President Duterte’s war on crime: A nuclear explosion of violence

By Atty. Jose Manuel ‘Chel’ I. Diokno
National Chairman, Free Legal Assistance Group
Trustee, Philippine Center for Investigative Journalism

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PRESIDENT DUTERTE’S war on crime has spawned a nuclear explosion of violence that is spiraling out of control and creating a nation without judges, without law, and without reason.

Do we really want to give the man with the gun the power to judge who are criminals and to kill them?

To decide who is bad and who is good, who deserves to live and who deserves to die? We might as well disband our courts, dissolve the Department of Justice, and abolish Congress. For there really is no need for law when the barrel of the gun dispenses justice.

The bandwagon that the President has created is a bandwagon of hate – a mob mentality that not only condones but encourages the taking of lives “because they deserve it.”

Yes, drug pushers destroy lives. Yes, criminals behave like animals. But are those who kill them any better? And will the killing stop there?

Our people have seen what a mob can do in the hands of a tyrant who knows no law but his own. Lest we forget, the first person that Marcos executed was a drug pusher. But did he stop there? By the time he was ousted, he was responsible for killing thousands upon thousands of people whose only fault was their belief in justice, the rule of law, and human rights.

President Duterte, do not kill in my name. That is not your mandate, that is not what you were elected for. Yes, go after the drug cartels and criminal syndicates, the corrupt, the criminals among us. But do it as an officer of the law you have sworn to uphold as a lawyer and a President. — July 8, 2016

Don’t forget ill persons who are not physically disabled

PWDs special registration. Photo by Mario Ignacio IV for VERA Files.

PWDs special registration. Photo by Mario Ignacio IV for VERA Files.

The law signed by President Aquino March 23 exempting persons with disabilities from the value-added tax is a whiff of balm in the current toxic (Philippines as money laundering center of the $81 million bank heist and the negative vibes of the election campaign) atmosphere.

The law, Republic Act No. 10754, which amends Republic Act No. 7277, otherwise known as the “Magna Carta for Persons with Disability”, exempts PWDs from the 12 percent VAT, on top of the 20 percent discount they are currently entitled to under the Magna Carta.

The discount applies to transportation fees, medical and laboratory charges, cost of medicines, admission fees in cinemas and other leisure and amusement places, and funeral and burial services.

The House bill was sponsored by Leyte Rep. Martin Romualdez in the House of Representatives and in the Senate, by Sen. Sonny Angara.
The PWDs now enjoy the same privileges as senior citizens, an attribute of a compassionate society.

Another feature of R.A. 10754 is the incentives to PWD caregivers which was introduced by Sen. Ralph Recto, co-sponsor of the bill at the Senate.

In a press statement Recto said, “A child, parent, sibling, or a relative of up to fourth degree of consanguinity or affinity who is caring for or living with a PWD, who in turn is chiefly dependent on the relative and incapable of self-support, can claim additional tax exemption.”

“Kung kasama ang fourth civil degree of affinity, kasama dyan ang parent-in-law o biyenan ng taxpayer, hanggang first cousin-in-law,” he further explained.

The tax deduction of P25, 000 annually is the same as what is currently claimed by a parent of a child not over the age of 21.
“This is certainly not enough but this is significant because it breaks the longstanding embargo that carrying for a PWD cannot be claimed as a tax deduction,” Recto said.

Recto clarified though that this privilege cannot be enjoyed for the tax-filing deadline on April 15, as income tax returns will only cover income derived during the past year.

Recto urged the government particularly Social Services Dinky Soliman to immediately convene the committee that will draft the Implementing Rules and Regulations. “I hope this IRR will not move on crutches. Sana mabilis. Any delay in effect freezes the benefits,” he said.

A PWD-related issue that remains to be clarified is the automatic inclusion of persons suffering from chronic diseases in the PWD list.

An earlier article by Patrick Pascual for VERA Files underscored the problems encountered by persons suffering from a chronic disease but do not look physically ill. Many of them are denied discounts by drugstores and other establishments.

Lupus does not prevent them from enjoying life. 2015 Summer Outing. Photo courtesy of Marilyn Robles.

Lupus does not prevent them from enjoying life. 2015 Summer Outing. Photo courtesy of Marilyn Robles.

Republic Act 7277, the Magna Carta for Disabled Persons defines Disabled Persons as those “suffering from restriction or different abilities as a result of a mental, physical, or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.”

R.A. 7277 was amended by Republic ACT 9422 granting additional privileges and incentive to with PWDs.

It states that “Identification Cards shall be issued to any bonafide PWD with permanent disabilities due to any one or more of the following conditions: psychosocial, chronic illness, learning, mental, visual, and orthopedic, speech and hearing conditions.”
Chronic means a condition or disease that is persistent or otherwise long-lasting in its effects. HIV is one example of chronic illness which also includes asthma, diabetes, cancer lupus, and many more.

Many persons who are ill with cancer o lupus do not manifest physical or mental impairment and there are offices of DSWDs that refuse to issue them PWD IDs. Some agree to fall under “mental” or “psychosocial” conditions just to be able to get PWD IDs.

