I’m back…and so is the Political Circus!

After a long stupor, I’m back. And what a time to return to the blogosphere! It’s December 1: the last day for the filing of the certificate of candidacies for those wishing to run in the 2010 elections. The top two presidential contenders–Noynoy Aquino and Manny Villar–have already filed their COCs. So have Bro. Eddie Villanueva and ex-Pres-who-wants-to-be-president-again Joseph Estrada.

I wanted to return to blogging by writing about the presidential race but lo and behold, we have something more interesting! President-who-wants-to-be-Congressman Gloria Arroyo has declared her run for the second district of Pampanga. Saying that she still wants to pursue serving the public and that she is heeding the call of the people for her to run for Congress, Arroyo is poised to seek the a Congressional seat after serving as President from 2001-2010!

This has not happened in Philippine political history although two former US presidents did seek other office after their term as commander in chief: Andrew Johnson was elected to the Senate after his term was over, and John Quincy Adams served in the House of Representatives.

And there is no law preventing her seeking a lower office (not that ANY law would actually prevent her, as she had shown thoughout her reign).

But this goes beyond precedence and the law. This is plain and simple arrogance.

First, she says she wants to continue serving the public. But has she asked the public if they still want to be served by her? Is she that great that this country will suffer without her in politics? Such hubris! Well, the country actually suffered while she was in power.

Second, she claimed that she was just responding to the clamor of the people? What clamor? What people? Last I checked, she has the lowest public approval ratings ever. And when did she ever listen to the people? The people have been asking her to step down since she catapulted to office through nefarious means, did she listen?

Third, her yes-men will undoubtedly counter: but there is no legal obstacle to her seeking another post. Correct. But legality is not the issue here. I would not even appeal to her sense morality (as her regime has demonstrated time and again its moral malnutrition!). It is a question of self-respect.

When I heard she was running for Congress, my initial reaction was that of anger and revulsion. Shameless!

But now all I feel is pity. For the first time in her Presidency, I actually feel sad for Gloria. She has no friends. Because if she does, somebody would have told her: “it’s time to let go.”

Nobody loves her. Because if she is loved, somebody would have told her that seeking another office will not protect her from the wrath of the people she oppressed.

She is all alone. Nobody cares for Gloria.

What Should We Do?

So let her run. Give her a good fight. But the fight is not in the second district of Pampanga.

Her strategy will only work if majority of her henchmen win too. The task at hand therefore is to defeat Gloria’s candidates. Her victory will only mean something if her party gets the majority in Congress. Imagine if she wins but her party does not. What happens to her?

She will be all alone. Nobody would care for Gloria.

Can Muslim Religious Leaders Unite?

In December 2006, the administration attempted to push for the constitutional change process by convening the House of Representatives of the Philippines and the Senate of the Philippines into a Constituent Assembly or “con-ass” (one of the three modes of which the 1987 Constitution could be amended). This move was widely opposed by civil society organizations as well as the public. Immediately, the Catholic Bishop Conference of the Philippines (CBCP), the El Shaddai movement, the Jesus is Lord Movement (JLM), the National Council of Churches in the Philippines (NCCP), and even the normally reclusive Iglesia ni Cristo (INC) announced the organization of a prayer rally to oppose the attempts to railroad charter change. A few days before the rally, reacting to the pressure from the various religious leaders, then Speaker Jose de Venecia, announced that he is putting a stop to efforts pushing for charter change.
Two things are clear from the example above: (1) that religious organizations have the potential to influence the actions and policy of government, and, (2) that while all major religions spoke out in this particular national issue the Muslim religious leaders were prominently absent.
While there is debate as to whether the religious should flex their influence in the realm of politics, there is no doubt that religious leaders, when united, can play a significant role not just in their own communities but in the whole country as well. The potential impact of a united and organized Ulama in terms of promoting peace, development and democracy in Muslim Mindanao is tremendous. An organized Ulama can also amplify the Moro voice in the national discourse.
This is then the question confronting the Ulama (Muslim religious scholars) today: can they go beyond tribal and political differences to move towards the creation of a united national federation? Will the Ulama unite for the Ummah?
The Ulama

