Wednesday, January 26, 2011

Book Development for Philippine Development

I humbly propose the following contributions of the National Book Development Board to the Medium-Term Philippine Development Plan (MTPDP 2012-2016):
(1) The NBDB shall provide technical support to the Department of Education and Philippine book publishers for the development of textbooks, both printed and electronic, for the additional 3 years of the Enhanced K+12 Basic Education program.
(2) The NBDB shall pursue programs to assist local publishers in increasing the quantity, quality and variety of higher education books, and improving their distribution in all regions of the country.
(3) The NBDB shall monitor periodically the level and quality of book readership among all age sectors of the citizenry, and formulate programs to improve readership.
(4) The NBDB shall pursue programs to support the creative sector in the book industry.
As regards (1), Section 10 of Republic Act 8047 or the 1995 Book Publishing Industry Development Act provides that “the DepEd shall consult with the NBDB in prescribing guidelines, rules, and regulations in preparing the minimum learning competencies, and/or prototypes and other specifications for books required by public elementary and secondary schools.”
As regards (2), our college students and their parents would spend less on imported books if local publishers increased the quantity, quality and variety of higher education books, both printed and electronic. In 2008 and 2009, the US book exports to the Philippines amounted to USD$19.997M and USD$21.281M, respectively (http://www.ita.doc.gov/td/ocg/exp2731.htm). The UK book exports amounted to £ 2.223M in 2008 and £ 2.246M in 2009 (http://www.publishers.org.uk).
To develop local knowledge and create local content in print and electronic formats, the NBDB has organized Academic Publishing Conferences (APC) to offer to higher education institutions several training and development opportunities in which local and foreign book industry experts are involved. We have organized APCs in Quezon City (2007), Cebu (2008), Baguio (2009), Davao (2009), and Makati City (2010).
As regards (3), the NBDB organized the NBDB Readership Survey in 2003 and 2007 with the help of the Social Weather Stations in order to provide to the reading public, educational institutions, and the book industry accurate, up-to-date, and relevant information on the state of Philippine readership nationwide. The NBDB Readership Surveys are the most comprehensive attempts to determine the reading preferences, attitudes and habits of our citizenry.
As regards (4), the NBDB introduced book development interventions to support the creative sector in the book industry by catalyzing the organization of the Filipinas Copyright Licensing Society (FILCOLS), a local collective management organization that pursues fair remuneration for copyright-holders and which helps curb illegal photocopying and book piracy.
We have held copyright training activities, and represented the interests of book development stakeholders in the National Committee for Intellectual Property Rights (NCIPR) since 2005. According to a World Intellectual Property Organization study by Atty. Emma Francisco, the press and literature sector, which includes book publishing, was the most significant contributor (2.13%) to Philippine GDP among the creative industries.
To support the creative sector the NBDB has organized the 1st Manila International Literary Festival, the 1st National Children’s Book Awards, and the National Book Development Trust Fund to support Philippine authors. We have also professionalized the annual National Book Awards.
For its part, the Philippine book industry increased its yearly output of new books in 2007 (5,518), 2008 (5,819) and 2009 (5,983), based on records from the National Library.
Source Consulted:
Francisco, Emma et al. “The Economic Contribution of Copyright-Based Industries in the Philippines.” http://www.wipo.int/ip-development /cen/creative industry/pdf/1009E-1.pdf p. 20.

