Tag: Maguindanao massacre

Loopholes in the Constitution

Martial Law has been declared. Erap has been allowed to run for re-election. And in both accounts there have been serious questions as to who interpreted the constitution correctly.

In response to the Maguindanao massacre and the government’s difficulty in arresting everyone charged, GMA declared martial law in Maguindanao with the reason citing rebellion as the reason justifying the act. According to the law, (Article 7, Section 18) only invasion and rebellion are grounds for declaring Martial Law. Government officials admitted there was no actual rebellion – only a threat of one which was preventing them from implementing justice in the land. This raised questions within lawmakers as to what rebellion actually covers in the constitution.

For the upcoming presidential elections, former President Joseph Estrada, who wasn’t able to finish his term, decided to run once more for office. He has now filed his candidacy for the May 2010 Presidential Elections although there have been several groups who contested this. Every petition filed against his candidacy claims that he is violating a section of the Constitution (Article 7, Section 4) that prohibited any president from seeking reelection. However, his camp argues that he wasn’t able to finish his term and thus he is exempted from the given rule. This fired up debates on what the constitution really meant in that provision.

What I see in all these is that there are loopholes emerging from the country’s constitution. Either that or people just can’t understand what the law says. These two items that are being heavily contested are heavily influenced by the aftermath of the Martial Law declared by Marcos. The provision about declaring Martial Law covers the fact that no president should be able to lawfully justify declaring Martial Law for the sake of military rule like the one done by Marcos. The other contested provision about Erap running for reelection prevented any president from serving more than his allotted term in office thus preventing another overextended rule like that of Marcos. Both provisions that are being debated upon right now are attempts to prevent another Marcos from rising in the country.

Then again, I believe that there are certain things that should be improved upon the 1987 Constitution. The Constitution is almost 23 years old (same age as me) and in those 23 years there have been a lot of changes in the country – changes that would need some flexibility in the laws. I know a lot are wary about ChaCha and many oppose it but I think they should stop and consider the benefits of the act. I am not promoting radical changes in the Constitution but I want to see some amendments that would reflect the changing times and the changing needs of the country.

I hope our lawmakers would seriously look into the issue of fixing up loopholes in the law that gives the country such confusion like with what is happening now. I hope that instead of passing up pitiful laws like the renaming of streets, etc. they would look at the more important ones. I certainly hope our lawmakers would be able to anticipate social issues that would need more stringent laws instead of waiting for some crime to happen before coming up with the idea that a law could have prevented that from happening. Take the case of the Hayden Kho sex scandals wherein they discovered there was no exact law where he could be implicated or the recent Maguindanao massacre wherein if there was a law banning private armies, then such monstrosity could have been avoided.

The elections are fast approaching and with it the chance to once again elect some of the country’s lawmakers. I hope, as citizens who care for the democracy our forefathers fought with their blood, we would do our chance in voting wisely for lawmakers who would do what they have been elected to do – constitute laws that would be of service to the country and not amass personal wealth that would be of service only to them and a few others.

another dry spell

The Maguindanao tragedy (I prefer to call it that) has left me generally at a lost for what to say. After all those subsequent posts and repost I’ve made, I cannot bear to make another post here – not about what has happened and the developments or even about what is currently happening to me. I know I do not live anywhere near there nor am I related to any of them. But somehow I can feel for them. I even have to stop hearing about the brutality of it all just so I will not have nightmares over what happened. I really hope the perpetrators get punished. All of them including the mastermind.

The revelations of the previous re post was also an eye opener. I know politically related violence is rampant in the country – by how much I do not know. I know a friend of mine lost his father to political violence. But the fact that it is existent and that everyone knows but no one is doing anything about it is simply harrowing. And the fact that the real modus operandi is to kill the opponent one by one – silently. It’s like the plot of some Mafia story.  It was indeed an eye opener. How our country can be such I cannot begin to imagine.