The Ulama is the body of Muslim scholars trained in Islam and Islamic law who are the interpreters of Islam’s sciences, doctrines and laws. They are also considered as the chief guarantors of continuity in the spiritual and intellectual history of the Islamic community. Described as the learned men of Islam, these are scholars who possess the quality of Ilm, “learning” or the “the ones possessing knowledge” in a wider sense. From the ulama typically emerge the religious teachers of the Islamic community (ustadzes), theologians (mutakallimun), canon lawyers (muftis), judges (qadis), professors and high state religious officials like the shaikh al-Islām. In a narrower sense, ulama may refer to a council of learned men government appointments in a Muslim state.  It has pivotal roles in ascertaining peace, ensuring stability and forwarding development in Islamic communities.
The Ulama are ubiquitously present in Muslim communities and it characteristically represents the consensus of the immediate Ummah or community of Muslims. In the Philippines alone there are thousands of ulama who provide spiritual assistance to communities. As such, Islamic communities respectfully look up to the ulama for spiritual guidance and moral directions. Interestingly, each ulama reflects the various and unique socio-cultural and political orientation of each community it serves.  Aligned together, a network of unified ulama in the Philippines can bring about a celebration of this diversity and at the same time a collaborative coalition that can bring about positive change and progress for Muslims.
A unified Ulama can become a potent force not just in terms of the Muslim faithful but in terms of peace and development in Mindanao as well as providing a learned and strong articulation of the Moro voice in the national discourse.

Empowering the Ulama Project
Recognizing the crucial impact and the influential roles of the ulama as catalysts for peace and development, Philippine Council for Islam and Democracy (PCID) and the Magbassa Kita Foundation, Inc. (MKFI) has always involved the ulama in consultations and forums. In response to their request as well as PCID’s continuous advocacy work of furthering and enriching the study of Islamic and democratic political thought and the search for peaceful solution to the conflicts affecting the Muslim communities of Mindanao , PCID has embarked on a three (3) year Empowering the Ulama Project. With an omnibus slogan, “One Message, One Ummah,” the main thrust of the project is to facilitate national and regional networking among the numerous ulama in the Philippines. By building strong links, the ulama will be more efficient in tackling Islamic matters and its potentials as spiritual leaders will be boosted. This project was made possible by the support of the British and Netherlands Embassies.
First National Ulama Summit
After a series of consultations held in Zamboanga, Cagayan de Oro, Cotabato, Manila and with the Balik Islam community, some 187 ulama from all over the country attended the First National Ulama Summit held at Bayview Park Hotel last January 28-30, 2008. Paramount to this summit is the move to establish a national organization that can be utilized for the advancement of the Muslim communities in the Philippines.  Such unity is crucial for the promotion of peace and development in the Muslim areas—a united ulama can work better for a common cause. Likewise, an amalgamation of Muslim religious leaders is considered to be “a command of Allah in the Holy Qu’ran.”
The two (2) day summit featured lectures from highly respected and well-known Muslim scholars from here and abroad: including Muhammadiyah Chair Dr. Prof. HM Din Syamsuddin, Nahdlatul Ulama’s Dr. Masykuri Abdillah, Prof. Haji Maarouf Bin Haji Salleh of Singapore’s MUIS and Dr. Muneer Fareed of the Islamic Society of North America (ISNA). Workshops and open sessions were also done to give all the ulama participants the opportunity to express their views and positions on issues. What emerged as a common and resonating concern is that the

…disunity destroys not only the Ulama but the Ummah as a whole. Ummah refers to the community of Muslim believers. Conversely, the unity of Ulama who are regarded as learned and models in the community can also result to a strong and powerful Muslim Ummah because it will provide the Ummah proper guidance with regard to the true teaching of Islam. But to be able to even start the process of unification, all participants agree that it is imperative to emphasize brotherhood by setting aside their personal interests, as well as tribal, group and political differences (PCID National Summit of Ulama in the Philippines: “One Message, One Ummah 2008: 2).