Thursday, December 16, 2010

Betrayal of Public Trust

Ten years ago on 07 December 2000, at the opening of the Impeachment Trial of Pres. Joseph Ejercito Estrada which was presided over by the Supreme Court Chief Justice & with the Senators as judges, Congressman Raul M. Gonzalez gave an opening speech as one of the lead prosecutors of the House of Representatives. Below are excerpts:
"Your Honors, Joseph Ejercito Estrada, President of the Philippines, willfully, consciously & maliciously violated his sacred oath by his acts of bribery, graft & corruption, betrayal of public trust & culpable violation of the Constitution.
"I am assigned together with Cong. Oscar Rodriguez, to prove that Pres. Estrada betrayed public trust....
"The Senate will have the singular privilege, never tested in our nation’s history, which hopefully future generations of Filipinos will read with pride, to show that during the 11th Congress the Senate rose to the occasion &, guided only by duty, conscience & truth, left partisan loyalties behind & decided against the President on the basis of evidence that established guilt.
"None of us in this hallowed hall relishes the task before us. But we did not choose to be involved in such reckless & unbridled misconduct of which Pres. Estrada is accused. It is thus duty, though a painful one, to find judgment against the President. Indeed, the impact of the Constitution must be felt: if the President has committed any or all of these charges against him, the Constitution & our people must be served. Hence we are here to do our respective duties: we, to present the case against Pres. Estrada, & you, to rule under your best lights....
"On Sept. 6, 1999, Pres. Estrada ordered a quasi-judicial agency, insulated by law from political pressure & influence, to desist from performing its legitimate function. He issued a directive to the Securities & Exchange Commission (SEC) to prevent one of its departments from conducting investigations without prior clearance from the Commission en banc.
"Pres. Estrada’s crony businessman, Dante Tan, became owner of the controlling stocks of a company called BW Resources Corporation at a time when the stock price of the said company was undergoing a surge never before seen in the history of the Philippine Stock Exchange (PSE).
"In January 1999, the price of a BW share was about two pesos (P2.00). By Oct. 10, 1999, the price surged to a high of P107.00 per share. When Dante Tan first bought BW shares in 1998, the price was only 80 centavos per share. BW shares rose from the 16th most heavily traded stock in the PSE in January 1999 to the 1st among the top twenty companies by June 1999 with a total value turnover of P7,139,972,175.00.
"Later, the PSE would report that Dante Tan earned a profit of some P820 million from January to May 1999 alone. By October 1999, the total value turnover of BW shares was P20,619,175,725.00, a record that will not likely be surpassed decades into the future!
"After Oct. 10, 1999, the price of BW shares underwent an abrupt & ignominious fall within a week. BW share price plunged to a low of P22.00 per share.
"These dramatic events of course alarmed responsible officials of the PSE & the SEC, which oversees the former. Both bodies undertook separate investigations that necessarily examined whether the meteoric rise & fall in the price of BW shares was dictated by market forces or by illegal schemes of manipulation by stock traders & others persons.
"While these investigations were being carried out, Pres. Estrada made several questionable phone calls to the heads of both institutions & made representations in favor of Dante Tan. Through not so subtle suggestions, the President applied pressure on the chiefs of the PSE & the SEC to shield Dante Tan from any unfavorable findings that the said agencies might come up with. The President would constantly remind these officers that Dante Tan was his friend.
"'Dante Tan is the victim, not the culprit,' the President would repeatedly say, like a mantra, in these calls. The President interfered with the discharge of the duties of these officials by repeatedly suggesting the exoneration of Dante Tan.
"When the investigations were concluded, all evidence that the PSE & SEC had gathered pointed to the culpability of Dante Tan for insider trading & price manipulation. Pres. Estrada said that Dante Tan was a victim. The evidence showed that Dante Tan was the culprit. The President showed interest in Tan’s immediate exoneration & obstructed the course of justice. Why? Did he have, as evidence seems to suggest, pecuniary interest in BW Resources which went beyond mere cronyism?
"It will be noted that both the PSE & the SEC reports were partial & incomplete, in the sense that the reports did not cover all individuals & persons who might have been involved in the illegal transactions, or benefited therefrom, but were confined to a few brokers. The President’s obstruction of justice prospered because he succeeded in cutting short the investigations, in striking fear in the SEC & PSE officials. He succeeded in confining the reports to incomplete results. He succeeded in covering possible damning evidence against himself, his mistress Guia Gomez, his favorite son JV Ejercito & his other relatives & friends.
"In a country where a majority of the people live in abject poverty, while a small middle class struggle to survive, allowing the few to amass billions of pesos in profits through manipulative schemes further widens the disparities between the few rich and the many poor.
"Stock price manipulation & insider trading seem sophisticated & technical when compared with joblessness, hunger & displacement from farm lands, which are all concrete symptoms of a deep crisis that the President exacerbates by staying in office & imposing himself upon a nation that has withdrawn confidence in his administration & policies.
"I pray to God that our labors, as mandated by the Constitution, will bear fruit that the nation will accept. Let it not end up like a reminder from Phaedrus’ fables: 'A mountain was in labor, sending forth dreadful groans, and there was in the region the highest expectation. After all, it brought forth a mouse.'
"Permit me to close my piece by quoting a noted authority in Constitutional Law:
'It is now, we believe, considered that impeachment is not confined alone to acts which are forbidden by the Constitution. The better sustained & modern view is that, the provision for impeachment applies not only to high crimes & misdemeanors but also to those which are not defined as criminal but which affect the public welfare. Thus, an official may be impeached for offenses of a political character & for gross betrayal of public interests...for a breach of public duty by malfeasance or maleficence, including conduct such as drunkenness, when habitual or in the performance of official duties, gross indecency, profanity, obscenity, or other language used in the discharge of an official function which tends to bring the office into disrepute.' (W.W. Willoughby)
"Thank you, Mr. Chief Justice. Thank you honorable members of this impeachment tribunal. God bless the Philippines."

