Showing posts with label philippines. Show all posts
Showing posts with label philippines. Show all posts

Friday, February 24, 2012

Geographical Indications (GI): Tayabas Lambanog




Marketed as "Philippine Vodka", the VuQo brand lambanog has made it to Hollywood: http://www.abs-cbnnews.com/lifestyle/02/24/12/filipino-vodka-makes-it-oscar-gift-bags

Priced at $24 (about P1,032) a bottle in California, very few Filipinos will get to enjoy this beautifully assembled product in its final form. But in essence, we Filipinos of legal age all know this to be the Tagalog lambanog or more specifically, the Tayabas Lambanog.

Lambanog is a powerful liquor created from the fermented nectar of the coconut flower. This nectar is then distilled and collected as Lambanog. The final product is a clear white liquid containing around 20% to 40% alcohol (40 to 80 proof) and is drank on its own or mixed with tropical fruit juices like mango, calamansi, lime, orange or pineapple.

So how did this P200 per gallon power liquor turn into a luxury? Simple. Proper intellectual property management and marketing. 

First, the VuQo brand was developed and registered as a trademark. This allows the producer to have exclusive intellectual property rights over the brand and market it freely without the fear of counterfeits.

Second, the producer packaged the liquor with elegantly-designed, world-class frosted bottles. This adds class and mystique to an otherwise unromantic ordinary drink. The bottles themselves are protected by industrial design intellectual property rights. 

Third, the producer highlighted the Philippine origin of the liquor, making it exotic, unusual and exciting to the American market. The indication of origin itself may be used as a brand and helps improve the marketability of a product as authentic.

Finally, the story of how lambanog is made and the cultural rituals associated with the drink is spread to promote the authenticity and tradition attached to the drink. These traditional stories become part of the product and part of the experience. Traditional knowledge over the creation of the product, its history and rituals may be protected as intellectual property.

These strategies used helped transform this simple barrio drink into a young celebrity among the drinks of the world.

Back home, the Philippine government and private industries are working hard to set standardized practices for the production of lambanog. This way, we will be able to have the Tayabas Lambanog recognized as a Geographical Indication.

A Geographical Indication or GI is a collective brand like Champagne Wine (France), Praewa Silk (Thailand) or Idaho Potatoes (USA) that is commonly used by producers to certify the authenticity of their product. An internationally accepted GI will help products fetch a higher price in the global market because the producers are subjected to strict product standards that guarantee quality. 

We hope to establish the Lambanog GI, among other Philippine GIs, in the world market and have our brand stand proudly alongside the Scotch Whisky and the Stolichnaya Vodka.

So we work hard to make this dream happen... but since it's a Friday night, allow me to down my first glass of triple-distilled Tayabas Lambanog with a little calamansi juice. Tagay na!




Monday, September 12, 2011

IRS journeys on to 7


and just like that... we are back.





Monday, September 5, 2011

Filipino Brands... Chilling


Filipino brands can be quite chilling... 

This one's for an ice cream stall in Market Market, Taguig City.






Monday, August 8, 2011

Jollibean


from www.jollibean.com

Yes, Singapore copies too.

I don't know the real story... whether Jollibee has ever tried to sue or whether they can even win this case.

This can certainly be an interesting debate about protecting well-known Filipino marks. 

If Jollibee can't be protected as THE well-known mark, then all others might as well be lost in overseas commerce.

Have a cup of Jollibean while you think about it...

from www.jollibean.com






Saturday, July 30, 2011

Shangri-La Restaurant Lives


Shangri-La Restaurant in Times Street, Quezon City, Philippines

From the trademark-junkie favorite Shangri-La International v. Developers Group (G.R. 159931, March 31, 2006 and January 22, 2007) case. 


_____


Read the two Shangri-La cases in the Philippine Supreme Court here:

first case:

second case:






Diner Dash in the Flesh


Copyright & Trademark Infringement in One Strike
spotted along Bayani Road, Taguig City, Philippines




Thursday, May 19, 2011

Philippine Jurisprudence: The Skechers Trademark Case (2011)

Skechers, USA, Inc. v. Inter-Pacific Industrial Trading Corp.
G.R. No. 164321 (2011)

Skechers, USA Inc. is the owner of the registered trademarks “Skechers” and “S within an oval logo”.






