the MILF have been fighting for greater autonomy in Mindanao for four or more decades now. If we look back at history, there’s no escaping the fact that before the Spaniards came, Mindanao was predominantly Muslim. Then came a time when the Manila government sent thousands, even millions, of people from the North, the Tagalogs, the Ilocanos, the Cebuanos, the Warays, the Ilonggos, to come to Mindanao, and start new lives here; the government giving them the lands they want. And so these settlers from the North got the lands. So, when Juan de la Cruz claimed his 100 or so hectares, do you think there was nobody there? There were Muslims and Lumads, of course. Some got their lands legally, some not, maybe more of the latter. As the stories go, some paid 10 hectares with a pack of cigarettes, or 3 bottles of wine.

Legal or not, the facts can speak for themselves — Mindanao is now predominantly Christian, or you may want to call them settlers. It is but right for the people to claim back their lands. But a long time ago the Muslims and the Lumads gave in to the “settlers” or probably “squatters”. When several years have passed and they realized it was a mistake, now want to take it back in a primitive way – war. The “settlers” and the “squatters” don’t want to give in too for they have lived in this place for a long time. Many generations passed and they have developed the land. So, what do we get? A disagreement of colossal proportion.

The Lumads, the original inhabitants in Mindanao, has also the same cause as the Muslims in Mindanao. But we can compare both of them paradoxically; the Lumads struggle to put their cause in peaceful manner; through legal means, assimilation and co-existence. They respect the law, they embrace their ethnicity, and their struggle is coated with peace at the end of the day. No civilian casualties there.

We can also look at the Cordillera administrative region (CAR) in Northern Luzon which is predominantly comprised of closely-related indigenous peoples. The Cordillera peoples face the same problems as that of the Muslims in Mindanao. Their inherent right to self-determination is continually violated; ethnocide and national oppression are directed against their people which are manifested in non-recognition of their rights to priority use and manage over their ancestral lands and resources, militarization, political misrepresentation, commercialization of their indigenous culture, institutionalized discrimination, violation and non-recognition of our indigenous socio-political systems and processes, government neglect of basic social services to indigenous peoples, just to name a few of their problems. But their way of combating such national oppression is to assert their right to self-determination; their right to freely choose and develop their own path as indigenous peoples, by advancing a genuine regional autonomy within the framework of a united, independent, and democratic nation while remaining part of the broader Filipino nation. They are doing this peacefully, and without too much violence and victimization of non-combatants.

It’s a fact that Muslims make up about 5% of the mainly Catholic Philippines and have long felt marginalized. But it is also a fact that women (both Muslims and non-Muslims) comprised almost 50% of the country’s population and they feel and treated marginalized. But do they result to violence to gain recognition and respect? Filipino women have struggled long and hard to have a piece in the pie we call governance; they have given up lives to fight for survival, to be given their own autonomy to subsist apart from the institutionalized concept of having to exist only on the pleasure of the men in their lives; may it be their father, husband, brother, boss or the partner that they choose. But the women, through patience and dogged resolve slowly are getting to where they want to be-becoming equal partners to ensure that development of the country is attained with their active participation. They do these things peacefully, lobbying for the enactment of laws that protect them and their children, and their right to live. Or die trying without a single shot.

My point is, and I do have one is that, it is on the intensity of logic that conflict must be resolved, not the voice of hysteria and anger, hatred or animosity. We should resolve disagreements without disrespect of one’s culture, or religious belief or social inclinations or affiliations and without harming one’s flesh and slaughtering a life. So, for peace’s sake, let’s sit down and talk about our differences, let’s find a way of attaining peace without wasting a life. (For comments and violent reactions e-mail me at coi_416@hotmail.com)

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What Women Want

October 26, 2008

U.S population activist Sharon Camp once suggests that if all the world’s women could determine for themselves when and when not to have children, population problems would resolve themselves with no need for government “control.” And I agree with her enthusiastically.

