Monday, August 26, 2019

From Machetes, Bolos, Bamboo Spears... How Far has our Military Developed?


Our heroes fought invaders’ guns with machetes, bolos, bamboo spears, and bows-and-arrows, making do with what colonized Philippines had. Now, they must be turning in their graves to know that 121 years since our independence, we still have in our puny arsenal weapons dating back to world war II.

We should honor our heroes with credible investment in our defense capability—long time coming. While we were dabbling in our military capacity, China has quietly grown its military might to become the world’s third strongest military overall, next only to Russia and the US, but second in terms of the most number of military personnel, only slightly edged out by India.

Make no mistake about it, China has invested significant resources in, and has worked tirelessly for centuries, building its military to become the behemoth that it is now, and for a reason. Let us not kid ourselves that it will yet again let it pass this time.

We can not—we must not—rely on the US to secure our territorial integrity. Even a Mutual Defense Treaty (MDT) will not guarantee that the US will stand on our side at the first signs of trouble. It is not as straightforward as we would like to believe it to be.

Let us consider that the US may be more interested in the trade that goes through the WPS strategic sea lane, which explains why it is insisting in maintaining freedom of navigation, than our sovereign security, if only to spur us to finally get our acts together and draw up a realistic military modernization program.

Thursday, August 22, 2019

Former Mayor and Convicted Rapist and Killer Antonio Sanchez will NOT likely Walk Free


Guevarra: “Former Mayor Sanchez, convicted rapist and killer of Eileen Sarmenta and Allan Gomez, will likely walk free.” https://www.philstar.com/headlines/2019/08/21/1945203/ex-mayor-antonio-sanchez-set-release?fbclid=IwAR2cr63xuNPtZ5DdtC2kONDJD85d3b6DJA7Lsu9gDoLzU1wZa2wCtD4XexI

Words of the lead authority brought the victims’ families to the deepest of despairs, and back to the memory of the ghastliest crime of its time. 

But it’s outrageously premature, and if you consider Guevarra’s use of the adjective “likely” to describe the alleged possibility of Sanchez’s walking free, it sounds irresponsibly biased. 

The truth is, it is a 50-50 chance at best, and the victims’ families should have been spared the harrowing ordeal of reliving the torment of the moment.

The law itself, RA 10592, while increasing the sentence deduction allowed for good conduct, amending article 97 of the Revised Penal Code, provides for conditions for a prisoner or a person deprived of liberty (PDL) to qualify, or be eligible to benefit from this law. That is, among others, that he agrees in writing and with assistance of counsel to abide by the disciplinary rules imposed on convicted prisoners, and that he is not a recidivist, or have been convicted previously twice or more times of any crime; and finally that he is not a recidivist, habitual delinquent, escapee, and is not charged with a heinous crime.

Given these conditions and knowing Sanchez’s notorious and murderous past, the prospect of him walking free is not that rosy at all.  

We may recall that in 1991 or two years before the Sarmenta rape-slay, Sanchez was indicted for ordering the killing and deaths of father and son Nelson and Rickson Penalosa—apparently Nelson was a political leader and supporter of Sanchez’s political rival. Sanchez’s conviction in the Sarmenta rape-slay case became final sometime in 2001, while his conviction in the Penalosa double murder case became final in 1999. 

The law defines recidivist as one who, at the time of his trial for one crime, shall have been convicted by final judgment of another crime embraced in the same title of the Code. Sanchez may be considered a recidivist since he was convicted, successively, of the crimes of double murder and rape with homicide. Rape, by the enactment of amendatory law, RA 8353, has been reclassified as a crime against person, bringing it to “within the same title,” title eight, of the Code, as required by the definition of recidivist. 

Sanchez could also be covered by the second phrase “have been convicted previously twice or more times of any crime,” since Sanchez was previously convicted of two murders, and alternatively, we know too, that he’s been indicted for possession of marijuana in 2006, and for possession of P1.5m worth of shabu in 2010, and presumably for a graft case, since there was forfeiture of his ill-gotten wealth, depending on whether the conviction for the latter cases came earlier.

