Tag Archives: Bangsamoro Basic Law

Column: When does opinion become an unpublishable stupidity?

Published on June 16, 2015.

I wish to revisit a topic that colleague Oscar Franklin Tan and I have debated in recent weeks: the role of commentary in the so-called free market of ideas. I have the sense that while we are both believers in free speech, we define the terms of the argument differently. To be more precise, we may have different ideas of what passes for publishable commentary in newspaper opinion pages.

The argument has not lost its appeal for me since Oscar first raised what I called his “seductive” but “untenable and misguided” appeal to Inquirer editors to screen out controversial opinion pieces like those contributed by retired Court of Appeals justice Mario Guariña III; I have continued to review my own response, borne out of the experience of working in opinion sections in three newspapers, including in particular almost a decade and a half with the Inquirer, to check my biases and trace the consequences of my position. But I am led to return to the subject because Oscar’s criticism of an opinion piece, in another newspaper, raises an even more uncomfortable question. Continue reading

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Column: PH politics is a 600-year-old ‘balete’ tree

Published on June 2, 2015.

IT IS an imposing sight. The massive balete tree in Maria Aurora town, in Aurora province, is about as tall as a 15-story building and at its base is as wide as a three- or four-bedroom house. Tourists visit it by the busload, drawn by a simple superlative: It is known as the largest balete tree in Asia.

There is some slip-sliding, sometimes, and local guides also call it the oldest—but that title probably goes to the balete tree in Canlaon City, in Negros Oriental, which has an estimated age of 1,300 years, or more than twice as old. (I have not yet been to Canlaon myself.) But the tree in Maria Aurora is an extraordinary sight; first there is its sheer size; then there are the thousands of hanging roots that have descended (the tree starts as an air plant) to form an incredibly dense curtain right around it; and then there is the gap, just big enough to accommodate a crouching adult human, in the middle of the tree.

It takes only a couple of minutes to walk through the tree. The roots inside have been smoothened over the years, from contact with tourists’ suddenly helpless hands and wayward limbs, but being inside the tree, and looking up from within its hollow core at a hall of roots, is an eerie, unforgettable experience. Continue reading

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Column: Is the Philippine flag ‘unconstitutional’?

Published on May 26, 2015.

THE RESISTANCE to the Bangsamoro Basic Law has shifted to the battleground of constitutionality. We still hear the occasional demand for the Moro Islamic Liberation Front to show its sincerity as a partner in the peace process by making amends for the Mamasapano incident—but now that congressional committees have started voting on the controversial measure, the question of MILF sincerity is no longer a determining or even perhaps an influential factor.

Even supporters of the bill recognize the shift in the debate; Rep. Rufus Rodriguez’s strategy to win the bill’s passage at his committee level, for instance, was premised and pushed (and publicized) on the perceived need to align key provisions in the BBL with the Constitution.

We can all agree on one principal reason for the change: It is an attempt to base the debate on firmer ground, on the solid logic of constitutional law rather than the volatile emotionalism of post-Mamasapano blame-mongering. Continue reading

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Column: The other face of Mamasapano

Published on April 7, 2015.

IN THE first two months after the Mamasapano incident, the “face” of the encounter was a collective: The SAF 44. The tragic fate of the 44 Special Action Force troopers who perished in the cornfields of Mamasapano became the main narrative; suave opportunists like Sen. Alan Peter Cayetano and born-again politicians like Rafael Alunan rode the public outrage over the “massacre” of the elite policemen, to take direct aim at the proposed Bangsamoro Basic Law. A TV network even used a hashtag that sought #truthforthefallen44—as though truth were like justice, and took sides. Continue reading

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Column: ‘A whole climate of opinion’

Published on March 10, 2015.

Can psychoanalysis explain politics and through it perhaps history itself? From time to time, we may feel tempted to reach for our idiot’s guide to Freud or Jung to understand what makes, say, a senator like Ferdinand Marcos Jr. say truly head-scratching things.

For instance, he once tweeted: “Kahit na maging maayos ang usapan natin sa MILF, kung hindi naman kasama [sa peace agreement] ang BIFF, bakit pa tayo pipirma ng BBL?” His tweet raises the question whether he understands that the Bangsamoro Basic Law (BBL) is in fact the outcome of arduous negotiations with one insurgency movement, the Moro Islamic Liberation Front, and not with other separatist movements, such as the Bangsamoro Islamic Freedom Fighters, the relatively new splinter group. “Even if our discussion with the MILF is in order, if the BIFF is not included, why should we sign the BBL?”

Does a childhood trauma perhaps explain why Marcos would wish to include a third party in a two-party negotiation? Is there a hidden or unacknowledged motive in his use of an impossible criterion for signing off on the new law implementing the peace agreement with the MILF? Continue reading

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Column: ‘Binay has clear advantage over Roxas’

Published on November 4, 2014.

I see that my good friend, the eminent scholar Jojo Abinales, has written a deliberately provocative think piece. I think he would be delighted to learn that I disagree with him. He enjoys a good argument, and I will give it to him.

In “It’s the barangays, stupid,” Abinales borrows an expression made famous by US President Bill Clinton’s 1992 campaign team to highlight an important fact about the 2016 elections in the Philippines: “A glimpse at the balance of power across the nation shows that [Vice President Jejomar] Binay has a clear advantage over [Interior Secretary Mar] Roxas.” He means the balance of local power, in “the provinces and peripheries of the nation.” The Carvillean “stupid” part refers, I assume, to the obvious clearness of this advantage.

He lists the local clans and political blocs likely to support Binay; it is not an exhaustive list (the form dictates that it cannot be). But four to five paragraphs of prominent names do not an accurate political map make; it may or may not be true that “Davao City’s Rodrigo Duterte has not made his choice yet, although rumors are if Binay promises to respect his autonomy, the charismatic and popular mayor will surely vote UNA.” But even if Duterte did, how many of Davao’s 900,000-plus voters will vote with him? Abinales doesn’t show. Continue reading

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Column: 7 theses in the wake of Aquino’s outburst

Published on July 22, 2014.

The law is too important to be left to lawyers alone. Every citizen has the right to join a discussion involving legal issues, especially if the Constitution is at the heart of it. I am certain Fr. Ranhilio Aquino, dean of the San Beda Graduate School of Law and a constant critic of his namesake President, would agree. Like me, the columnist erroneously described as a priest-lawyer is not in fact a member of the Bar.

To be sure, as anyone can see from his biography posted on the Central Books website, he has at least two doctorates, including one in jurisprudence from a school in California.  But even if he didn’t (and this is the point), his commentaries would still be welcome. So perhaps that should be our first thesis, if we make a concerted attempt to understand President Aquino’s intemperate reaction to the Supreme Court’s adverse ruling on the Disbursement Acceleration Program (DAP): The law is too important to be left to lawyers alone.

Second thesis: The Aquino administration was right to file a motion for reconsideration, even though the possibility of reversal is small. I did not think it was worth it the week I read the ruling, but have since come to understand that the administration was bound to file the motion, for political reasons. The idea as I understand it is not simply to exhaust all legal remedies, but for the administration to rally the demoralized with a vigorous defense. The President’s speeches on July 14 and 15, however, were too aggressive, and rightly seen as threatening. Continue reading

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