As such, it is vital that the participating ulama will shed their garb of differences and instead embrace a sense of solidarity. In this context, the summit was able to gain a consensus among the ulama to establish an umbrella ulama federation that will involve the various ulama groups already in existence. The federated and “umbrella” nature of the proposed organization was intended to ensure the autonomy of these existing groups while fulfilling the need for a united national ulama group. An eleven (11) member technical working group (TWG) was formed to propose the structure that will embody the ideal of the participants to create a united ulama group. The different regions nominated two (2) representatives from the following areas: Zamboanga, Cotabato, Cagayan de Oro, Luzon/Visayas/Metro Manila. One will come from the Balik Islam community, one from the aleemat (Muslim women religious scholar) group and one from PCID.
With a mandate from the participants of the first Ulama Summit, the TWG, in a meeting last April 2008, produced a set of bylaws outlining the organizational mechanism for Ulama unity.
The bylaws were subjected to various consultations with the Ulama from all over the country. The consultations held in Manila, Zamboanga, Cagayan de Oro and Sarangani Province produced substantive debates and recommendations for amendments but also generated a consensus for the adoption, in principle of the bylaws. The bylaws outlined the provisions on, among others, membership and organizational structure (specifically regional and sectoral representation in the governing board).
Second National Summit of the Ulama of the Philippines.
The Second National Summit of the Ulama of the Philippines will gather more than 200 Ulama from 115 local and regional organizations who are expected to approve the bylaws and thereby launch the historic first federation of Ulama organizations. The historic event is going to be held on January 26-30, 2009 at the Imperial Palace Suites.  Besides launching the first federation of Ulama groups, the summit will also feature respected Islamic scholars and leaders from the region will give lectures on “Islam and the Challenge of Modernity”, and, “Southeast Asian Islam”. Invited speakers are Prof. Dr. Abdullah Saeed of the University of Melbourne, Dr. Hisham A. Hellyer, a principal fellow at the International Institute of Advance Islamic Studies, Dr. Endang Turmudi, Secretary General of Nadhlatul Ulama of Indonesia, and Dr. Anwar Abbas of Muhammadiyah also from Indonesia. The 214 Ulama expected to attend the summit from all over the country will also discuss issues such as: the peace process, governance and electoral reforms in ARMM, economic development and livelihood, da’wah , human rights and women. In this regard, resource persons have also been invited including: Atty. Camilo Montesa, Jr. from the Office of the Presidential Adviser on the Peace Process (OPAPP); Commissioner Rene Sarmiento of the Commissions on Elections, Atty. Leila de Lima of the Commission on Human Rights, Ambassador Henrietta de Villa of the Parish Pastoral Council for Responsible Voting (PPCRV) and Atty. Mehol Sadain, former commissioner of the COMELEC.
During the closing dinner ceremonies on January 29, 2009, former President Fidel V. Ramos will deliver the keynote address as well as preside over the oath-taking ceremonies of the newly elected officers of the Ulama federation.

Some Clarifications Re: Open Letter to the Pope

The government, through Press Secretary Jesus Dureza, yesterday responded to the open letter to Pope Benedict XVI signed by various Muslim and Christian groups and handed over by Ms. Amina Rasul, lead Convenor of the Philippine Council for Islam and Democracy (www.pcid.org.ph). Dureza said the government is “grateful there is such an initiative from the private sector,” but added: “it is not necessary to go to the Pope because it is the commitment of our President and the government to move forward in our peace process with armed groups.”

Secretary Dureza said the request of the Muslim groups led by Rasul should not send a wrong message to the Pope. “I think they are giving wrong information to the Pope. The government is after those people who committed criminal acts. They destroyed villages and killed people in Lanao del Norte and Central Mindanao. The police and military are not attacking communities, they are after the criminals,” he added.

As one of the many non-Muslims who signed the letter, I think it is important to clarify the nature of the open letter. First, it is difficult to understand why government, while saying it is grateful for private sector initiative, has become so defensive about a letter to the Pope appealing for the end to the crisis in Mindanao and seeking His Holiness’ help in convincing both the GRP and MILF panels to return to the negotiating table.   National leaders, peace advocates and Mindanao civil society organizations have petitioned the UN Secretary General and other international organizations to help bring the peace process back and end the humanitarian crisis in Mindanao.

Second, it is not a letter from Muslims Filipinos only.   In fact, there are more Christians who signed it than Muslims. The open letter is still attracting more signatories.  The interfaith nature of the letter came in the wake of Ms. Rasul’s participation to the 1st Catholic-Muslim Forum in Rome on November 4 to 6. The signatories include Bishop Nathanael Lazaro, chair of National Council of Churches in the Philippines and General Superintendent, Iglesia Evangelica Metodista en las Islas Filipinas; former Presidential Adviser on the Peace Process Teresita Quintos-Deles, former DILG Sec. Cesar Sarino, former CSC Chair Karina Constantino-David, former senators Santanina Rasul and Vicente Paterno, former Commissioner on Human Rights Atty. Nasser Marohomsalic, Fr. Eliseo Mercado of Kusog Mindanaw,  Ms. Maritess Guingona-Africa of the Peacemakers Circle, Ms. Irene Santiago and Ms. Margie Moran-Florendo of the Mindanao Commission for Women, former UP President now Kalayaan College president Dr. Jose Abueva,  UP Law Dean Atty. Marvic Leonen and Ateneo School of Government Dean Antonio Lavina, Ustadz Esmael Ebrahim of the Darul Ifta Assembly of the Philippines, Professor Clarita Carlos and Ramon Casiple, Institute for Political and Economic Reform, among many.

Third, the government claimed that “wrong information” has been given to the Pope. The letter does not pin blame on one party.  The letter began by saying that “peace and justice have long been denied the minorities of the Philippines – both our Muslim brethren and our indigenous peoples’ communities.” Is this not true?

The letter continued: “Over the last two months, more than 100 have been killed and 600,000 have become refugees. Since the Supreme Court has issued a decision on October 14 that the MOA-AD is unconstitutional, we fear for the resurgence of a war of attrition between the MILF and government.” Even if government contests the number, is there any doubt that lives of innocent people have been lost and disrupted because of the conflict?