That issue should be resolved with clarity but meanwhile, as Recto said, the additional tax exemption to PWDs and incentives to PWD caregivers should be implemented immediately.

The gender mix: More women voters, still more men in power

By Davinci Maru, Philippine Center for Investigative Journalism

IN TRADITIONAL SOCIETIES, the home remains the primary domain of women. They are often relegated to supposedly feminine roles as child-bearers and housekeepers, or as all-around nurturer of families.

Exactly 79 years ago, on April 30, 1937, Filipino women gained the right to vote and to run for public office. But it was 30 years earlier or in 1907 when Filipino men of some education and property claimed that right.

Starting 2004, a new trend has emerged — that of the number of women outpacing the men in the league of registered voters.

Total RV by sex

During the 2004 general elections, there were 17,014,643 registered female voters and only 16,495,449 male voters, for a gap of 3.1 percent.

In the 2007 legislative and local elections, the difference was slightly lower at 2.6 percent. There were 16,503,110 registered female voters compared to 16,084,962 registered male voters.

In the 2010 elections, however, the gender gap rose to five percent in favor of the women. There were 19,068,323 registered female voters and 18,155,722 registered male voters.

In the May 2013 elections, there were 27,406,600 registered female voters than men, 26,379,623 voters, for a variance of 3.9 percent.

For the May 2016 elections, there are 28,052,138 registered female voters and only 26,311,706 male voters, a sharp 6.6 percent difference.

In 2013, the top provinces with more registered female voters than male voters were the National Capital Region (NCR), Cavite, Cebu, Rizal, and Laguna.

Girl Power

In contrast though, some of the provinces beset with conflict, such as North Cotabato, Sultan Kudarat, and Maguindanao, registered bigger numbers of male voters.

Male Domination

For Filipino women. exercising their right of suffrage came much later. They were denied their right to vote and deemed not fit to join the affairs of the government, under the country’s first election law or Act 1582. They were allowed to cast their vote for the first time only in 1937.

Article V, Section 1 of the 1935 Constitution stated that “the National Assembly shall extend the right of suffrage to women, if in a plebiscite which shall be held for that purpose within two years after the adoption of this Constitution, not less than three hundred thousand women possessing the necessary qualifications shall vote affirmatively on the question.”

On April 30, 1937, the date set for the plebiscite, a total of 447,725 women cast their votes in favor of women’s suffrage.

In truth, however, politics, remains a man’s world in the Philippines. Still more men than women hold the reins of power, on all levels of officialdom.

In a statement dated April 30, 2015, the Philippine Commission on Women (PWC) notes that, “statistics show that women hold 25 percent of seats in the Senate and 27 percent in the House of Representatives.”

“At the local level,” it added, “women comprise 22.5 percent of gubernatorial posts, 18.5 percent of vice gubernatorial posts, and 20.86 percent of mayoralty posts.”

There has been some major improvement with respect to women’s rights in the political landscape, but many women in power still come from the ranks of traditional political families, serving as benchwarmers for the menfolk of their clans.

Of the 44,448 candidates in 2013, only 18 percent or 7.921 were women. Of the 33 candidates for senator, only eight were women. And of the 630 candidates who ran for district representatives, only one in six or 125 were women.

What’s evident in the May 2016 elections, though, is that women have become a significant, discerning community of voters.

Currently, only three women are seeking the highest offices of the land – Grace Poe and Miriam Defensor-Santiago are two of five candidates contesting the presidency, and Leni Robredo, one of six candidates for vice-president. — PCIJ, March 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Paris and its climate legacy for future generations

By Titon Mitra*

AS WORLD LEADERS converge on Paris from 30 November to 11 December, the importance of arriving at an ambitious yet implementable agreement on climate change action has been graphically underlined by the fact that, based on UK Met Office data for 2015, for the first time, global mean temperature at the Earth’s surface will have reached 1°C above pre-industrial levels (data from January to September shows 2015 global mean temperature at 1.02 °C [±0.11°C] above pre-industrial levels).

We are already experiencing the adverse impacts of a warming climate: 14 of the hottest summers since 2000; rising sea levels; changing rainfall patterns; increased droughts; and more erratic and destructive storms. Only those who choose to willfully ignore the ample scientific evidence available – and the disturbing news coverage we see regularly – can deny that climate change induced by human actions is happening and its consequences are indeed very dangerous.

The Paris agreement will require compromise and importantly a recognition that the burden to take action will fall disproportionately between the developed and developing world. The key principle that has to be adopted with genuine commitment is that of “common but differentiated responsibilities and respective capabilities”. This means that each and every one of the 200 or so countries that will be present will have to commit to take actions, the scope and scale of which will differ according to their technical and financial capacities. The richer countries will need to take on a greater share of that burden and support the lesser developed.

Over 150 countries have submitted their Intended Nationally Determined Contributions (INDCs) – the actions they will take to reduce greenhouse gas emissions and to adapt to the impacts of climate change. The Philippines has committed to reduce carbon emissions by 70 percent from 2020 to 2030 but conditional on financial aid and associated technical support being provided by developed countries.

