Posts Tagged ‘supreme court’

pop goes the world: systems failure

POP GOES THE WORLD  By Jenny Ortuoste for Manila Standard-Today,  21 March 2013, Thursday

Systems Failure

Our systems are killing us.

Last Tuesday, the Supreme Court voted 10 to 5 to halt for four months the implementation of Republic Act 10354, the “Responsible Parenthood and Reproductive Health Act of 2012,” otherwise known as the RH bill.

The 120-day status quo ante order is a setback for RH advocates, who have labored for nearly fifteen years to see this bill passed.  And it was passed by both Houses and signed by President Benigno Aquino III in December last year, but a slew of consolidated petitions filed in January this year led to this outcome.

Supreme Court spokesman Ted Te calls this order “preliminary” and says the highest court in the land may yet rule in favor of its legality.

The Roman Catholic Church, which prompted most, if not all, of the petitions against the RH Bill, hail this development as an answer to their prayers and “God’s will.”

The Department of Health had already marked last March 15 the signing of the Implementing Rules and Regulations of the RH Bill.

DoH Secretary Enrique Ona said that the law “will empower women through informed choice and voluntarism…” as the IRR provides “improved access to family planning services…provision of mobile health clinics in remote and depressed areas, improvement of PhilHealth coverage on RH services especially for the poor,” and other support services.

Secretary Ona added, “This is just the beginning of our continuing effort to ensure that no woman will die while giving life.”

Statistics from womens’ rights advocate EnGendeRights say 11 women die each day from complications of pregnancy and childbirth. Given that, 1,320 women might die during the 120 days of the SQA.

How many more women and children will die from botched abortions, miscarriages, complicated births, and the other risks and dangers of unwanted pregnancies?

Another system that needs revamping is the University of the Philippines’ tuition fee structure.

Because of glitches in the system that misclassified her fee bracket, placed her on leave of absence for non-payment of tuition, and took away her ID card, freshman Kristel Tejada took her life.

She could not bear to go on living when her best efforts to obtain a degree went to naught when, despite her academic performance and commitment to learning, the system failed her.

When I was a UP undergraduate in the days before STFAP, I paid around five hundred pesos per semester. It was a lean time for my family, so an uncle paid my way through college, my entire education costing him around five thousand pesos in tuition fees.

I would not have been able to finish my bachelor’s degree if I had gone to any other school, as it would have been too expensive and we might not have found anyone willing to shoulder a higher cost.

The STFAP was implemented after I graduated and since then no one can obtain a UP education for that little amount of money anymore.

And why not? Isn’t the government supposed to subsidize education in public schools, especially in the state university?

All Kristel wanted was a better life through learning, but the rules of the system made this inaccessible to her.

Education in the state colleges and universities should be made free or as close to it as possible, for the Iskolar ng Bayan to flourish and give back to Inang Bayan.

Government needs to see what’s important and what’s not – and should they need to be reminded, the youth and their proper education are important, for they are the future of the country.

UP failed Kristel, and failed in its mission. This is not the UP I went to. This is not the UP I love and am proud of. This is not the UP that it should be.

Various colleges of UP are holding a luksang pamantasan for Kristel with activities such as indignation rallies and candle-lightings to commemorate her tragedy and fight for change.

Perhaps we should also hold a luksang bayan for all the systems that have failed and continue to fail us.  *** 

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pop goes the world: the corona-vela

POP GOES THE WORLD  By Jenny Ortuoste for Manila Standard-Today,  15 December 2011, Thursday

The Corona-vela

The past two weeks we were talking about KC breaking up with Papa Piolo, in tears on television, and Mo spilling the beans about himself and Rhian, in tears on Youtube.

All this seems the stuff of telenovela – so dramatic and exaggerated. But a new narrative now bursts upon the Filipino consciousness – the impeachment of Chief Justice Renato C. Corona by 188 members of Congress last December 12.