Skechers filed a criminal case for trademark infringement against several store-owners that were selling shoes branded as “Strong” and bearing a similar “S” logo. The Regional Trial Court (RTC)  issued search warrants, allowing the National Bureau of Investigation (NBI) to raid the stores and confiscate 6,000 pairs of shoes.

The accused moved to quash the warrants, saying that there was no confusing similarity between the “Skechers” and the “Strong” brands.

The RTC granted the motion to quash and ordered the NBI to return the seized goods. The court said that the two brands had glaring differences and that an ordinary prudent consumer would not mistake one for the other.

On certiorari, the Court of Appeals (CA) affirmed the RTC ruling.

The matter was elevated to the Supreme Court (SC).



Issue: Did the accused commit trademark infringement?


Yes, the accused is guilty of trademark infringement.

Under the IP Code (RA No. 8293), trademark infringement is committed when: 
Remedies; Infringement. — Any person who shall, without the consent of the owner of the registered mark:  
155.1. Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or  
155.2. Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant feature thereof and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable in a civil action for infringement by the registrant for the remedies hereinafter set forth: Provided, That the infringement takes place at the moment any of the acts stated in Subsection 155.1 or this subsection are committed regardless of whether there is actual sale of goods or services using the infringing material. (emphasis supplied)

There is trademark infringement when the second mark used is likely to cause confusion. There are two tests to determine this:
1. Dominancy Test – the court focuses on the similarity of the dominant features of the marks that might cause confusion in the mind of the consumer. Duplication or imitation is not necessary. Even accidental confusion may be cause for trademark infringement. More consideration is given to the aural and visual impressions created by the marks on the buyers and less weight is given to factors like price, quality, sales outlets and market segments.  
Applied to this case: The SC found that the use of the “S” symbol by Strong rubber shoes infringes on the registered Skechers trademark. It is the most dominant feature of the mark -- one that catches the buyer’s eye first. Even if the accused claims that there was a difference because the “S” used by Skechers is found inside an oval, the fact that the accused used the dominant “S” symbol already constitutes trademark infringement.  
The SC disagreed with the CA reasoning that the “S” symbol is already used for many things, including the Superman symbol. Even if this is true, the fact that Strong used same stylized “S” symbol as that of the Skechers brand makes this a case of trademark infringement. The same font and style was used in this case. The Superman “S” symbol is clearly different from the “S” in this case.  
2. Holistic or Totality Test – the court looks at the entirety of the marks as applied to the products, including the labels and packaging. You must not only look at the dominant features but all other features appearing on both marks.  
Applied to this case: Both RTC and CA used the Holistic Test to rule that there was no infringement. Both courts argued the following differences: 
  • The mark “S” found in Strong Shoes is not enclosed in an “oval design.”
  • The word “Strong” is conspicuously placed at the backside and insoles.
  • The hang tags and labels attached to the shoes bears the word “Strong” for respondent and “Skechers U.S.A.” for private complainant;
  • Strong shoes are modestly priced compared to the costs of Skechers Shoes.
  •  
Also using the Holistic Test, the SC corrected the lower courts and ruled that the striking similarities between the products outweigh the differences argued by the respondents:
  • Same color scheme of blue, white and gray;
  • Same wave-like pattern on the midsole and the outer sole;
  • Same elongated designs at the side of the midsole near the heel;
  • Same number of ridges on the outer soles (five at the back and six in front);
  • Same location of the stylized “S” symbol;
  • The words "Skechers Sport Trail" at the back of the Skechers shoes and "Strong Sport Trail" at the back of the Strong shoes, using the same font, color, size, direction and orientation;
  • Same two grayish-white semi-transparent circles on top of the heel collars.
The features and overall design of the two products are so similar that there is a high likelihood of confusion. 
Two products do not need to be identical, they just need to be similar enough to confuse the ordinary buyer in order to constitute trademark infringement (Converse Rubber Corporation v. Jacinto Rubber & Plastic Co., 186 Phil. 85 [1980]). Also, the difference in price cannot be a defense in a case for trademark infringement (McDonald’s Corporation v. L.C. Big Mak Burger, Inc., 480 Phil. 402, 434 [2004]).