Based on today’s level of public and private investment and the stated climate mitigation actions, developing countries will need to bridge an annual funding shortfall of as much as $2.5 trillion from 2015-2030. Even if these funds were secured, the reality is that the current combined mitigation actions will account for only 86 percent of green house gas emissions and still result in a temperature rise of 2.7°C. A below 2°C target – the minimum we should be striving for – will require considerably more in terms of funding and commitment.

Climate change action indeed should not and need not be seen as a sunk cost but rather as an investment in the future and a catalyst for a new era of innovation. Current technologies available to us will not be sufficient. Governments will need to create the incentive structures through carbon pricing and greater subsidies to accelerate innovation and to create the break-through technologies. The private sector needs to see that these technologies will significantly add to their bottom line.

Everyone will also need to commit to low carbon lifestyles to set the market demand. This will require both a collective international and national vision of a below 2°C trajectory and a low carbon economy beneficial to people and the planet.

It should be understood that keeping global temperature rise to below 2°C of the average pre-industrial level may not be enough to avert dangerous consequences. But the 2°C gives us a target to focus upon, a rallying point to catalyse collective action. While we should continue to be hopeful for Paris, we should also prepare for the fact that we may not be able to move too far from the 86 percent of greenhouse gas emissions covered by the current INDCs.

If that is all we achieve, it is nevertheless a good first step. It is a foundation that can be built upon by putting in place transparent and robust mechanisms for measuring, monitoring and reporting progress. We should reconvene every 5 years and adjust INDCs. The consequences of continuing increases in temperature hopefully will create the realization among leaders and their political constituencies to take much more ambitious action.

UNDP (United Nations Development Programme) has done what we can for now to accompany countries on the road to Paris. From formulating INDCs, Nationally Appropriate Mitigation Actions, National Adaptation Plans, climate finance readiness, policies and legislation for low carbon futures and other programmes, UNDP has helped over 130 developing countries access and deliver over $2.3 billion in mitigation and adaptation initiatives. UNDP has worked with vulnerable populations within countries, including women, girls, youth, indigenous people and remote communities to adapt and build their resilience to the inevitable consequences of climate change. Whatever the final outcomes of Paris, UNDP will continue to accompany countries as they work on their climate actions.

Secretary General Ban Ki Moon delivered a very clear message recently. He said: “Success in Paris depends on you. Now is the time for common sense, compromise and consensus. It is time to look beyond national horizons and to put the common interest first. The people of the world – and generations to come – count on you to have the vision and courage to seize this historic moment.”

For the sake of the world we will bequeath to our children, one hopes that Paris is listening.

* Titon Mitra is the Country Director of the United Nations Development Programme in the Philippines.

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About UNDP
The United Nations Development Programme (UNDP) partners with people at all levels of society to help build nations that can withstand crisis, and drive and sustain the kind of growth that improves quality of life for everyone. On the ground in more than 170 countries and territories, we offer global perspective and local insight to help empower lives and build resilient nations. www.undp.org

Blessed are the Elderly

Old folks affected by typhoon Yolanda. From helpage.org

Old folks affected by typhoon Yolanda. From helpage.org

October has been designated as the month for the Elderly.

In a world where we celebrate youth and vigor and everything is digital, to be old is considered a burden and to be ignorant about Facebook and Twitter is considered a defect.

If you feel irritated by your parents ignorance or slowness in the use of techie gadgets, there’s a touching video in You Tube, about a Greek father and son and a sparrow (https://www.youtube.com/watch?v=xWJq1SvgWQ0 ).

It shows a young man and an old man sitting on a bench. The son is reading a newspaper while the father is curious about a sound coming from a nearby bush.

The father asks what is it and the son replies, “A sparrow.”

The father doesn’t comprehend immediately and asks a few more times about it. The son finds it irritating and snaps at the father, “I’ve told you several times it’s a sparrow. Can’t you get it?”

The father stands up, goes inside the house and returns with a book, his diary.

He opens the diary and asks the son to read an entry aloud. The son reads: “Today my youngest son who turned three a few days ago was sitting with me at the park when a sparrow sat in front of us.

“My son asked me 21 times what it was and I answered 21 times that it was a sparrow. I hugged him every time he asked me the same question again and again without getting mad, feeling affection for my innocent little boy.”

The son, remorseful, hugged the father.

Alzheimer’s disease, is a curse of old age (although it can occur in middle age). I came upon this poem by Owen Darnell: A request by one afflicted with Alzheimer’s disease. It’s a plea.

Do not ask me to remember
Don’t try to make me understand
Let me rest and know you’re with me
Kiss my check and hold my hand.

I’m confused beyond your concept
I am sad and sick and lost
All I know is that I need you
To be with me at all costs.

Please do not lose your patience with me
Do not scold me or curse or cry
I can’t help the way I’m acting
I can’t be different though I try.

Just remember that I need you
And the best of me is gone
Please don’t fail to stand beside me
And love me till my life is done.