You see, the traditional view holds that men go out and hunt for food while women give birth and nurture helpless infants to adulthood. Men then kept honing their tools and weapons for bringing down big animals, and human domination then started. However, there is no particular reason to assign men the credit on that, for even after they assumed mastery of weapons and other tools, planetary domination would have eluded them without help. All the meat in the world won’t keep children alive if they aren’t born safely and nurtured with care and vigilance the women who bore them. That suggests some vital roles for women.

Our species wouldn’t have survived without women’s efforts – in fact, not without adaptations that almost surely belonged to women. This is not to say that any particular woman is obligated to perform this task, which I choose not to, or that any man cannot do, the nurturing I mean. Each of us is, or should be, free to choose. It is to say everywhere, at every time in the past, directly assuring a child’s survival to adulthood has been a triumph for which women far more than men can claim credit.

The reason I am tackling this subject is because of the proposed Reproductive Health and Population Development Act of 2008 authored by Rep. Edcel Lagman Rep. Lagman’s bill promotes information on and access to both natural and modern family planning methods, which are medically safe and legally permissible. It assures an enabling environment where women and couples have the freedom of informed choice on the mode of family planning they want to adopt based on their needs, personal convictions and religious beliefs. It does not have any bias for or against either natural or modern family planning. Both modes are contraceptive methods. Their common purpose is to prevent unwanted pregnancies. So what is the issue of the use of artificial and the natural family planning method if their goals are the same? Because one is sanctioned by the church and the other isn’t? Or because one is much effective and the other is not?

There has been a strong, in fact almost violent reaction coming from the church and church-based organizations like Couples for Christ, on the passage of the bill. In fact, no less than Archbishop Paciano B. Ancieto, the chairman of the Episcopal Commission on Family and Life of the Catholic Bishops’ Conference of the Philippines argued that the Reproductive Health Bill is going to lessen the number of people in the country. He said that the population of the country is the best asset the country has and by curbing the growth of the country’s best resource, the Reproductive Health bill is anti-poor. What? Does the good bishop mean we should reproduce more and export manpower overseas or make a meat of each person, sell it in the market and buy food so that others may live? Assuming that the bill would be a success and thus actually would make a dint in decreasing the ballooning population of the country which the government cannot sustain, then we no longer be 85 million hungry Filipinos but at least be reduced to 65 million well-fed and strong people and that is going to be bad, how? Forgive me Bishop, but that argument is lame. It is not the quantity of people who live in an area that matters, it is the quality of the people who dwell in it that is important.

Nowhere in the proposed bill did I see a single provision that promotes abortion or that it is anti-life. The bill expressly provides that “abortion remains a crime” and “prevention of abortion” is essential to fully implement the Reproductive Health Care Program. And although “management of post-abortion complications” is provided, this is not to condone abortion but to promote the humane treatment of women in life-threatening situations in which they don’t have any choice. Young women, unguided and untutored, condemned before they are understood, get pregnant and resorts to illegal abortions, this provision can also help them.

We do know with reasonable clarity what the Philippine population is today and how it is changing. We also know that unrestrained population growth equals unrestricted poverty, yet the opponents of the reproductive health bill don’t see it that way. They believe that by sweeping the issue of expanding population under the rug will somehow lessen the poverty issue, the corruption issue, the peace issue and all other issues that affect the existence of 85 million Filipinos.

Population is a sensitive topic, sensitive because any discussion of population growth quickly taps into an edgy confusion of feelings most of us harbor about contraception, abortion, childbearing and family size, gender relations and sexuality. But it is outstanding how many words have flowed in the population debate, how many heated language and near blows exchanged in the reproductive bill debate without much consideration of the lives of those who bear and raise children.

For us women, it is not just population control, but letting go of control over women’s lives that could lead us safely from between Scylla and Charybdis of poverty and progress, restraint and freedom, servitude and empowerment. (For comments and violent reactions e-mail me at coi_416@hotmail.com)

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What Financial Crisis?