***

On lighter notes, I managed to revisit my almost dead Friendster account. Ever since I got hooked up with facebook, friendster and multiply had to take a back sit. But I still visit them occasionally. So while I was visiting friendster (the why’s of which I will tell shortly), I managed to get over to the testimonials page and discovered several spammy posts – the ones promoting porn sites. So I had to delete them one by one. Then I got the inspiration to search for those testimonies I’ve received from way way back when friendster was a lot cooler for me. I had so much fun reading those testimonies that I was struck with the idea to create a page here that contained all of them. I’ve entitled it What People Say About Me and it is located under the About page. There is even a part 2.

I’m really amazed at what people say about me or what their perceptions are. Just thinking about all those things they’ve said brings a smile to my face.  I get to know myself a little bit better because of what they said about me. More than that, I was encouraged to live my life the way that they see me living it. I do  not deny that lately I’ve been severely disillusioned about my life. I somehow feel like I’ve been thrown off course. Even my best friend had to ask what happened to my carefully structured plans. But reading all those testimonials brought back to mind how I should be living my life. It gave me courage to step forth and accept life’s challenges once more, knowing that I have the capacity in me to survive them.

So for those friends who’ve taken time to write those testimonials, even if it was way way back in 2004, I thank them immensely. And if you want to write your own piece don’t hesitate to go to that page and place a comment. 😀

**

I have gotten a roll in writing so the post as to why I visited Friendster would be separate from this post. ;D

pride turned to shame

Even as the Maguindanao massacre sheds a negative light to the Philippines, there are still people who give the country a ray of hope to hang on to.

 

The recent victory of Efren Peñaflorida as CNN Hero of the Year is a testimony to the world that the Filipinos are not all barbaric and merciless. That in this corrupt country there still exists people with a selfless heart and a sense of goodwill to others.

 

The constant victories of Manny Pacquiao also stands as a testament to the world that the Filipinos are good in their chosen field of expertise. And that there are Pinoys who achieve victory in the goals they set their minds to.

 

Yet I lament that these recent victories have to be overshadowed by the onslaught in Maguindanao. That right now, the world views the country as a very dangerous place to be in despite of the victories others have worked hard for to bring glory to the country. (Glory may not have been their first goal as in the case of Efren but still, he managed to achieve it.)

 

If before we were basking in pride that we were Filipinos, proud of the achievements our fellowmen brought in, now we cannot even hold our head high, as we cringe in shame at the inhumanity of some of our brothers.

 

I am extremely saddened that some Filipinos can have it in their hearts to soil the name of our country. No country really is perfect just as none in this world is perfect. But I still wish, and pray, and dream that there will come a time when Filipinos everywhere will be of one heart and soul – to bring glory to the nation and to the God Almighty.

 

And by that time, all these senseless killings would have ceased.

 

**

 

I have read in comments and Facebook posts that some people are losing hope and thinks that another bloodshed would be better in resolving the conflict or bringing forth justice. But bloody vengeance has never been the solution to any bloodshed. As I replied countlessly, another bloodshed will not resolve a previous one. Cliché as it may be, or seemingly hopeless, the resolution of an injustice must be achieved by methods promoting justice – the accepted lawful way.

will JUSTICE be served this time?

Andal Ampatuan Jr. has been arrested and charged with the mass murder of 57 innocent people during the Maguindanao massacre – the most brutal killing in recent history due to political rivalry. He is now facing life imprisonment without parole if ever found guilty. Everyone is praying that justice will be served to the victims.

 

Yet what is justice really? What side does justice serve? A friend told me that the dirtiest word he had ever encountered was justice. Everyone seems to be shouting it – even the perpetrators. No one seems to want to admit that they are on the wrong side of the law. Everyone cries for justice. Even Ampatuan Jr. denies vehemently his involvement with the massacre. There are even times when people will claim they are wrongly accused and that they deserve justice. In either case, be it the defendant or the prosecutor, both will demand justice. It’s just that in some cases, one party shouts for it louder than the other.

