Published in Cebu Gold Star Daily
The Philippines is the oldest democracy in Asia. In our minds, we believe strongly in equality, freedom, justice and human rights.
In our minds.
We are one of the poorest nations in the world and yet we have the most number of servants per household. We live in a country where it is customary to leave the care of our children and our homes to people we pay a very minimal amount of money and provide very few benefits to.
The rich down to the middle class have become so accustomed to this social setup that they see no reason to stir the waters with inconvenient change. The poor who constitute the ‘informal service industry’ also do not complain, either because of innate Filipino meekness or simply because they feel ‘lucky’ to even have a job at all.
Worse than the low wages are the ‘house rules and conditions’ we impose upon them. We confine them in our homes inside tiny living quarters with bad ventilation and nothing but a straw mat to sleep on, while we sleep soundly on soft mattresses inside air-conditioned rooms. They do nothing but work all day everyday and are always on call, often disturbed from their sleep late at night to open our gates as we come home from clubbing or a poker game. The next day, they wake up before the sun to water the plants, sweep the floor, cook breakfast and walk the dogs, so that when their masters wake up, everything is in perfect shape. We always eat before they do and provide them with either our leftovers or unhealthy canned goods and noodles. We give them a day off but expect them to come home in time to prepare supper. We prohibit them from dating because we fear losing their services should they decide found a family of their own.
Sound familiar?
Of course, I speak of averages. The worst ‘masters’ among us shout at their helpers and even call them names. In the very worst scenarios, physical abuse is an everyday thing.
The best of us offer education and health benefits to our domestic companions and even give them opportunities to augment their income through livelihood programs. Some employers always have their helpers with them at the same table no matter where they choose to dine. Few even get to travel around the world for free. But this, of course, is an anecdotal rarity.
Nonetheless, most of our house helpers suffer the very worst working conditions in and outside the country. Even Philippine labor law treats them as sub-human workers who deserve much less than everyone else who works as hard or less.
This unspoken Filipino caste system has gone on for so long that we even export our helpers to every country in the world who would have them. Some foreign employers have inherited our habits and take the atrocities even further by confiscating their helper’s passport and locking them up in their houses.
It is no revelation that foreigners see the Philippines as the number one outsourcer of help. Our people manage and maintain the households of thousands upon thousands of people all over the world, and they get very little in return. Few complain. Few earn enough to live decent lives and die with dignity.
Why do we allow this?
Because it is convenient.
This is something we do not bother to even talk about. Maybe it took a few heart piercing words by a Hong Kong writer to make us see our own errors. Indeed, the truth hurts. But what do we do about it?
These are the people we trust with our most precious possessions: our homes and our children. Do we really want to treat them badly?
Published in Cebu Gold Star Daily
A recent Pulse Asia survey regarding the Filipino opinion about charter change shows that about 42% reject it. But the more alarming finding is that 57% of Filipinos know little to nothing about the Constitution. Although I have this inherent distrust for survey results, experientially, this figure seems to be true. Even I knew very little about our most basic law before entering law school. I just never bothered to learn it back then. And like so many of our Filipino youth, I just didn’t care.
Now that I work for the Filipino people, I have no choice but to do care. So allow me to explain our system of government and how it is supposed to work.
Our government is composed of three parts or branches.
We have the Legislative Branch or the people who make the laws. These are the House of Representatives and the Senate. Legislative Power is otherwise known as the Power of the Purse because it is the lawmakers who design the national budget.
We have the Executive Branch or the people who implement the law. These are the President, the Cabinet members and everyone else working under the different departments. Executive Power is also called the Power of the Sword because it is the Executive that imposes the law and controls the police and the military.
Finally, we have the Judicial Branch or the people who interpret the law in actual cases. These are the Supreme Court justices and the justices and judges of the lower courts. Judicial Power is sometimes referred to as the Power of the Scales because it is the courts that have the final word on actual cases or controversies.
Power is spread out among these three branches because of a long history of world experience that if power belonged only to one person or to a single family, there will be tyranny. By giving specific groups specific powers and duties, they are able to check and balance each other’s actions so that minimal damage will arise out of any fault or error by any individual person in government. In other words, our system essentially is a result of a well-placed mistrust in human nature. This is called the Separation of Powers.