There are two types of confusion:
  1. Product Confusion – where the ordinary prudent purchaser would be induced to purchase on product in the belief that he was buying another.
  2. Source or Origin Confusion – although the goods are different, the use of the mark causes the consumer to assume that both products originate from the same source. 
Trademark law protects the owner not only from product confusion but also from source confusion. Protection is not limited to the same or similar products but extends to all cases where:
  • The consumer is misled into thinking that the trademark owner extended his business into a new field;
  • The consumer is misled into thinking that the trademark owner is in any way connected to the infringer’s activities; or 
  • The infringement forestalls the normal potential expansion of the trademark owner’s business.

Trademark law does not only protect the owner’s reputation and goodwill, it also protects the consumers from fraud and confusion. 
In this case, it is clear that there was an attempt to copy the trademark owner’s mark and product design. In trademark infringement cases, you do not need to copy another's mark or product exactly. Colorable imitation is enough.


Monday, December 20, 2010

My Lakbayan Grade as of December 20, 2010 = B





My Lakbayan grade is B!


How much of the Philippines have you visited? Find out at Lakbayan!
Created by Eugene Villar.


_____


I'm up to a B.





Friday, December 17, 2010

Is Copyright a Human Right?

Some writers are convinced that copyright is merely a statutory benefit -- that is, it cannot exist without the law.


Like many writers from Europe, however, I subscribe to the old world philosophy that copyright is a human right -- that it transcends business interests and embraces the sacred relationship between the creator and the creation -- the author and the work.


Although domestic laws and treaties do contain provisions on protecting intellectual property, they cannot be considered the ultimate source of these rights. They do not arise from agreements or legislation, but from human nature as creator.




Two important pieces of international law articulate this philosophy:


1. Article 27 (2) of The Universal Declaration of Human Rights (UDHR), known to be the document of authority for human rights, reads: 
Everyone has the right to protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author;
2. Article 15 (1) of The United Nations Covenant on Economic, Social and Cultural Rights (UNCESCR) also reads: 
The State Parties to the present Covenant recognize the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Like any other person of any other profession, artists, authors and scientists deserve to make a living from their talents. More importantly, they must be acknowledged as the creators of their work. 


So is copyright a human right? To give a yes or no answer to the issue would be a serious oversimplification that ignores the history and philosophy behind copyright.


The right answer would have to be "partially" -- copyright is partially a human right. At least in the Philippine legal system, it has to be understood this way. Why? Because our law fuses (or confuses) the concept of copyright in the civil law and the common law sense.


Civil law traditions treat copyright or author's rights (droit d'auteur to the FrenchUrheberrecht to the Germans) as a sacred bond between the author and the work. These rights form what we call in the Philippine IP Code as moral rights. Moral rights, particularly the right of paternity, ought to last forever (e.g. William Shakespeare's authorship to Hamlet will never expire by mere passage of time). 


This is the part of copyright which I am inclined to declare as a human right -- the right of paternity. Like any other human right, it is imprescriptible, inherent, inalienable and universal. Authorship, therefore, must be likened to a status rather than a right. For a right often disappears after the death of the owner while a status of paternity lasts forever.


So what is the right of Paternity? Section 193.1 of the Philippine IP Code describes it as 
the right to require that the authorship of the works be attributed to him, in particular, the right that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work 


The old intellectual property law (PD 49) correctly declared that the right of paternity lasts forever. The new law downgraded the right to last only for as long as the economic rights (generally the author's lifetime plus 50 years). This is unacceptable because it limits that part of copyright that is a human right. Today, a bill is being discussed in the Philippine House of Representatives to revert back to the old rule. I hope that the fruit of these discussions finds its way into law very soon.


Common law traditions, on the other hand, tend to focus on the economic benefits of copyright and how it can be used to generate wealth. In Philippine law, these are called economic rights. Economic rights necessarily last only for a certain period of time because they are only statutory grants used to secure a return on investment plus profits for the creator of a work and his or her heirs. 


This is the part of copyright that I consider merely a temporary grant by law, which may be removed or suspended for a greater public purpose. They are not imprescriptible, inherent, inalienable or universal. They, therefore, do not possess the essential characteristics of human rights. 


So here we have the Philippine copyright system. By way of Spain, we carry the long-standing traditions of civil law going back to the Roman Empire -- a philosophy which treats authorship with unique but well-deserved reverence. By way of America, we carry enterprising prowess of the common law tradition -- a philosophy grounded more on giving each creator a livelihood and a chance at survival. And somewhere in the middle of all this, we find ourselves still trying to figure out what to do with our inexhaustible creativity and how it can lift us up to better places. 