The letter then appealed to the Pope thus: “We hope that Your Holiness could help us bring peace and justice to our brothers and sisters in Mindanao by expressing concern about the unfolding humanitarian crisis and appeal for restraint for the protection of all civilians, as well as for the opening of access for the provision of speedy humanitarian assistance to the affected population.” The letter also appealed to the Pope to “help us convince the government of the Republic of the Philippines and MILF to go back to the peace negotiation table as soon as possible. We believe that it is imperative that both government and the MILF share the responsibility (underscoring supplied) for moving the peace process towards a sincere dialogue that reflects heavily the hearts and minds of all people who are affected by the escalating war in Mindanao.” Is government objecting to the letter’s plea for help in terms of ending the conflict and addressing the humanitarian crisis in Mindanao?

The government’s seemingly “defensive” reaction to the letter is truly baffling. We sincerely hope the government does not label this endeavor by well-meaning peace advocates as another destabilization plot—as it often does to anyone who opposes it. Why is government fearful of His Holiness adding his voice to calls for peace in Mindanao?

Finally, government talks about authentic dialog. What authentic dialog with communities can ever transpire if the same communities are under siege? Civil society organizations and community leaders in Mindanao have been appealing to both parties to immediately declare a ceasefire so that the lives of the people can go back to normal and then consultations can proceed.

We can appreciate the role of a government to pursue justice and maintain peace and order; which is the justification of this government in pursuing the MILF commanders. But capturing those commanders cannot be an end in itself. It cannot be the primary objective of any peace policy. One cannot destroy the peace in order to restore it. On the contrary, “there is no way to peace, peace is the way.

The Dilemma of Federalists

Our dilemma is simply this: federalism requires constitutional change and cha-cha (charter change) has been copyrighted by the occupants of Malacanang whose motives are always suspect. Our dilemma is Mrs. Gloria Arroyo.

Many supporters of federalism squirmed when the President announced her support for federalism (again!). While at this, why is it that she suddenly remembers federalism when her administration is in trouble? I remember she campaigned assiduously for federalism at the height of the “Hello Garci” crisis. Now, she rediscovers federalism amidst the controversy generated by her government’s inept handling of the peace process with the Moro Islamic Liberation Front (MILF).

As far as the first effort was concerned, she dangled federalism to move ahead with efforts to pursue a shift to a parliamentary system but dropped it (to the disappointment of Dr. Jose Abueva and the CMFP–Citizens Movement for a Federal Philippines). Now, she’s doing it again.

But let us make some points clear:

First, federalism is an excellent idea. This country needs federalism more than a parliamentary government. tIt aims to constitutionally redistribute powers from the center to the periphery (that is the difference between autonomy and federalism, autonomous local units get their powers from the center thereby subject to its whims; federalism enshrines such power arrangements in the constitution). In short, the principal effect of federalism is that it will make the central government irrelevant. This is also the reason why some opponents of federalism are those who are afraid of this power shift. Here lies the radicalism of federalism–the arena for democratic struggles in a federal arrangement is smaller hence more effective.

Some anti-federalists claim that a shift to a federal form will entrench local oligarchs. That is a valid claim but local oligarchs are already entrenched! In fact, some of them have captured national power to strengthen their hold to power at the local level. Federalism will deprive these local oligarchs of a lifeblood from the national repository of power and influence. State oligarchs (if and when they proliferate upon a shift to federalism) can expect stiff competition from a highly diversified elite class as well as a strengthened democratic citizenry because the arena for participative politics has also improved. The theory is this: Access to politicians in a federal set-up is likely to be easier and information about the state government’s—as well as politicians’—activities more readily available when government is small. With lower costs to participation, participation should increase.

Second, the sitting President supporting federalism (and hence charter change) is a bad idea. She cannot be trusted. And it is not paranoia to think that she will just use federalism to move forward her agenda to extend her term. Remember she said in 2000 that she will not seek reelection. Well, she not only reneged on that and ran for president; she also cheated her way to Malacanang. She doesn’t have the credibility to support federalism because under her watch the powers of the central government especially the executive actually expanded. She has also mastered the skill of manipulating local government leaders to achieve her own ends. Arroyo espousing federalism is like Joseph Estrada advocating marital infidelity.

So how do we deal with this dilemma? Do we just ignore her calls and be fence-sitters? No!

Federalists should get together and defend federalism from being hijacked once again by this administration. By all means, let us debate federalism. Let us start the national discourse on shifting the power arrangement in favor of local peoples. But let us also resist the attempt to prostitute an noble idea. If charter change is to be done to shift to federalism, it has to be through a constitutional convention. Some of GMA’s lackeys claim that concon costs more and takes more time. Well, had we proceeded with concon before rather than waste government resources on the doomed people’s initiative movement, we should have been done by now. Federalism is a radical change in government. It has to be the product of a national consensus. It cannot be rushed. It certainly cannot be fast tracked before she leaves office (it will probably be fast tracked once she’s gone).