The 63-year-old Corona was appointed by former president Gloria Macapagal-Arroyo to the Supreme Court on 9 April 2002. On 12 May 2010, two days after the 2010 elections and only one month before the expiry of Arroyo’s term in office, she appointed him Chief Justice of the SC.

The Constitution of the Philippines bans appointments by a president two months before a presidential election and until the term expires on June 30.

Father Joaquin Bernas, one of the framers of the 1987 Constitution, in a January 2010 newspaper interview opined that it would be the next president after Arroyo who should appoint the next chief justice. Even with the constitutional provision requiring the President to appoint a new chief justice within 90 days after a vacancy, he said the new president would still have 45 days to decide after taking office on June 30.

Corona has recently come under fire for siding with Arroyo in various ways and frustrating the ends of justice in the cases the government has filed against her. Therefore his impeachment by 188 lawmakers, when only 95 would have sufficed.

The vast majority of Filipinos, like myself, are not lawyers. We do not know nor understand the ramifications of the law on this issue. So we require the guidance of those who are learned in the matter, scholars and practitioners of the law. But they, like the ordinary folk, differ in their interpretations.

Most public opinion goes either of two ways: one, that the government is morphing into a dictatorship, that they are undermining one of the three branches of government, that checks and balances are being eroded, that the Constitution itself is being threatened.

The other view is that no one is above the law, not even the judiciary. For it is illogical to maintain, as many of them do, that because they are judges they hold the final interpretation of the law, and can therefore do no wrong. No one is above the law, not even the law.

It seems to me that the latter perspective is the more logical and fair, as expressed in the statement of the University of the Philippines Law Student Government 2011-2012 (the whole text was posted on Facebook yesterday): “From the point-of-view of the Honorable Chief Justice, the efforts of the current administration, allegedly in concert with its allies in Congress, threaten the independence of the judiciary, and ultimately threaten our country’s democracy itself.

“We submit that it was the former President Arroyo who was in fact the greatest threat to the Judiciary’s independence in the past decade. It was the former President who was responsible for politicizing the High Court in the first place by her many appointments, his elevation to the Chief Justiceship being the most questionable.

“The fact also remains that there is a steady stream of recent decisions by the High Court has continuously blocked major attempts by the current government to pursue its platform of holding the past administration to account for its sins against the Filipino people.”

Yesterday, Corona hogged public attention with a speech, attended by court employees and officials who declared a court holiday to rally behind him. It’s a cultural trait, the drama and the hyperbole, the carefully studied move or action executed in public, accompanied by exaggerated emotion (to elicit pity) or a lack of it (to show grace under pressure).

Corona said, “Ako raw po ay isang midnight appointee. Dapat raw po, hindi ko tinanggap ang paghirang sa akin. Bakit po ba, para si Ginoong Aquino ang makapagtalaga ng kanyang sariling chief justice na hawak niya sa leeg? Mapapa-iling ka talaga.”

“Iling” is to shake one’s head in disbelief, or incredulity. Opo, CJ Corona, napapa-iling ako talaga. Because according to the Constitution, you are a midnight appointee – of Gloria Arroyo, who has a tight grip upon your neck, and who wanted her very own Chief Justice in the highest court in the land.

I am not a lawyer. I do not know Corona personally. So I look at his pictures to gain some sense of the man. His eyes are like raisins pushed into his doughy, well-fed face as he hogs public attention with his grandstanding speeches. I try to muster empathy and benefit-of-the-doubt. But it’s hard. If this were a telenovela and he was cast as the hero, di ito bebenta. Give me more KC, Mo, and Rhian.

So I focus on the facts. The situation is complex for all its legal and political implications. But it seems simple to me. His appointment was made improperly and in contravention of the highest law of the land. For that alone, Corona does not deserve to hold office. *** 

Image of CJ Corona here. Fr. Bernas here. UP LSG logo from their public Facebook Page.

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