October 23, 2008

What financial crisis?

SHESPEAK: By Fiscal/Sai/Mami Eldred Cole Read more

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Uxoricide

September 19, 2008

ShesPeak: Uxoricide

By Fiscal Eldred Cole

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Cagayan de Oro’s Newest Pride

July 3, 2008

Do we have our own product that we can be proud of? Really? What is that? I’ve been residing in Cagayan de Oro since I went to Law school here but, every time I travel to another place I’ve always been asked by what product or landmark Cagayan de Oro is known for. I’ve always been a little disconcerted to say I couldn’t articulate of anything.

I am an uproot from Iligan City, and aside from the waterfalls, Iligan is known for Chedeng peanuts and sukang pinakurat. What about Cagayan de Oro City then? I couldn’t say pineapple because it is Bukidnon’s product, not even pastilles because it is Camiguin’s. Even if I shout to my heart’s content that we have SM mall here but let’s take it, SM is like mushroom, it grows everywhere. Okay, we have the Lim Ket Kai Mall, but most cities in the Philippines have malls, small ones, big ones and extra big like the Mall of Asia.

Okay, so we have white water rafting, but poor me, I never had the chance to experience it because it feels like I’ve been robbed every time I even think about doing it, it is so disgustingly expensive, that with my meager salary as a government employee, I just couldn’t afford it. Short of robbing the bank, it’s really beyond my means.

So, what about the caves? Palawan has lots of them, even Bohol is proud of having several of them that you could just possibly take one home if you could afford the price.

I’m not saying that Cagayan de Oro has nothing to consider as its own – we have the night café, the night market, and being the gateway of business events is not something to be frowned upon. We can be proud to be known as one city which can offer a lot of business opportunities. We have the ports, the bus terminals and the airport that cater to the three major thoroughfares of the universe of commerce. We are the commercial city from the south. Davao City cannot claim this because of the absence of a viable port in which to transport products and passengers to Cebu City and Manila. We are the center of business of the south. Period.

But you know what? Aside from business, I do believe that we have more to offer from outsiders other than business opportunities, even if somewhat we don’t have lots to offer with regards to nature or natural beauty spots or tourism destination. Let’s take Cagayan de Oro City music. What if Davao City has produced the Freestyle and Make Your Mama Proud (MYMP) bands, with the talented people we have in our City of Golden Friendship, we can breed artists; in fact, we have already bred our own kind of artists. No, I’m not talking about Bulua scandal or Xavier scandal, or other scandals we can count our fingers on, they were not art anyway.

Let’s take this new band who is launching its first album entitled “Love Without Logic”, they call themselves the “Drizzle”, but they are not drizzling with talent, they are pouring it in. They are one of the new bands that hit the mainstream music scene that is often if not always ruled by imperial Manila. And all the five members of the band are from Cagayan de Oro City, three of them are even graduates of Xavier University namely: Edith “Vivi” Viduya, Jr., Frederico “Bong” Flores and Wilbert Tan. The other two are Mario “Maya” Reyes and John Gado. With their unified goal of playing edgy pop music together, the group decided to pack their things to try their luck in Manila to share their unique sound to all of the country. And fortunately, inked a three-year contract with Galaxy record.

Launching their first album in Cagayan de Oro City, the band will be performing at the new Pulse Live Music Venue (formerly Excite) on February 3, 2007 at 6:00 in the evening. This will be their first performance back to Cagayan de Oro City after recording their first album. Let us not be stingy with our support to our new pride of Cagayan, nay, let us be there to welcome them and be proud of them as we are proud to be a Cagay-anon. This is not a paid advertisement, this a public notice of what we as Cagay-anons are capable of. (For comments and/or violent reactions e-mail me at coi_416@hotmail.com) (Written January 9, 2007 and published by Sun.Star Cagayan de Oro)

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