Some people call GMA’s endorsement of federalism a kiss of death. I agree. But we cannot let her kill federalism. The same way she attempted to kill democracy in this country.

“THE GRP-MILF PEACE AGREEMENT, FEDERALISM AND THE MINDANAO CONFLICT”

What do Muslims think of federalism? Will federalism bring about peace? How can we situate federalism in the context of the impending signing of an agreement between the government and the Moro Islamic Liberation Front (MILF)? Will it not exacerbate rather than bridge the gap in the distribution of resources? Will it not lead to the ‘Balkanization’ of our already fragmented country? Is the country ready for federalism?

These are some of the questions that will be addressed in the Islam and Democracy Media Forum organized by the Philippine Council for Islam and Democracy (www.pcid.org.ph), with the support of the Konrad Adenauer Foundation. The forum will be held on August 8, Friday from 8.am. to 11:00 a.m. at Club Filipino’s Centennial Room.

The monthly media roundtable discussions, which started in July 2007, are aimed at providing a venue for the discussion of issues affecting Muslim communities and at the same time allow the media firsthand access to opinion makers, scholars, officials and other personalities deeply involved in Muslim issues.

With the intention of speeding up the economic development of the nation, and addressing the cause of rebellion and the ethnic conflicts in the South, Senator Aquilino Pimentel, Jr. filed a resolution, supported by a dozen administration and opposition senators, calling for a shift to a federal system of government. Sen. Pimentel’s resolution has renewed public debates on whether the country is prepared to go federal.

The perceived failure of autonomy—given through the signing of the 1996 GRP-MNLF Peace Agreement—and continued dissatisfaction of the Moro over the iniquitous distribution of wealth and resources in the country have pushed a good number towards rebellion and calls for independence. Federalism is seen as a reasonable solution—short of independence but more substantive than autonomy—to the Mindanao conflict.

Scrap the SONA!

Really.

What do we need it for? To discern the state of the nation all you need are your five senses.

The best way to comprehend the state of the nation is to see the nunger on the streets, to smell the stench of corruption in government, to feel the misery and desolation of those whose loved ones were taken away by a repressive regime, to hear the rage of decent Filipinos over the cheating and deception that catapulted and maintained this administration to power, and taste the bitter pill that this regime wants the poor to swallow while claiming that “ramdam na ang kaunlaran.”

So why do we need to see a fashion show among legislators, rush a P90 million renovation of the venue of the SONA, and listen to the lies of that “lying bitch” (was that what Gov. Salceda used to described his boss? Sorry I couldn’t remember the exact term he used)?

In fact, not only should we scrap the SONA because it has no purpose, we should shelve it because it is a health hazard! I’d like to know how many among the taxi drivers suffered hypertensive attacks upon hearing that their income increased under this administration.

And how many from our Muslim brothers and sisters choked on their food when the President, the same administration that reneged on its earlier commitments to the MILF and continues to renege on its commitments contained in the 1996 Peace Agreement with the MNLF, proclaimed she wanted peace in Mindanao during her term. I wonder how many among us wanted to hang ourselves when we heard this: “As your President, I care too much about this nation…I will let no one, and no one’s political plans, get in the way of the well-being of the people. I will let no one hinder our people’s progress and prosperity. I will let no one threaten our nation’s survival. This is my commitment.”

Wasn’t it her political plans (when she said she wasn’t running in 2001 but reneged) that started the political crisis we have been experiencing?

And who threatens our nation’s survival but her? I really almost fell off my chair when I heard: “As your President, I care too much about this nation…” and that she worries about the housewife, the student, the teacher, and the farmer.

She said, “Leadership is not about doing the first easy thing that comes to mind; it is about doing what is necessary, however hard.” That is true. But why does the poor always have to bear the brunt of this bitter pill. Leadership is about showing your people a clear vision of the future no matter how difficult AND leading the way to that perilous road. She worries about the common tao? Why don’t she and her family switch places with that poor family she cares a lot for?

She blames the imposition of VAT as the cause of her unpopularity. Not true. She was unpopular even before VAT! She doesn’t get it. She is unpopular not because she has the courage to make decisions that may be difficult to swallow. She is unpopular because people do not consider her as their president! This is the reason why whatever her administration does—good or bad—people are always suspicious. Tough, but that is the consequence of cheating your way to the presidency.

Despite the evils of her administration, she will probably survive until 2010. She and her allies, however, should not rejoice. It will be (as it is now) a very lonely and insecure presidency. Just look at the number of policemen mobilized just because the President has to deliver a speech. Her administration will quiver every time a holiday comes along, for fear that destabilization attempts might be launched.

