rePost: Bangsamoro ancestral domain accord may suffer same fate as ZTE ruling

The way that the Supreme Court has been ruling has made it less effective. It has used everything it can to not make any ruling whatsoever. This is patently wrong because illegal stuff keeps happening. Its like do something illegal and rescind it and everything is okay. This is wrong and it has been the habit of the present administration to continually skirt the consequences of their illegal actions by simply rescinding the stuff that they do confident in their belief that the executive department will not be reprimanded by the judiciary. This must stop. The Judiciary must find its balls.
from ABS-CBN news here:

August 22, 2008 Friday, August 22, 2008 8:06 PM
Nation
Bangsamoro ancestral domain accord may suffer same fate as ZTE ruling
By Aries C. Rufo
abs-cbnNEWS.com/Newsbreak
The constitutional questions plaguing the ancestral domain agreement between the government and the Moro Islamic Liberation Front may be resolved the same way the Supreme Court ruled on the equally controversial $329 million National Broadband Network Project.
Like the NBN deal, the SC is poised to rule on the Memorandum of Agreement on Ancestral Domain (MOA-AD). The anti-MOA petitioners want the High Court to decide on its constitutionality but a number of the justices’ questions today during the nine-hour oral argument focused on the case being moot following the government’s move not to sign the document in view of the political storm it has whipped.
The SC, by a vote of 11-3, junked last month for being moot the petition of Iloilo Vice Governor Rolex Suplico to declare the NBN-ZTE contract void. This after the Arroyo government cancelled the contract after revelations it was tainted with alleged bribe offers.
In the ZTE case, dissenting justices questioned the High Court’s cop-out, warning such questionable contracts are bound to be repeated.
In the MOA-AD controversy, such scenario appears headed for a replay as justices raised the argument that it may be premature for them to take action on the case.
In Friday’s hearing, justices zeroed in on the apparent lack of “justiciable” action on the MOA-AD since it appears it is not yet a “perfected contract.”
Not yet a contract
Justice Antonio Nachura, a former Solicitor-General, first raised the supposed premature action to contest the MOA-AD, pointing out that “there is no MOA in the first place” since it was only initialed and not signed.
Justice Ruben Reyes pointed out that under the provision of contracts, the MOA-AD has no legal significance “with the absence of signature” and thus, “not yet a perfected document.”
Counsel for the provincial government of North Cotabato, Estrelito Torreon, agreed that the while the initialing of the MOA-AD may show that the provisions “are not a done deal,” it however, “formalizes consent” by government to commit to the provisions.
Torreon said initialing the MOA-AD “may have an effect in international law” which can be used by the Moro Islamic Liberation Front to further advance its claim for self-determination.
This was dismissed by Reyes, saying “I don’t agree with your answer.”
The MOA-AD provides for a Bangsamoro Juridical Entity that will oversee the new Moro ancestral domain. Under it, the BJE can create its own judicial system, police forces and can enter into economic agreements and establish trade relations with other countries.
Reyes said the initialing of the MOA-AD may simply mean that the parties “have initialed a true and correct copy” and not necessarily the final contract because the one who initialed the document on behalf of government “has no authority.”
GRP peace panel chair Rodolfo Garcia initialed the MOA-AD with MILF counterpart Mohagher Iqbal and was witnessed by Datuk Othman Abdul Raza, special adviser to the Prime Minister of Malaysia.
Asked by Reyes if a signature is requisite to make the MOA-AD valid, Torreon said that the lack of signature in the document does not yet bind the government. To which Reyes replied: “So it is not a contract, not an agreement (yet).”

rePost: RP airs 1st broadcast in South Korea

Koreans are everywhere in the Philippines and I don’t know hope Korea and the Philippines can forge real string ties beyond the Philippines being one of the primary places that Koreans learn speaking English from.
from GMA News Here:

RP airs 1st broadcast in South Korea
08/22/2008 | 09:27 PM
MANILA, Philippines – The Philippines now has its presence felt in the airwaves of South Korea, taking part in a daily multi-cultural radio broadcast, the Foreign Affairs Department said Friday.
The first multi-cultural radio broadcast in Filipino started airing last August 15, a statement on the DFA Web site said.
Aside from Filipino, the multi-cultural radio program will be provided in the languages of three other countries, including China, Vietnam and Thailand, the DFA said.
Regina Arquiza, a Philippine scholar at Ehwa Woman’s University, will host the Philippine segment of the multi-cultural radio program everyday for 30 minutes.
She will play traditional and modern Filipino music, and present educational and cultural programs, such as medical information, legal counseling, job information and an introduction to Korea culture, language and customs.
The program’s time slots are 3 a.m. to 3:30 a.m.; 9 a.m. to 9:30 a.m.; and 3 p.m. to 3:30 p.m.
It can be heard at audio channel No. 855 of Skylife; channel 811 of cable TV operator C&M; and Internet Web sites of Woongjin Foundation (www.wjfoundation.or.kr) and Digital Radio KISS (www.radiokiss.co.kr) respectively.
Woongjin Foundation, the project proponent of the multicultural radio broadcast, hopes to target not only foreign workers but also most especially foreign spouses of Koreans, as a way to help them connect with their roots and keep abreast with developments in their home country.
The Philippine Embassy in Seoul is closely collaborating with Woongjin Foundation by supporting them with materials and information needed by Filipinos at Post. – GMANews.TV

rePost: Malacañang rejects calls for ‘all-out’ war against MILF

It seems cooler heads are prevailing.
from GMA news here:

Malacañang rejects calls for ‘all-out’ war against MILF
08/22/2008 | 04:56 PM
MANILA, Philippines — Malacañang on Friday rejected calls for an “all-out” war with the Moro Islamic Liberation Front (MILF) and said the ongoing police and military operations in Mindanao are only meant to “neutralize” separatists involved in recent attacks against civilians.
“The President wishes to allay fears that an all-out war will be launched by the government in light of increasing calls to do so on one hand, and of concerns of others on the other that such a thrust could be possible at this stage of the vigorous pursuit operations against rogue elements of the MILF,” Executive Secretary Eduardo Ermita said.
Calls for an all-out war against the MILF have been increasing following attacks by rogue members of the MILF against civilians last Monday in North Cotabato, Lanao del Norte and Sarangani last Monday.
Among those who advocated total war was former President Joseph Estrada, who chided the Arroyo government of giving back territory that government forces seized from the separatist rebels in 2000 when he was in power.
On the other hand, religious leaders and human rights groups have warned that an all-out war could only aggravate the conflict that has divided Filipinos in the south for decades. Adding to calls for peace last Thursday was former President Corazon Aquino, who said that peace is cheaper than war.

Most Japinos (Japanese Filipinos)prefer dad's 'love' over citizenship

I have a friend who only wants to meet his siblings. With the way that Japan is slowly accepting that their close society can no longer be as restrictive, it is just a matter of time before my friend gets his wish.