 

Justice is defined as the quality of being just or fair (Free Online Dictionary). Yet how do we know what is fair or what is just? We look at the law. What does it mandate? What does it say? That is the standard by which we administer justice. Yet law is something that is made by man and is interpreted by man. So in the end the administration of justice is still left to someone’s subjectivity in interpreting something that is supposedly objective.

 

No wonder we have cases of justice going awry – bribed judges and juries. Or even out-of-court settlements. What happens when a millionaire is charged with a crime against a poor defendant? He makes amends by settling the dispute out of courts. People who can afford to pay their way out of a dispute – be it big or small – would always do so irregardless of what the law says. Is justice administered then considering that what is fair and just by the eyes of the law was not met?

 

Consider this hypothetical scenario. If a poor man was caught stealing from a rich man, he is bound to be imprisoned or sentenced to the punishment mandated by law. If a rich man was found to be violating the rights of a poor man, he most likely will pay the amount of damages to the poor man to escape the punishment mandated by law. I know there are loopholes to the argument but I hope you get my drift.

 

Point is, justice becomes subjective in relation to a person’s social stature. What is just to the eyes of man and to the eyes of law is different. The poor family of a rape victim would most probably accept millions of payment for damages if they would just stop pursuing the case against the rich rapist. After all, they need to be practical. Putting the darned man behind bars would probably serve justice in the sense that he is punished, but would that bring food to their table? What would they feel if the condemned man manages to bail out or worse was confined in pristine quarters? We cannot deny that rich convicts get certain privileges. Look at Jalosjos.

 

Many have died and sacrificed all in the pursuit of justice. Many have attempted to define it beyond what the dictionary tells us. It took almost 10 years for justice to be served for the Vizconde massaccre. What about the Maguindanao massacre? Would justice be served this time? Or would it be shelved for a long, long time?

 

Human progress is neither automatic nor inevitable… Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.

Martin Luther King, Jr.

 

 

*Credit goes to Richard for the idea and some of the words in this blog. 😀

Maguindanao Massacre: Where has our country gone to?

Once again, the Philippines have made her mark in the international scene. Not only has the country witnessed the most brutal massacre connected to political rivalry but she has also been able to oust Iraq as the most dangerous place for journalists.

It is really appalling how such a heinous crime can happen in our country. It makes one doubt whether there is really hope for the nation or not. I know I love my country but how come my countrymen can do such brutal things to their fellowmen? How can men commit such atrocities to his fellows? I can understand other races declaring war against other races but not the same nationality versus the same nationality? Have they got no conscience?

As I read the reports, both official and personal, I cannot help but feel a rage slowly burning inside of me. Is this what our country has ended up to become? A place where journalists can put to test their love and commitment for their profession in the face of grave danger? A place where women rights are violated as mercilessly and heartlessly as possible? A place where change and good reform is no longer possible and is even gravely challenged?

Mangudadatu realized that if it was he who filed his COC by himself, he would certainly meet a certain death given the fact that he had already been threatened and his requests for security both from the ARMM police and the Philippine Army were denied. A convoy of journalists and women were suppose to be a safe delegation. Apparently, he thought wrong. Journalists and women are no longer immune to the evil plots of the enemy. They are as much targets as men and security personnel are. I wonder if there would have been any difference had the convoy been a busload of school children travelling the dangerous road to file the COCs.

And even innocent motorists were included in the onslaught. How can they be so cruel? Are they this blood thirsty for power?

To think that there have even been speculations that this may suspend the 2010 presidential elections. The upcoming elections already promises to be a brutal one – with the introduction of a whole new scheme of voting and the number of candidates running seemingly endless. Now, even before candidates can file the COCs, bloody events are already happening.