Thursday, November 25, 2010

Justice & the Rule of Law

No contemporary society can achieve and maintain prosperity without the rule of law, for citizens, families, workers, and local and foreign investors want sufficient safety and predictability for their lives, liberty, and property. Also, “rule of law and access to justice go hand in hand as necessary conditions for a working democracy” (Hague Institute for International Law, 2007).

Inequality of access to justice endangers a contemporary democracy and the rule of law, as it breeds resentment, anti-social behaviour, criminality, violence, and rebellion among social sectors and classes that consider themselves systematically disadvantaged in their pursuit of fairness and right relationships in society.

Among the many challenges to the rule of law and access to justice in the Philippines, there are three that can be effectively addressed by the 2nd Aquino administration. These are: (1) the ordinate delay in the administration of justice, (2) the difficulty of poor litigants to secure the services of good lawyers and to appreciate lawcourt proceedings, and (3) the citizenry’s ineffective exercise of their right to information on official actions and decisions of government.

Challenge: There is inordinate delay in the administration of justice owing to several reasons among which are: (1) the insufficient number of prosecutors and judges which results in case congestion and inefficiency among them, (2) inadequate monitoring and management of cases, (3) insufficient inter-agency co-ordination.

According to the 2008 Annual Report of the Supreme Court, there were 519 vacancies in the Judiciary which constituted nearly 20% of existing court salas.
The prosecutor-to-case ratio is 1:228 in 2007. The average caseload is still too heavy, and the prosecution service is undermanned. Despite recent increases in allowances, many prosecutors are leaving to become either private practitioners or judges. It is estimated that more than 500 additional prosecutors are needed for current caseload to be managed efficiently.
Recommendations to the current administration:
1. Intensify the recruitment of prosecutors to address the disparity in the prosecutor-case ratio, and computerize fully the prosecution service for efficient monitoring by the Department of Justice (DOJ) of all cases for preliminary investigation, evaluation, and petitions for review.
2. Interconnect all the databases of the PNP, NBI, National Prosecution Service, BJMP and BuCor, PDEA, and the Supreme Court Administrator into one Integrated Criminal Justice Information System. This will enable the heads of the agencies in the justice system to retrieve, store, and manage information quickly and efficiently.
3. Operationalize the National Council on the Administration of Justice (NCAJ), created through a MOA among the DOJ, the Department of Interior and Local Government, the Supreme Court, and the Integrated Bar of the Philippines, with the Justice Secretary as Chair. The NCAJ should meet regularly (e.g. twice a month) to discuss and agree on specific ways and means to expedite the resolution of big criminal and civil cases without violating due process. Big or priority cases shall be massacres, extra-judicial killings, kidnap-for-ransom, illegal drug trade, plunder, syndicated smuggling, large tax evasion, and breaches of contract involving large local or foreign investments.
4. Support and complete the Supreme Court’s ongoing Action Program for Judicial Reforms (APJR) on case decongestion, judicial systems and procedures improvement, human resource development, and institutional development.