For now, we can rest better knowing that we do possess human rights as creators... Partially.


_____

For further reading:

See Mark Robert A. Dy, Teach the World to Sing: Restructuring Philippine Copyright Law under a Regime of Free Expression and Culture (2009) (unpublished J.D. Thesis, Ateneo de Manila University School of Law) (on file with the Ateneo Professional Schools Library). 



Saturday, November 7, 2009

Sundown Caffeine featured in the Philippine Daily Inquirer (PDI), thanks to Nokia IAC



Here is the transcript of the original unedited interview:


What are the names of the band members?


Mark Robert Dy, "MRD" (vocals & rhythm guitar)
Conrado Cruz, "Conrad" (lead guitar)
Gerard Munsayac, "Gboy" (bass guitar)
Ian Joseph Alesna, "Ian" (drums)


How did you come up with the name of your band?

The band name emerged from our observation of Philippine cafe culture. People consume coffee or tea any time of the day, even late at night. It stops being about necessity, but true unapologetic desire. We think this is a perfect simile for our music. Like sundown caffeine, our music is something we take in not because we need to, but because we want to.


How long have you been a band?

The band was formed in Cebu back in 2004, but we only started playing with the new line-up in Manila last December 2008.


How would you describe your band's music? 

A combination of rock, blues and country, bent to suit Filipino island culture and taste.


What are you busy with now? 

We are busy arranging songs for our debut album release next year. We all have pretty tough day jobs, so it has been one monster of a balancing act.


What made you sign up at the IAC website?

A friend told us about it. What intrigued us enough to sign up as an IAC band is the fact that big corporations like Nokia are beginning to value independent artists who would, otherwise, never stand a chance against the muscle of the mainstream music industry.


What's one song that you play that you think people should hear? why? 

The song we're proudest of is Nine Rivers because of the simplicity and human-ness of its message. The song talks about making the tough effort to pick up the pieces and move on after a big tragedy... I'm pretty sure this is a sentiment anyone would be able to identify with.

You can see the music video of the song at: 
http://www.flippish.com/lss-sundown-caffeine/

If you like the song, please support us by voting at the Indyhits Website:http://www.bandpromote.com/votes.asp?BandID=525 

As of today, our song Nine Rivers is ranked number 12 out of 725 songs on the IndyHits Chart in Los Angeles, California.


Has being in the site given you more exposure?

Definitely. We are an independent band. This means you won't find our music in malls or record bars. IAC allows us to reach our audience directly without any direct cost to us. This is truly a gift from Nokia. Many people who listen to us today would never have known about our work, had it not been for sites like IAC.


How do you feel about bands using the Internet to market their music?

There's no stopping it. This is the future. Not only are we reaching a broader global audience, we are also saving a lot of paper, metal and plastic in the process. Green and global. If people use it right, the Internet can be a wonderful thing.


When are your next gigs? 

Our gig schedules change from time to time. You can check out our website for updates: www.sundowncaffeine.com 

Our next major gig will be the Island Rock Show 2: Speak Your Mind in November 14. This will happen at Checkpoint Louie's Bar in Paranaque. 


How else can people catch your band? 

Visit our official website at www.sundowncaffeine.com 


What's the best thing about being an indie band? 

Nobody tells you what to do, how you should do it, when you should do it or why.


Is there anything else you want to promote?

Support Independent Music. Support Nokia's Independent Artists Club.






Saturday, October 24, 2009

Simply Great

To become truly great, one has to stand with people, not above them.
- CHARLES DE MONTESQUIEU


In this world of greed and inflated egos, this is a story that must be told so that we might remember that there are still wonderful people out there... that there are still gestures of greatness, no matter how seemingly simple for the originator.


This week, some people from work and I were doing the final edit of a WIPO Copyright Book. We wanted to "Filipinize" the book by changing the examples to suit Filipino culture and experience.


One of the examples in the book was a comic strip by a famous American cartoonist. We wanted to transform the page, and one thing instantly came to mind: Pugad Baboy by Pol Medina, Jr.


I was hesitant at first in asking Mr. Medina for permission to use one of his book covers for the publication. Nevertheless, we sent him an email and formally asked for his permission.


He replied and said "yes" immediately. We were ecstatic. 


And so that was that... or so we thought... 


Three hours later another email arrives... and lo and behold... Mr. Pol Medina, Jr. sent us a strip specially customized for IP Philippines.