Most Japinos prefer dad’s ‘love’ over citizenship
MARK JOSEPH H. UBALDE, GMANews.TV
08/21/2008 | 12:47 PM
MANILA, Philippines – Most Japanese-Filipino (‘Japino’) children would rather meet their fathers in person and be recognized as their children than be granted Japanese citizenship.
According to Mikas Matsuzawa, president of the Batis-YOGHI (Youth Organization Gives Hope and Inspiration) most first generation Japinos like her are not so much interested in getting a Japanese visa.
“We are more interested in being recognized by our fathers than being Japanese citizens,” Matsuzawa told GMANews.TV in an interview.
First generation Japinos are children of the first batch of Filipinas – mostly entertainers – who went to Japan in the 1970s to work.
There are no reliable data on the number of Japanese-Filipino children, but estimates range between 10,000 and 100,000.
Matsuzawa raised concern that the plight of Japinos would be constricted only to the issue of citizenship. “Most Japinos don’t even have enough knowledge about the issue. They’re confused. They are often stereotyped. It’s a complex situation.”
She explained that Japinos begin their ordeal with their quest to find their fathers. From there they still need to be recognized by them before dealing with their own nationality and identity.
“Japino children need to resolve the issue of their identities first before being coerced to become Japanese citizens,” she said adding that Filipino mothers often push their children to go to Japan to take advantage of the vast ‘opportunities’ there.
Nationality in Japan is determined by bloodline rather than place of birth, though foreigners may apply to become citizens. Many ethnic Koreans, for instance, have been born in Japan but retain the Korean nationality of their parents.
Under current law, a child born out of wedlock to a foreign mother and Japanese father is automatically granted Japanese nationality.
But a child born outside marriage can only obtain nationality if the father acknowledges paternity while the mother is still pregnant.
If the father recognizes the child as his only after the child’s birth, the child is unable to receive citizenship unless the parents get married, the report said.
Children born to Japanese mothers are automatically granted Japanese nationality, no matter what the nationality of the father is or whether the parents are married.
Voting 12-3, the Japanese Supreme Court ruled unconstitutional last June, a provision in the Japanese Nationality Law that states that such children can only become citizens of the mother’s home country.
The ruling applied to 10 Japanese-Filipino children in Japan — one child being deported for overstaying with his mother and nine others with resident visas.
In overturning the High Court’s decision, the Supreme Court ruled that the provision in the law resulted in “discrimination without any rational reason” and thus violated Article 14 of the Japanese Constitution, which stipulates equality under the law.
“The disadvantages caused to the children by this biased treatment cannot be disregarded,” said the ruling that found unlawful the clause requiring that the parents be married.
Meanwhile, Rieko Ito, secretary general of the Citizens’ Network for Japanese-Filipino, said in an interview last year that such children face an “identity crisis.”
Ito said these children can receive welfare benefits as long as they have residential status but will not have the right to vote as adults.
“Without suffrage, we are afraid they will feel alienated and face discrimination in job-hunting activities,” Ito said. – GMANews.TV

RP wushu athlete cops gold in Olympic demo sport

Great News nonetheless.
from GMA News here

(Update) RP wushu athlete cops gold in Olympic demo sport
08/22/2008 | 09:20 PM
MANILA, Philippines – The Philippines can find some solace in Willy Wang’s feat.
Wang won the gold medal in the combined events of men’s nanquan and nangun (bare fists) Friday to somehow make up for the country’s listless performance in the Beijing Olympics.
But because wushu is only a demonstration sport, Wang’s victory will not count in the regular medal standings.
The wushu gold is reminiscent of the gold medal won by Arianne Cerdeña in the 1988 Seoul Olympics. Cerdeña’s triumph in bowling did not count because it was an exhibition sport. – GMANews.TV

I didn’t know this bowling factiod. Hmmm if only Nepomuceno was a lot younger.

BarCamp Manila Rocks

here are some pics from flicker
here is the live feed from ustream
Dave Winer always says that you go to conferences and events like these for the conversations in the hallways and the like, barCamp Manila was no exception and as a personal note I finally understand what he was saying.
Hope the next barCamp happens soon, because from talking to people many had stuff to present but when at the 3 hour mark didn’t want to impose on other people!
Thanks to the sponsors

and all those who presented.
I had such a great time!

Other Industry Heads Should Take This To Heart!

Think that people should face up to the harsh realities that act as game changers. This is for Music Executives, Oil Company Heads, Newspaper Editors and the like. There are some things that

“You have to attack the future before it attacks you,” said James Hankla, one of the visiting port officials.

from here the Curious Capitalist Blog.

Updates 2008 08 21 1521H

got this pic from one of the blogs of an attendee to Bar Camp Manila
Proudly Pinoy
Its 4 hours to bar camp and  am neck deep in testing for our friday release and a little mad that I wasn’t able to prepare give that I have at least 3 presentations that I thought of since knowing about the barCamp, oh well there is almost always a next time (hope so!)

rePost: from Paulo Coelho's blog

Reading this I felt I believe the same way the emperor Shih Huang Ti felt in Jet Li’s movie Hero.
from here:

Alone on the path

By Paulo Coelho
Life is like a great bicycle race, whose aim is to fulfill one’s Personal Legend – that which, according to the ancient alchemists, is our true mission on Earth.
At the start of the race, we’re all together – sharing the camaraderie and enthusiasm. But as the race progresses, the initial joy gives way to the real challenges: tiredness, monotony, doubts about one’s own ability. We notice that some friends have already given up, deep down in their hearts – they’re still in the race, but only because they can’t stop in the middle of the road. This group keeps growing in number, all of them pedaling away near the support car – also known as Routine – where they chat among themselves, fulfill their obligations, but forget the beauty and challenges along the road.
We eventually distance ourselves from them; and then we are forced to confront loneliness, the surprises of unknown bends in the road, and problems with the bicycle. After a time, when we have fallen off several times, without anyone nearby to help us, we end up asking ourselves whether such an effort is worthwhile.
Yes, of course it is: one must not give up: Father Alan Jones says that, in order for our soul to be able to overcome these obstacles, we need the Four Invisible Forces: love, death, power and time.
We must love, for we are loved by God.
We must be aware of death, in order to understand life.
We must fight to grow – but not be fooled by the power which comes with growth, for we know it is worthless.
Finally, we must accept that our soul – although it is eternal – is at this moment caught in the web of time, with all its opportunities and limitations; so, on our solitary bike race, we must act as if time existed, doing what we can to value each second, resting when necessary, but always continuing in the direction of the Divine light, without letting ourselves be bothered by the moments of anxiety.
These Four Forces cannot be dealt with as problems to be solved, since they are beyond our control. We must accept them, and let them teach us what it is we must learn.
We live in a Universe which is both vast enough to contain us, and small enough to hold in our hearts. In every man’s soul, dwells the soul of the world, the silence of wisdom. As we pedal on towards our goal, we must ask: “what is lovely about today?” The sun may be shining, but if it is pouring with rain, it is important to remember that this also means that the black clouds will soon disperse. Clouds come and go, but the sun remains the same, and never fails – at times of loneliness, it is important to remember this.
So, when times are tough, we must not forget that the whole world has endured such moments, regardless of race, color, social standing, belief, or culture. A beautiful prayer by the Sufi Dhu ‘l – Nun (Egyptian, died 861 AD) perfectly sums up the positive attitude necessary at such times:
“Oh Lord, when I pay attention to the voices of animals, the sounds of the trees, the bubbling of the waters, the chirping of the birds, the howling wind or the crashing thunder, I perceive in them evidence of Your unity; I sense that You are the supreme power, almighty, the supreme wisdom, supreme justice.
“Oh Lord, I recognize You in the trials I am enduring. Allow, Lord, Your satisfaction to be my satisfaction. May I be Your joy, that joy which a Father sees in his son. And may I recall You with tranquility and determination, even when it is difficult to say that I love You.”

rePost: Petition for Better Crime Prevention

I’m all for this but I have my reservations. I think that it is very hard to do 3,4 and 6.
I’ll write something to follow this up with what I think we could do with the present technologies we have at our disposal. Just have to organize my thoughts on this first. I haven’t signed the petition but if this is your cup of coffee please do so.
petition is here thanks to JM for the pointer:

JUSTICE FOR TARA SANTELICES: Better Crime Prevention
Published by Chito Irigo on Aug 16, 2008
Category: Public Safety and Law Enforcement
Region: Philippines
Target: Philippine Congress, Local Government Units, Phil. National Police, Media, the Public
Web site: http://chitoirigo.multiply.com/journal/item/64
Description/History:
Tara Santelices, 23 years old graduate of the Ateneo de Manila was shot in a robbery-hold up incident inside a passenger jeep along Felix Ave. Cainta, Rizal. She was on her way home past midnight (August 6, 2008, about 12:30 AM) with a friend coming from a night out on the eve of her 23rd birthday.
Somewhere along a dark stretch of Felix Ave. near Karangalan Village, a man posing as a passenger, pulled a gun and announced a hold-up. The man grabbed Tara’s bag. Instinctively, Tara held on to her bag and in the ensuing struggle, the man shot Tara and hit her on the left side of her forehead. After getting the bag of the others, the man jumped off the passenger jeep. Tara’s companion, who has never been in that situation asked for help from the other passengers, and told the driver to bring them to the nearest hospital, as blood was already spurting out of Tara’s head. But instead of driving speedily to the nearest medical facility, the driver drove as if it was one of his regular trips, even stopping three times to unload a passenger. Of the five or six other passengers, only one bothered to help Tara’s friend carry her. The rest just went about their business as if nothing serious happened. In fact some of the passengers even opted to stop the vehicle for them to get off, wasting precious time for medical attention. The driver eventually took them to a small clinic. But even as Tara’s companion was talking to a medical personnel in that small clinic, the driver drove-off leaving them to look for a taxi to bring Tara to a better equipped hospital. Tara was given the appropriate medical attention only about four hours later. The police went to the hospital to talk to the witness (Tara’s friend) only a day later.
It is the height of apathy and indifference that our fellowmen show no concern about each other specially in such emergency situation as that involving Tara. It is revolting to know that transport drivers whom our lives and safety are actually under their responsibility as paying passengers, do not know what to do or even try to avoid responsibility under such situations. It is also contemptible that the police had to act so late and only after follow-ups by friends were made with higher authorities.
Tara has been in a coma for about a week now, her skull shattered by a bullet. Her dream of doing humanitarian work with the United Nations has been shattered as well. Chances of her recovery is almost nil. And the family remains tortured and pained seeing their precious child in that condition every day, feeling helpless. They, however, remain strong in their belief that Tara’s fate is in the hands of The Lord Almighty and continues to pray for a miracle.
But we are not entirely helpless if we help ourselves. Even as we continue to storm the heavens with our petitions for Tara’s recovery, we can storm those here on earth who have the responsibility and the means to stop this kind of violence, to prevent it from ever occurring again, or from happening to us and our loved ones.
Instead of dismissing this incident as one of those that routinely happens in our streets and thinking about immigrating abroad to escape the situation, we can do something more positive and more concrete.
Let us sign the petition below and join the effort to do battle to combat our own apathy, and to exact responsibility from those who took an oath to serve us – the Public.
Petition:
We, the undersigned, petition for:
1. The Philippine Congress to enact a law that will legally obligate all drivers, conductors, managers, owners, operators, of all forms of public transport, including three-wheeled vehicles to; a) have available at all times in their vehicle, emergency or first aid kit, b) information about the vehicle’s plate number, name of driver, name of company or owner, be displayed prominently and conspicuously inside their vehicle, and c) that in any criminal incident involving their vehicle, the driver must, as a matter of legal obligation, immediately and without any form of delay, bring or cause to be brought to the nearest and appropriate medical facility, the victim or victims of such criminal incident, except only if he himself is a victim and physically unable to do so, and that should he fail to comply or respond satisfactorily, he will accordingly be held liable, criminally or otherwise, for neglect or abandonment or avoiding such responsibility in connection with the crime committed.
2. The Local Government Units, to each have an emergency communication hotline and a dedicated office where any citizen, who is either a victim or witness to a crime, can seek and be provided with prompt police, legal and other appropriate assistance, for them to formulate specific ordinances that will ensure prompt attention and continuous monitoring of the actions taken by the local police force and that such information be made available to the victim or victims and their family or authorized representatives.
3. For the media, to devote a section or portion of their publication, telecast or broadcast, in cooperation with the police and other enforcement agencies, that will follow-up developments and inform the public of crimes under every police district jurisdiction. And specially for radio stations, to have a 24-hour link with police and enforcement officers to facilitate crime reporting and dragnet operations.
4. For crime-crusade oriented NGOs to spearhead, launch, and sustain a public awareness campaign to educate the citizens, including all medical personnel in all medical facilities, whether big or small, on what to do in case victims of life-threatening and emergency cases arising out of criminal activities, i.e. first aid to be administered, numbers to call, location of hospitals and police stations or satellite units.
6. For all citizens to do their own self-education on such matters as what to do in case one becomes a victim or a witness to a crime; who to get in touch with; number and location of police stations and satellites, hospitals near and around one’s usual route; including taking down of plate numbers or details of the vehicles involved (in case the crime involves a vehicle), etc.