How do these checks and balances work? In several ways:
- If Legislature approves a bad law, the Executive can veto it. If the Executive abuses his veto, the Legislature can, in turn, override it by getting a higher vote.
- If the Judiciary makes a bad decision in a criminal case, the Executive can pardon the convicted person and set him free.
- If the Executive assigns unworthy or questionable persons to the Cabinet or to certain key government positions, this decision can be rejected by the Commission on Appointments under the Legislative Branch of government.
- If certain government officials, namely the President, the Vice-President, the Supreme Court Justices, the Commissioners of the Commission on Elections, Audit and Civil Service, and the Ombudsman prove to be unworthy of their positions, they can be impeached with the initiative of the Legislative Branch.
- Finally, if any person in government exercises his or her power with grave abuse of discretion, the Judiciary can reverse, modify or set aside that abusive exercise of power and order that person to behave properly.
All these are designed to keep power in its proper place.
Sadly, these checks and balances have mostly been illusory in recent years. The Supreme Court Justices, Members of Congress and even the Ombudsman are either friends or family of the President. There exists a personal touch that contorts the entire system into something no longer recognizable as a democracy. The Philippines has been disfigured under the rule of pakikisama. What we used to consider as a value is now proving to be a serious liability and a blockade against national unity and freedom.
After all is said and done, the ultimate check and balance comes from us – the common people. We vote for our leaders, their policies, attitudes, experience, education, faith, prejudices, mistakes, triumphs and yes… their families. Our collective decision will form our collective destiny.
I hope we can all remember this next year.
Register. Vote. And use nothing less than your very best judgment.
Published in Cebu Gold Star Daily
The nature of power is to bend or break the will of the weak. Through the promise of reward or the threat of harm, power is exercised in our daily lives. Today we see two convicted rapists set free because of the power they wield over the weak. One is backed up by the wealthiest nation on earth, and the other by his own personal, less grand but equally effective, wealth, status and influence.
How did it ever come to this?
Since when did we become a people who set criminals free just because they have more money than others who are equally or less guilty?
I remember working with an NGO that serves persons who languish in jail. Our clients were people who have not yet been found guilty but are serving time just because they could not afford to fork out bail money. They are treated as second-class citizens who are herded into our congested, filthy and putrid city jails while they wait for a trial date that may never come. This is my most salient experience of the Philippine justice system. It makes me loathe my choice of profession and want to fly away to a country that values its people.
The nature of power is to bend or break the will of the weak. This is why I do not dare blame Nicole. I do not blame the weak for their weariness and their exhausted patience. I do not blame the fearful woman for running away when faced by the might of the most powerful government in the globe.
Many people spit venomous words at this girl while they watch the news on their plasma TV screens well within their comfort zones. This girl has no comfort zone. As a victim of a violent crime, that’s one of the things taken from you forever. Your reality is altered, and to escape from it by any means possible is a very welcome option.
This is not about her. It’s about us and the system that we allow to sink its roots deep into our consciousness and culture because of our resignation – because of our refusal to speak out and act in unison against the few bad people who have all the power. It is everything wrong about human nature and our unwillingness to rebel against it.
Election after election we grant power to those who don’t deserve it. Year after year we shortchange ourselves by believing that this is our lot in life and this is all that we will ever be.
See the drama of it all. Two freed rapists, two broken women and thousands of confused people behind bars. Welcome to the third world.
Is this the Philippines that was fertilized by the blood of our martyrs? Is this the nation envisioned by the free thinkers of our past?
Many of us feel that we do not belong here. Many of us feel that our one life is too short to waste in a place that does not offer us any real chance for growth. If you have these sentiments, then you are one of the many who have no power – then you are one who truly knows Nicole.
The nature of power is to bend or break the will of the weak. Today, the Philippine dream is to leave the Philippines.
How did it ever come to this?
Published in Cebu Gold Star Daily
Taxation is perhaps the most boring subject matter I can think of to write about (and the most detested subject for those who ever took the bar exams). But taxation remains, or at least it ought to be, the most effective tool for social justice.
Long before agrarian reform, welfare and socialized housing, there was taxation. Taxes are nothing more than enforced contributions to society, where people give a certain percentage of their earnings to fund State services. It is clearly designed as form of socialism or equalizing device to shrink the gap between the rich and the poor.
Here are the basic premises for taxation:
- People gain wealth by using State services and systems (e.g. land, business grants, government contracts, etc…).