This was so much more than we could ask for. He was able, to sum up in four boxes what the office has been trying to do for many decades.


Medina is one of the biggest names, if not the biggest, in the industry. He reportedly earns five figures each day for a single strip on the Philippine Daily Inquirer... and yet, with this single stroke, he obliterated the mystique that surrounded his person and his empire... his generosity and humility is something that just gives me goosebumps each time I think about it.


We don't need to save lives to be great. We don't need to die as martyrs or run for president to be remembered forever.


Sometimes, doing what you do every single day generously and with a humble heart is enough. This time, it truly was.


Mabuhay ka, Pol Medina, Jr.! Mabuhay ang Pugad Baboy!


To know more about the cartoon, see:
http://en.wikipedia.org/wiki/Pugad_Baboy



Monday, October 12, 2009

The Capiz Reflection: Traditional Knowledge and Indigenous Peoples' Rights



If This Is Your Land, Where Are Your Stories?
- J. EDWARD CHAMBERLIN

There is very little we know about ourselves in spite of the years and years of formal education we are compelled to accomplish... but ever so rarely, a moment comes when the horizon suddenly explodes into wide view for just a split second... and we are forever transformed by what greatness we see and what little we remember.

For me, this experience was not a first in its valuable components, but it was certainly a first in its combination. I have been an Indigenous Peoples' Rights Advocate for about five years now and an artist for much, much longer than that... but I never really had these two separate worlds fuse into a beautiful mesh of philosophical possibilities (this only goes to show how little we do with even the things we think we understand).

When you talk about Indigenous Peoples' Rights, one word immediately comes to mind: LAND. After that, everything else becomes a blur, an afterthought, a collateral matter. I fell into that same trap and found myself deprived of a wider area of understanding where I could have given more of myself. After all, what is land without the beliefs, the creations, the art, the epic tales, the science, the survival, the artifacts, the crafts and all that is produced by the minds of the dwellers of that land?


Human communities will never be limited to the physical act of building houses, planting crops and hunting game... All these things acquire meaning... all these things are jealously inseparable from human imagination. In every society, no matter how ancient, there will always a wealth of creativity... from the artisan, the alchemist, the healer, the inventor, the craftsman, the musician, the poet, the merchant, the weapon-smith, the carpenter, the builder, and even the town crier. 

The sun and the stars will never be just balls of flaming gas, but bodies that aid people in navigating through treacherous waters and explaining personalities, behavior and cosmic events... the land will never be just dirt, bugs, and roots but a sacred source of life, healing, and stability. Modern societies and religions reject these notions as "superstitious beliefs" and "heresies"... but today, in this chapter of global decay, this ancient wisdom and affinity to nature just might be what will save the human race.

Makes me think how ignorant we really are today.

When I entered IP Philippines to work, I feared one thing: that my advocacy for human rights would be in peril... that it would be just a pleasant memory (if not the only one) from my days as a law student. I tried to rationalize this by demonstrating that intellectual property is a human right (a fact that I think I proved in my graduate thesis... but was actually more of an attempt to convince myself). Then comes this opportunity... this gap in legal and philosophical understanding that allowed two of my great passions to step in together and shake my imagination.


I was humbled during these few days in Capiz... I was humbled by the T'boli weavers and musicians... by the Ati alchemists and the healers... by the Kalinga builders and percussionists. For these people, art and science have always been a part of life... not just source of cheap thrills. Everything I saw was celebration of hundreds of years of the diversity and unity of what we now know as the Filipino.  

After the reflection, comes the resolve. What I do with what I know must protect human creation... not only that which is new... but also the creativity that has been part of our history and heritage. We are who we are today because of these things... and only by looking back at them can we find a way to deeply know ourselves.

In the end, I had to step out of lawyer-mode to become part of the entire human experience of pure imagination. Doubts were kicked aside and disbelief was suspended. What I found humbled me and humbled me again as it expanded my mind further (and this didn't even involve Peyote).

Now it's time to come home, knowing that I am mounds richer today than I was a week ago. Thank you, Capiz.



Saturday, August 1, 2009

Yellow

I am not embarrassed to tell you that I believe in miracles.
-    CORAZON C. AQUINO


Have we forgotten?


… that we were once the masters of democracy?


… that in 1986, long before anyone had even heard of Barack Obama, there was a more pronounced and dynamic miracle here in our very own islands?