Sometimes I cannot help but make speculations over the entire events. Can it be that this is part of a much larger scheme than just mere political clan rivalries? I know I am not the first one to make such speculations. I don’t know if I am the first to publicly admit them. I sure hope that I do not get abducted just because of this. After all, I am no longer in UP and I am just a mere writer writing inside the confines of her home with only the Internet as her portal to the outside world. I think that hardly qualifies me as an activist worthy of abduction and execution. But with the current administration we have, we cannot really be all too sure.

GMA’s administration has been tainted with blood and gore. There are reports that during her term, there had been mass killings of journalists, abductions of reported activists and many other political killings. Her term hasn’t even ended and already the most brutal killing in recent history has taken place. The Ampatuan clan has been political allies of the current administration. Even if GMA has declared the region a state of emergency and even if their actions have been condemned and they have been expelled from the Lakas-Kampi-CMD party, the fact that they were allies still remain. Could all this then be just a ploy for an extension in power of the person with the highest position in the country?

Even a state of emergency, which would deploy armed men in the region to prevent retaliation can have grave consequences. It may increase the tension in the area and even encourage further bloody combats.

I can’t imagine what would happen next. I certainly pray for a much better future for our country; a peaceful election and elected leaders that would be able to bring a more sustainable future to our country. I agree with my friend when she said that she wouldn’t want a candidate who would promise the stars – a candidate who would promise to give employment to all unemployed and eradicate corruption from the system. What we do need is someone who can give us hope for a better tomorrow through sustainable plans – plans that would indeed be plausible.

More than that, what we need to do is go out there and vote. Well, not just vote but guard our votes as well. If each and everyone of us would show just an ounce of care for the country that we are in now by going out and exercising our political rights, then perhaps there would be some change in this country. It is easy to be apathetic especially if you live in a region far from the tumultuous regions of the country, but we must start having a nationwide vision – a vision that is not merely limited to the confines of our region or worst the small world we move in. We may not know these people who were killed; we may not even give a damn that such monstrosity is happening down south. So long as we are safe in our little niches, we can afford not to care.

But how long will our little niches remain safe? The Maguindanao massacre has far flung consequences that if not addressed properly might lead to the whole country being severely threatened. How long will it be before other political rivals started killing each other? How long will it be before a civil war borne from all this possible political rivalry killings ensue? We must not allow such mindless killings to perpetuate our society. We may not be journalists, nor law enforcers, nor security persons – we may just be simple and ordinary citizens living simple and ordinary lives. Yet there is a lot that we can do to ensure that this country of ours does not fall into the likes of people who value power above common good; who resort to evil for the sake of personal ambitions.

And one of the small but high impact things we can do is go out there and vote in 2010 – and be vigilant about it. If you are not sure who you will vote for, then research about the candidates. Find out for yourself. Create your own opinion and do not merely ride with the popular majority. What is popular may not always be what is right.

I know who I will vote for and I am confident of his skills and capabilities. What about you?

Background

The Maguindanao massacre, or Ampatuan massacre happened in the morning of November 23, 2009 when the members of the political party of Esmael Mangudadatu comprised of his wife, two sisters, lawyers, aides and several journalists who were out to file his Certificate of Candidacy (COC) as governor of the Maguindanao province were ambushed as they pass the town of Ampatuan. The convoy, together with several innocent motorists who were mistaken to be part of the convoy were abducted, killed and buried. Andal Ampatuan Jr., Datu Unsay mayor, has been formally charged with multiple murder and will be sentenced to life imprisonment without parole if proven guilty.

Sources

Maguindanao Massacre (Wikipedia)

Understanding the unbelievable (Philippine Daily Inquirer)

Inquirer man recounts harrowing tales of survival (Philippine Daily Inquirer)

Ampatuan charged with multiple murders (Philippine Daily Inquirer)

 

Disclaimer

These are all just my opinions and speculations. I am not submitting personal observations or speculations as facts. In other words, please don’t abduct me. 😀