Significantly, the law excepts from the coverage of the law those who have been charged with a heinous crime. Sanchez have not only been charged, but have been convicted, of heinous crimes, the rape-slay of Sarmenta, with Sanchez’s six conspirators and co-accused taking turns in raping the hapless Sarmenta before killing her, and ending with the killing of Sarmenta’s friend and companion, Gomez, and the senseless murder of the Penalosas.

Obviously, that Sanchez was found in possession of marijuana, of shabu, and a flat-screen television, an air conditioner, and a refrigerator in his cell, in separate instances and all while he was in detention serving sentence, he could not be said to have abided by the rules (and the laws), or have exhibited good behavior. 

For these reasons, the cards are stacked against Sanchez, and the victims’ families can take comfort that it is not a lost fight, not by a long shot. They must take a proactive stance, though. They manifest their objection, and impress upon the authority their intent to see the law’s strict application through every step of the way to ensure that Sanchez will not unduly benefit from this law.

Saturday, August 17, 2019

No Garage, No Car Policy, Government's Save Face Tack


For not doing its job, and to deflect blame, the government trains its eyes on aspiring and struggling car owners. The DILG asks congress to enact a law on “no garage, no car” policy, and Senator Sherwin Gatchalian, uncharacteristically obliges by filing Senate Bill 201, the Proof of Parking Space Act. 

While we all must share in the blame and resolve to play a part in the solution, the government, along with its occupants, especially the politicians, should be decent enough to own up and take responsibility, if it is to have any moral ascendancy on the issue. This problem is clearly a result of the government’s poor policies—something that is commonplace in a corrupt environment.

Long before this traffic mess has grown to the monster that it is now, the government saw this coming, but did not do enough to prevent it: build adequate roads accompanied by effective drainage system; establish an efficient mass transit system. Apparently, this is hard to come by in a corrupt environment.

We scored worst in road index, and we barely beat Cambodia in railroad. Imagine, Cambodia, which became an independent country only in the early 50s, at the time when the Philippines led the economies in Southeast Asia, later formed into ASEAN—to be overtaken just a little over two decades later by Malaysia, Indonesia, and Thailand— ravaged by decades of genocidal and private capital-destructive Khmer Rouge regime, edged us out. We have to be a very inept government for this to happen. No wonder even the war-devastated Vietnam has economically surpassed us.

“The Philippines, meanwhile, scored the lowest in ASEAN and ranked 104th of 137 economies when it comes to quality of roads.” https://www.rappler.com/business/187905-asean-summit-2017-philippines-competitiveness

“In the latest Global Competitiveness Report, the Philippines lags behind the rest of ASEAN in terms of the quality of roads, railroads, ports, air transport, and electricity supply. (In fact, we scored worst on roads and air transport.)” https://www.rappler.com/thought-leaders/188244-wealth-filipinos-compared-asean-neighbors

But even in our present situation, it is ill-advised to require a garage or parking space before one can purchase a car for the following reasons:
  • Most car owners are out of their homes or residences (with their car) during daytime when traffic is heavy, so if at all, a garage, which is most likely empty during hours when traffic is heavy, may contribute very little to solving the traffic problem.
  • Most car owners are forced to acquire a vehicle due to the sorry state of our mass transit and public transport system, and to save them their dignity—you would know this if you’ve tried the MRT, LRT or the decrepit PNR.
  • Some car owners acquire a car to reward themselves for their hard work. It is a valid motivation, and should be promoted as it incents productivity.
  • It is an assault on the middle class, who comprise the majority of single car owners and who may not be able to afford a parking space given the skyrocketing prices of metro manila real estate prices. On the other hand, it favors the rich who own more than one car, and who has enough land or can afford to acquire land for parking space for their fleet. Note, though, that we must not take it against the rich. Remember, they got them from hard work.
  • If the government thinks the solution to the traffic menace is to prohibit roadside parking, then it may craft a policy or enact a legislation on it and apprehend and even impose stiffer penalties on violators. But to require garage for would-be buyers is simply an overstretch. It is like cutting the tree when all that is needed is to straighten a wayward branch.
In the end, the best way to manage a runaway car population is to establish an efficient mass transit system to disincent the excessive use of car, or the purchase of new cars. This notwithstanding, we have to see the increasing car sales as a sign of progress, that it truly is.