Challenge: Litigants among the poor and marginalized sectors have difficulty in securing the services of good lawyers owing to the financial costs, and they find court proceedings inaccessible and alienating owing to the (English) language used ("Philippine Democracy Assessment," 2010).
Recommendations:
1. Increase substantially the budget of the Public Attorney’s Office (PAO) in order to upgrade the skills of, and increase allowances and benefits for, public attorneys.
2. Introduce a Commission on Higher Education (CHED) requirement for 3rd or 4th year law students to do an equivalent of six (6) months of free legal aid work with the PAO or with free legal aid groups accredited with the PAO and the IBP before they can graduate. In this way, future lawyers also gain an insight into the reality and struggles of poor litigants and will be more inclined to include free legal aid work in their careers.
3. Direct the CHED and the Komisyon ng Wikang Filipino to produce eight (8) manuals of the Rules of Court, and standard legal terms and expressions in many court proceedings, in the 8 major regional languages in order: (a) to enable judges, lawyers, and students of law to learn to conduct court trials in a regional language for the benefit of poor litigants and (b) to contribute to the intellectual development of the regional languages.
4. The CHED has to require law schools to introduce an elective course on the conduct of court trials using a regional language and the use of the concomitant manual on the rules of court in a regional language.
5. The Justice Secretary, as an ex-officio member of the Judicial and Bar Council, should recommend the capability to conduct court trials in a regional language as an additional requirement for applicants to half of the vacant court salas in every region starting 2013.
6. Seek the co-operation of the Supreme Court, and give it substantial budget support, so that, by 2016, at least 200 lawcourts scattered in the 17 regions of the country, or 10% of all courts, are fully capable to conduct court proceedings in a regional language for the benefit of poor litigants.

Challenge: Ordinary citizens and their organizations cannot effectively exercise their right to information in addressing the problem of graft and corruption owing to the absence of rules and procedures on information access.
Recommendations:
1. The President has to issue an Executive Order that enables ordinary citizens and their organizations to exercise effectively their right to information on official acts, transactions, and decisions of agencies of the Executive Department. The EO shall formulate a simple, uniform, and speedy procedure for citizens to gain access to information from any agency of the Executive Department, or shall require within a fixed deadline every agency to formulate and disseminate widely a simple and speedy procedure for information access. The EO shall specify the administrative sanctions for violations of the provisions of the EO.
2. Certify as a priority administration bill a Freedom of Information Act that enables ordinary citizens and their organizations to exercise effectively their right to information on official acts, transactions, and decisions of all agencies in all branches of the government. This law will provide citizens a powerful tool to contribute to the government’s anti-corruption effort.
3. Certify as a priority administration bill a Whistleblower Protection Act. Engender a “positive whistleblowing culture” wherein people will not be afraid to disclose information on official malfeasance. By exposing graft and corruption in government, whistleblowers promote the public good and thus should be protected and rewarded by the State. Government should adopt as its official policy (perhaps initially thru the issuance of an Executive Order and later through the passage of a Whistleblower Protection Law) the protection of whistleblowers and the establishment of a system of monetary rewards for them.