But the saddest of all is this. History, I believe, will be harsh on her. If Claro Recto and Jovito Salonga are often referred to as the best presidents we never had; Gloria will be known as the worst president we should have never had.

Really.

(Erratum: I just remembered, Gov Salceda called GMA a “lucky bitch” not a “lying bitch.” Sorry for that. Really.)

Presidential Prerogative or Arrogance?

Sec. Eduardo Ermita defended the President’s decision to appoint retired Court of Appeals Justice Lucenito N. Tagle and Malabon Regional Trial Court Judge Leonardo L. Leonida as Commission on Elections (Comelec) commissioners by saying that the President has the sole prerogative to choose officials for government posts. “It’s one to recommend, its one for the President to make her decision over something. In the end, it is the President who makes the final decision…That is the essence of presidential decision,” Mr. Ermita explained.

It will be recalled that civil society groups including former Ambassador Henrietta T. de Villa, chairman of the election watchdog Parish Pastoral Council for Responsible Voting, have expressed disappointment with the appointment of Tagle and Leonida as they were not part of the list of persons they recommended to the President.

Malacanang’s defense is, of course, anchored on Art VII, Sec 16 of the 1987 Philippine Constitution:

“The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution.”

Arrogance and Insensitivity

But is the president’s prerogative to appoint absolute? Obviously not. The constitution provides that such power to appoint shall be circumscribed by the power of Congress to give its consent to such appointments. Mr. Ermita, therefore, cannot simply dismiss criticisms from civil society by simply saying that it is “presidential prerogative.” This is because such executive power has to be understood within the context of the principle of separation of powers and the system of check and balance. The idea of separation of powers centers on the need to give the different branches equal but different powers to avoid placing too much power to one individual or group. The corollary system of check and balance on the other hand ensures that any of the branch of government can exercise its power to check possible abuses committed by the other departments. One can surmise therefore that the grant of powers to government comes with a grave concern about ts abuse. This is the particular value of a constitution: to limit the plenary powers of government.That is the essence of democracy, Mr. Secretary.

But beyond constitutionality, the Malacanang’s defense of the President’s recent appointments (including that of a defeated senatorial candidate) reflects the arrogance and callousness that have characterized this administration.

Everyone knows that serious questions about the credibility of the electoral process have been raised since the so-called “Hello Garci” scandal. This government knows that many of the destabilization attempts against it have been motivated by assertions that the President cheated during the 2004 elections. Civil society has not been remissed in reminding Mrs. Arroyo that she should appoint COMELEC commisioners who can at least ameliorate such negative impression. The chair of the electoral body, Justice Jose Melo has also admitted that the agency he heads suffer from a “credibility gap.” Knowing all these, one would think that anadministration, sensitive to public opinion and wanting to strengthen democratic institiutions, would at least appoint commissioners that will reflect the electoral reforms needed to restore the trust of the people towards the electoral process. But no.

What we have is an insensitive government that would rather display its arrogance by telling people that they can pretty much do anything they want. That is the message being sent here. Malacanang created a body to recommend to the president possible appointments to the COMELEC. After that body came up with a list of people with probity and unbesmirched character, what does government do? It ignored the list; appointed its own and defended it by saying it is their power to do so.

The appointees also came up with some sort of a defense: give us a chance; don’t prejudge us. Sorry sirs, we cannot afford to give you a chance. The upcoming ARMM elections and the crucial 2010 elections are simpy too critical to be giving anyone time to prove himself. And besides, civil society has given a long list of people who do not have to prove themselves; why would this government appoint people who begs to be given a chance to prove themselves? Will they resign if they fail? I doubt. We have to remember that COMELEC commissioners can only be removed by impeachment and with Congress being what it is that is virtually impossible. So we cannot just accept the appointment and hope that they do well.

The cliche is true: absolute power corrupts absolutely. But should it also cripple resistance?

Pimentel’s Federalism Proposal

I am reproducing below the speech of Sen. Nene Pimentel explaining his decision to file a resolution in the Senate calling for a shift to a federal system of government. This is, of course, not the first advocacy for federalism. But its significance lies in its timing and its messenger.

The issue of federalism is raised by Sen Pimentel amidst the continuing crisis in Philippine politics that has resulted in the people losing confidence in their government. The renewed call for federalism is also made two years before the next presidential elections of 2010 which different groups see as a potential watershed in terms of significant political reforms in the country.

Recent efforts to establish a federal Philippines have of course been derailed and hijacked by politicians who, at the last moment, dropped the federal agenda in favor of a shift to parliamentary system. Sen. Pimentel, although a veteran of Philippine politics, is increasingly seen as a statesman and therefore devoid of the unscrupulous motivations of past messengers.