- The more wealth you gain from this system, the more you have to contribute to keep that system running.
- If you are poor, you need help, so you are exempted from giving your contribution to the State until you can rise to a level where you can support yourself and those who depend on you.
From this, we formed a system where the fortunate support the unfortunate to a certain extent so that the latter are given enough breathing space to improve their lot in life. Progressive taxation means that those who have more must give more, while those who have less are given assistance.
In its proper sense, taxation ought to be taken from income – money that is gained. This ensures that taxes do not cut deep into the resources needed by people to survive. This ideal has been mangled because the rich find ways to avoid paying their rightful contributions to society. Those who ought to be supporting society are the hiding behind tax shelters and offshore dummy corporations. They avoid their social responsibility and make all these fancy legal excuses to justify greed.
So how does the government respond? By creating non-progressive fixed taxes, like the misleadingly named value-added taxes, that burden everyone equally, rich or poor. This painfully upsets the balance. After all, equal treatment of unequal people is inequality. The purpose of taxation is mangled, and people don’t know why they are suddenly paying 12% more for something that they’ve been consuming for a very long time.
On the other hand, people are quite justified in refusing to hand out their hard-earned money without seeing concrete results. Massive corruption and incompetence of government have left us a cynical people. Angry. Restless. Our taxes do not seem to be making more schools. They do not seem to stop the violence in our streets. They do not give us clean air or water. They do not seal the cracks on our roads or provide enough supplies to our hospitals. They do not seem to provide health, safety, justice, education, convenience or even access to state services.
The nasty people from both the business sector and government have turned us into this nation of whining idiots, always complaining about things we think we cannot control. They have transformed us into people who would rather ignore the difficult reality than actively steer it towards a better place. The greed of the few has virtually doomed us all… all because of money… all because our best defense against greed and inequality also involves money.
In spite of all this, I believe that a tight, disciplined and brutal taxation system managed by people with the same qualities is one of the keys to moving forward. Obliterate all the fixed taxes and optimize progressive income tax collection. This is the surest way to swell our middle class and give a fighting chance to our poor.
The wealthy support the poor.
That is the design.
That is the way it should be.
Published in Cebu Gold Star Daily
Yesterday, I was able to sit in at a meeting with officials from the Energy Department and the CEO of the Philippine National Oil Corporation. Unlike many of the government meetings I’ve been to, this was very much cordial, casual (over pizza) and highly instructional. It was like taking an unsolicited crash course on energy and the oil industry. Like everyone else, the Energy people talked about the possibilities of renewable sources of power and how it is the only choice we have for the next decade unless we wish to enter into a new age of darkness.
Chilling fact: The world’s oil supply will disappear in twenty years.
So what are we doing about it?
Very many things, but not nearly enough.
Initiatives from all over the globe are being made to further our understanding and application of renewable energy. Europe, Japan and America are working full time to come up with mass produced clean energy automobiles. Scientists from all over the globe are working on different kinds of bio-fuels and alternative fuels. Engineers are designing more fuel-efficient and quieter aircraft and vessels. In the Philippines, full support and generous incentives and tax cuts are bestowed upon those who enter into the renewable energy business, through the Renewable Energy Act of 2008.
We are entering into a new age of responsibility where the world’s light can shine brighter than ever before. In this generation, in our lifetimes, we have no choice but to understand the value of interweaving productivity with preservation.
Renewable energy is clean, efficient, free and unlimited. This will provide lower costs for electricity and, effectively, on all goods and services across the board. The better overall quality of life of each and every person will be assured. This is not only good for the environment; it will certainly be good for business.
So, is this a pie-in-the-sky scenario? Many people continue to think just that. But it doesn’t take a delusional optimist to know that we are moving forward with these technologies and fast. Today, it is perhaps the best place to dump your money because every future activity is pointing towards that particular direction. Like buying Google in its first year of operation, this could be a jackpot that is right before our very eyes and it only takes very common sense to realize this.
It’s time we end the age of promise and enter into an age of fulfillment. Our survival depends completely on it. All this talk of environmental protection is nothing more than self-preservation. If we do not get our act together in the next twenty years, our extinction is a proximate certainty. Mother Nature provides but she will not rescue us from our own stupidity. I have no doubt in my mind that Earth can survive and revive itself without us.
But can we do the same without it?
That is your pie-in-the-sky.