Tuesday, November 2, 2010

Good Books, True Friends

A good book communicates without judging your ability to understand it, and gives you a chance to read it again and again. A good book keeps you company, and continues to do so long after you have finished reading it, as its words and conjured images stay in your mind and heart. With a good book, you are not alone, and this is what a true friend makes you feel.
Especially for the coming Christmas holidays, the NBDB invites everybody to spend time with good books & true friends. There might be friends just waiting for you in your bookshelf. Or find and get to know them by visiting libraries and bookstores. Then proudly take them to your kith and kin.
The great ideal of the NBDB is to make the Philippines a reading nation and a publishing hub in Asia. Our national hero, Dr. Jose Rizal, wrote: "It is a useless life that is not consecrated to a grear ideal. It is like a stone wasted on the field without becoming a part of any edifice."
The NBDB urges you to hekp build our nation, stone by stone, board by board, link by link, into a living edifice of people who are rich in true friends, good books, and great works.

Wednesday, October 27, 2010

Communion of Saints

All Saints’ Day is a celebration of the Communion of Saints, the Communion of all the Faithful, both living and dead. Thus, it is also our feast day, and it is a mistake to celebrate only the departed ones who have been canonized or officially recognized as holy.
In the letters of the apostle Paul, “the saints” refer primarily to living members of the Christian communities (see e.g. 2 Corinthians 1:1). Paul organized a collection in the regions where he founded communities, and “Macedonia and Achaia were pleased to make a contribution for the poor among the saints in Jerusalem” (Romans 15:26). Living people were the original subjects of the Beatitudes of Jesus which would be the gospel reading on All Saints’ Day.

In “Mga Kataga sa Teolohiyang Doktrinal” [Terms in Doctrinal Theology], the Communion of Saints is dynamically translated as “Damayan ng mga Tapat,” and is described as follows:
ang matatag na sandiwaan, paghahating-kapatid sa mga kaloob ng Diyos, at walang-kamatayang bayanihan ng lahat ng mga tapat kay Kristo, mga tapat na nabubuhay at mga tapat na sumakabilang buhay; tinatawag ding pakikipag-isa ng mga banal. Ito’y bukluran sa iisang Diwa ni Kristo na nakikilala’t nadarama lalo na sa pagdiriwang ng iisang binyag at iisang salu-salo ng Panginoon.
It is a solid sharing in the Spirit, the brotherly sharing of God’s gifts, and the undying solidarity of all of Christ’s faithful, the faithful in this life and in the next. This communion in the one Spirit is experienced and expressed especially in the celebration of one baptism and one supper of the Lord.
The Communion of the Faithful is misunderstood or rejected by those who are devoted to patron saints but are indifferent to or neglectful of needy brothers and sisters in this life. The real Communion of the Faithful entails solidarity and mutual aid to address physical, psychological and spiritual needs.
This is a Communion not of perfect people but of forgiven sinners like the chief tax collector, Zacchaeus, who resolved: “I give half of my possessions to the poor, and if I have cheated anybody out of anything, I will pay back four times the amount” (Luke 19:8).

By visiting the cemeteries and praying for our beloved dead on All Saints’ Day, we are expressing our hope in the mercy of God and freedom from sin for our departed loved ones. “Anyone who has died has been freed from sin” (Rom 6:7), and thus we hope that our dearly departed are counted among Christ’s faithful, who have been set free.
Source:
de Guzman, Emmanuel, Joselito Henson, Reginald Cruz and Dennis Gonzalez. “Mga Kataga sa Teolohiyang Doktrinal.” Quezon City, 2001.

Monday, October 18, 2010

Private and Public Sinners

Only Luke’s gospel has the parable of the Pharisee and the tax collector (Lk 18:9-14). The parable shows divine acceptance of the public sinner who humbly requests for mercy, on the one hand, and divine disapproval of the private sinner who looks down on the public sinner on the other.
Why were tax collectors considered public sinners? According to E.P. Sanders ("Historical Figure of Jesus," 1993), the tax collectors included customs officers, and they were mostly petty functionaries. The small towns around Galilee’s large lake (the Sea of Galilee) exported and imported goods. The customs officers collected taxes on the exported and imported commodities. In Galilee, these collections were then turned over to the puppet king, Herod Antipas, who in turn had to pay tribute to Rome.