Days after its filing, opponents of federalism have raised the usual arguments against it. Which is good. I hope this starts a genuine and impassioned debate on federalism. I will write a separate piece defending federalism against those arguments. But for now, here is Sen. Nene’s speech:

Federalizing the Philippines:The Final Solution within Reason

[Keynote address of Sen. Nene Pimentel at the seminar on Federalism in Carmona, Cavite on April 23, 2008]

First my thanks to Dr. Alex Brillantes, Dr. Simeon Ilago and Klaus Preschle and their organizations, the UP CLRG/NCPAG and the Konrad Adenauer Foundation for inviting me to share my thoughts on the proposal to federalize our country.

To save time, let me go straight to the proposal to adopt the federal system.

Seminal in ‘82

Our formal espousal of the proposal started when the PDP-Laban was organized in 1982 to provide our people a third way of getting out of the mess the country was in. Or, if you please, give them an alternative to both the dictatorship of President Marcos and the armed rebellions that opposed it.

The federal idea that we espoused was seminal in many respects.

We did not like the dictatorship and the concentration of government power that was implicit in it. Neither did we want to spill so much Filipino blood in the undertaking to oust Marcos from power.

Disperse power

We thought that the solution was to disperse power – political and economic – throughout the nation.

The most concrete way of doing it in our mind was to convert the country into a federal republic.

I will now take up with you the most recent form of our federal advocacy.

Invasive surgery

This advocacy is contained in a resolution that I prepared upon request by some of our colleagues in the Senate and in the House, some local government officials and friends from the NGO sector.

The 63-page resolution requires the revision of 14 of the existing 18 Articles of the Constitution and the addition of two new Articles.

To use the more picturesque terms of surgeons, the revision requires an invasive surgery into the constitutional structure of our body politic.

The surgical operation will create 11 Federal States out of the existing political subdivisions of the country and one federal administrative region.

Luzon States

Luzon will have four States, namely:

1. The Federal State of Northern Luzon;

2. The Federal State of Central Luzon;

3. The Federal State of Bicol, and

4. The Federal State of Southern Tagalog.

Metro-Manila will be converted into a Federal Administrative Region along the lines of a Washington, D.C., a New Delhi or a Kuala Lumpur.

Visayas States

The Visayas will have four federal States, namely:

1. The Federal State of Minparom;

2. Federal State of Eastern Visayas;

3. The Federal State of Central Visayas, and

4. The Federal State of Western Visayas.

Mindanao States

Mindanao will have three Federal States, namely:

1. The Federal State of Northern Mindanao;

2. The Federal State of Southern Mindanao, and

3. The Federal State of the BangsaMoro.

Briefly, the State boundaries will cut across the present regional boundaries.

We recommend that the States be constituted out of bigger political territories to provide the environment for competitiveness and sustainability rather than create States out provinces that in many instances might simply be too small to survive as a State.

For easy reference as to how the States are constituted, we have appended a copy of the Resolution to this discussion paper.

National Territory, defined

Please note that the Resolution defines the territory of the Federal Republic and unequivocally includes two previously ambiguously claimed islands, reefs or shoals.

Embraced as parts of the Federal State of Central Luzon are the Scarborough shoals and as parts of Minparom, the Kalayaan islands.

Seats of power, dispersed

The Resolution also disperses the seats of power of the major branches of government.

The executive department will hold offices in the Federal Administrative Region of Metro-Manila.

The legislative department will hold office in the Federal State of Central Visayas.

The judicial department will hold office in the Federal State of Northern Mindanao.

By so doing, the two other major geographical regions of the country, the Visayas and Mindanao will now fully appreciate that they are important parts – not merely appendices – of the Republic.

Legislative powers, shared

The legislative powers of the Republic are shared mainly by the law-making powers of the Federal Republic and the States. But the provincial, city, municipal and barangay powers and structures are basically left intact.

LGU revenue shares, increased

In terms of allocating the resources of the Republic, a formula is provided in the Resolution: 30% will go to the Federal Government and 70% to the States. Of the 70% accruing to the States, 30% will go the State governments, and 70% to the provinces, cities, municipalities and barangays.

In this formula, the shares of the provinces, cities, municipalities and barangays will be bigger than what is currently provided for under the local government code.

Equalization Fund

There are many other new directions and opportunities provided for in the move to federalize the Republic.

To address the reality that not all the Federal States are born equal in terms of resources and opportunities, the Resolution provides for an equalization fund that will administered by the Federal Government to assist States in dire need of development funds.