… that we were the envy of the world for our singular display of peace, reconciliation and true power?


Back in the day when power was yielded by the vicious, it was unthinkable that a housewife with no political ambition could topple down a twenty-year-old empire. The proud few fell under the furious voice of the humble in glorious unison. 


“No more”, they said. 


“Not in my country”, they said even louder.


To avoid falling into the trap of romanticizing the past too much, understand that it was no secret that Tita Cory had her share of failures and frustrations. As her administration was cursed by violent coups, natural disasters, and economic ruin, she had an army of critics that watched her every move. This forced her team to be dynamic in both composition and strategy. In the end, she never really settled in. There was no calm -- no settling of the dust from the aftershock of Marcosian and natural devastation. She sat at the edge of her seat during her entire service.


President Aquino was not your typical idealized hero. She was not one who rose from the masses to become a champion of the people. She was never in war, or tortured, or humiliated. She was part of the elite Cojuangco family that had much in life. She had everything she ever needed, including a US education, a secure family and a fount of inexhaustible finances. 


She could easily have sat back to watch the wicked and the greedy devour each other while keeping her family safe, not losing a single night’s rest. But she chose a difficult life. She chose to jump into the fray and serve her God and her people. 


It was her great personal sacrifice that won for us a sustained increase in national hope. It was this -- her resolve to abandon the quiet life that she craved in exchange for a life lived for everyone else -- that made the Filipino people feel even human again.


The years when she was in the Palace were not the most productive years for the Philippines… they were not the happiest years… they weren’t even the most peaceful years… 


… but they were certainly the most hopeful years.


And we lost this because we have forgotten that it's not what you have or what you've been through that defines you as a true leader… It’s how much you’re willing to give up.


That is the story of Corazon C. Aquino.


And it is a story we must constantly revisit and learn from.


Because certain great sacrifices have to be made in the months to come… and we shall see who will finally step up to take the challenge head-on.


Rest in peace, Madame President.





Friday, June 26, 2009

Happiest People on Earth

Published in Cebu Gold Star Daily

Through humor, you can soften some of the worst blows that life delivers. And once you find laughter, no matter how painful your situation might be, you can survive it.
-    BILL COSBY


It doesn’t take a professional therapist to know that humor is one of the finest coping mechanisms that the human animal has ever had the good fortune of learning. 


Filipinos, more than any other people in my limited experience, have the greatest wealth of humor and its appreciation at their disposal (at par with the Latin Americans, probably). When we dislike what we see around us, our primary reflex is to ridicule it with comments, posters, skits, funny text messages, blogs, YouTube videos, Twitter statuses, and even TV commercials. 


Humor is a cool way of telling the truth without being too emotionally transfixed in its ugliness. As a modest people, this is our chosen method of communication, allowing us to avoid the risk of judgment or rejection. We joke about things we casually and instinctively cannot talk about, especially the big four: money, sex, politics, and religion. It makes life easier to take in and our ideas easier to let out.


Knowing who and how we are today, it’s not hard to imagine the Katipuneros of olden times bursting into laughter after one of their members let out a non-so-quiet fart during one of their solemn strategic meetings. 


It’s not difficult to think about Dr. Rizal laughing at the funny accents of his fellow Illustrados in Europe while giving their fiery speeches during one of their many dinner parties. 


It is not far-fetched to picture Lapu-Lapu's warriors pointing and laughing hysterically at the flamboyantly dressed Spanish soldiers as they landed on the shores of Mactan Island, just before their deadly skirmish.


Humor makes us a malleable people that will not snap with the harsh daily pressures. It doesn’t mean we take nothing seriously – only that our understanding and acceptance of the things we see, hear and experience is cautious and cushioned by a filter of laughter. 


We have never had a superior army against a foreign power. So our foreparents scampered away like vermin only to strike again at the next opportune time. A humorless lot cannot pull that off and sustain it for many months at a time. 


We never had the wealth of our neighbors, and so we are forced to find riches in our imagination. Without humor, many of us would have jumped off our many cliffs or hung ourselves under our many trees.


We are fortunate in our ability to detach from the material world and appreciate the best in any situation. We are strong in our ability to sidestep danger and dodge pain. We are wise in our ability to search for the truth without emotionally overheating. This is how we survive.


Because of all these, in spite of all the frustrations, and regardless of all the insecurities, we are still one of the happiest people on Earth.