There were indeed tax collectors who cheated and enriched themselves by charging more than the required amounts. Yet even if some were honest, tax collectors were seen as instruments of Herod and Rome, instruments of oppression, and thus they would be disliked by people in general.

As for the private sinner, he is usually blind to his hidden sins or sinful attitudes of arrogance, envy, and resentment. Jesus was chosen and sent to bring about “recovery of sight for the blind” especially for the spiritually blind (Lk 4:18). The merciful Father wants the conversion of both private and public sinners and their adoption of a new way of seeing that will lead to their reconciliation with God and with one another.
Another private sinner in Luke’s gospel is the older son in the parable of the gracious father with two (lost) sons (15:11-32) which is the longest parable in all the gospels and is exclusive to Luke. The younger son left his father and became a loser and public sinner, “but the older son has never really been there [with his father].” For years he has been “slaving for his father, resentful, selfish and angry” (Megan McKenna).
“Luke presents the mission and message of Jesus as a prophetic critique of the status quo” (Dennis Sweetland). This status quo is a world of separation, inequity or enmity between rich and poor, insider and outsider, male and female, private sinner and public sinner.
Before his conversion, Saul was a private sinner: “a Pharisee…[whose] legalistic righteousness [was] faultless” (Philippians 3:5-6). As an apostle, Paul preached the Gospel in season and out of season, and suffered as a good soldier of Christ.
The apostle experienced persecution in which he said, “no one came to my support, but everyone deserted me.” Yet like Christ on the cross, he humbly prayed for those who turned their back on him: “may it not be held against them” (2 Timothy 4:16).
We have all sinned. May we accept this deep truth with faith in Christ and be ready to work and suffer for the Gospel of reconciliation until our last days when we can thank God and with deep humility say, like the apostle, “I have fought the good fight, I have finished the race, I have kept the faith” (2 Timothy 4:7).

Saturday, October 16, 2010

Persistent Widow

Authentic faith, constant prayer, and the pursuit of justice are inseparable in the parable of the persistent widow (Luke 18:1-8). To win over opponents, we need both to lift up our hands in prayer and to act, work, or fight, as illustrated in the story of the battle between the Israelites and the Amalekites (Exodus 17:8-16).
In the parable of the widow, who was one of the most vulnerable figures in ancient society, she faced a formidable obstacle to her pursuit of justice: “a judge who neither feared God nor cared about people” (Lk 18:2). The widow, however, was courageous and persistent.
Somebody cheated or harmed her. Perhaps she was poor and yet her son did not fulfill his duty to provide her some support. Or she had no son, and although still marriageable, her brother-in-law refused to fulfill his duty of marrying her and securing her future. Maybe her adversary gave the judge a bribe.
Because her persistent pleas were wearing him out, the unjust judge decided to grant her justice. He did the right thing for an inferior or selfish reason.
Are we like the courageous widow or the unjust judge? Don’t we sometimes do the right thing for the wrong or inferior reason?
The story-teller and theologian, Megan McKenna, is right: God is like the persistent widow rather than the unjust judge. God is not someone either selfish or indifferent whom we have to pressure, shake up, or wear out through persistent prayers in order that we can get what we want or what we think is good.
God is like the widow. Even though God’s word through the prophets at many times had been ignored or rejected, God persisted and sent the beloved Son to set free all who are imprisoned or oppressed by sin and selfishness. Even though the Son was rejected and executed shamefully, his Spirit remains and keeps on calling us to conversion, justice, peace and mercy.
Some Church leader should put up a "Chapel (or Shrine) of (God) the Persistent Widow." Do we have the deep faith to see God in the widow or in the weak or vulnerable person who persists to seek what is right? May the Lord increase our faith: may the Lord help us to be constant in prayer and steadfast in the pursuit of justice.