Political & economic objectives

For purposes of our discussion and to enable our participants to air their concerns, let me begin to conclude this statement. Let me just add that as we had explained time and again, the federal system is meant to accomplish two major things:

1. Cause the speedy development of the entire country by unleashing the forces of competitiveness among the States, and

2. Dissipate the causes of rebellion in the country and particularly in Mindanao.

Allow me to underscore the fact that the move to federalize the country is not simply a ‘political’ undertaking it is also an economic effort. By creating 11 Federal States and by converting Metro-Manila as a federal administrative region, we immediately establish 12 centers of power, finance and development throughout the country.

Under the unitary system that has characterized the government for centuries we only had one center of power, finance and development: Metro-Manila.

Just & lasting redress

The federal proposal will hopefully provide a just and lasting redress of the grievances of the powerless and the neglected sectors of society, like the Moro peoples of Mindanao.

By federalizing the Republic, the States will hopefully be able to address the needs of their component sectors more readily.

And in the case of the Moro peoples, their own federal state would conceivably enable them to run their state government according to their customs and traditions subject of course to the norms of modern democratic governments.

Thank you for your kind indulgence.

Teaching to Transgress

i have been teaching since 1994. man, that’s 12 years. and to be honest, i still don’t know whether i did well or sucked big time.

i started out imitating the style of my favorite professors. as they say “you cannot give what you don’t have”. typical political science/law professor strategy: scare the shit out of your students with hellish recitation sessions, boatloads of readings and an unshakable arrogance. as i love to tell my students then, “suffering builds character”.

maybe i got tired of the routine or the devil talked to me in my sleep. but whatever the reason, i found myself critically examining my teaching style. is this working? am i helping students think critically for themselves? i mean, really think for themselves. not just mimic what i say or agree with my opinions. or am i just power tripping? satisfying my narcissistic tendencies?

it was then that i realized that to make young people think for themselves, i have to stop being a teacher. i have to remove that cloak of authority that tells them i’m always right. i have to allow them to undermine what i represented. i have to make them subversives. in other words, i have to make myself irrelevant.

it was difficult because it’s hard to let go of that much power. it’s not easy to trust other people to do things right. but really, can you teach critical thinking if you do not allow students to question you? others of course would say that young people need structure, they need discipline. but whose structure? this is the type of thinking that values conformity over autonomy. i just think it doesn’t make any sense. de quiros was right when he wrote ” school got in the way of my education, so i quit school”

i think learning should be liberalized from the control of THE “professor”. i think young people should push the limits of authority. i think they should transgress rather than follow. i think they should rebel rather than conform. they should dissent rather than agree. without struggle there is no progress. the more i teach, the less they learn.

but will this not create chaos? yes. and that’s good. structures are meant to be undermined. systems are meant to fall apart. order is overrated.

so while teachers are busy making students learn, students should be busy unlearning. they should create new visions, forge new alternatives and construct their own realities. its the only way to freedom.

Bangsa Moro Parliament files case before international human rights body

(From Samira Gutoc)

The Bangsa Moro Parliament rejects the finding of the military Judge Advocate General’s Office (JAGO) clearing the soldiers in the cold blood murder of innocent Muslims in Jolo Island in the Southern Philippines.

“The finding is expected. It is one of so many that we cannot really trust this military for its insensitivity to civilian justice and for its gross irresponsible partnership in preserving its chain of command, no matter the crime,”Dr. Firdausi Abbas, Secretary General of the Parliament said.

The Bangsa Moro Parliament fears that the military is now projecting its popularly perceived anti-Muslim program in its pursuit of known terrorists in the Southern Philippines, as manifested by its refusal to define who the Abu Sayyaf are while conducting its military operations in Muslim areas.

Seven civilians, all defenseless Muslims, including two children and a pregnant woman plus a government soldier were killed in the operation last February 4, 2008 in remote village in Maimbung, Sulu.

“The irony of it all,” the Parliament said, “the victim soldier who was gunned down was an MNLF integree, part of the implementation of the GRP-MNLF Final Peace Agreement of 1996 when the government signed with the Moro National Liberation Front the agreement to stop the war in Mindanao. The soldier was on a vacation. And to alert the assaulting military men, he shouted “papa alpha”, meaning that he was also an army man but just the same he was ignored and mercilessly pummeled down to death.”

The Bangsa Moro Parliament Committee on Justice conducted an inquiry of its own into the incident and found the military men involved in the murderous killing incident. It refuted the military that the victims were caught in a crossfire, saying that there was no such encounter between the government and the Abu Sayyaf but a plain cold bloodbath.

“The military’s hatred against the Muslims is now reaping its worst madness. It is the invisible bullet that overshadows peace in the Southern Philippines and this is the callous intangible that haunts President Gloria Macapagal-Arroyo in her propaganda against extrajudicial killings,” the Parliament said.

To give justice to our people, especially the families of the victims, the Bangsa Moro Parliament’s Committee on Justice will file a complaint with the International Commission on Human Rights against the AFP and the government.