Category: martial law

JPE and cyber libel

By Rene Saguisag

THe Inquirer asked: “But didn’t he [JPE] himself tell the public on Feb. 22, 1986, as he and . . . Ramos barricaded themselves at Camp Aguinaldo after the discovery of their coup plot. . . , that the ambush was fake? Together with Ramos and [soldiers] that formed the Reform the AFP Movement (RAM), Enrile, speaking on radio, confessed, among other things, that Marcos ordered the staging of the ambush to contrive a final act by his [foes] that forced him to place the country under martial law. The Filipinos forgave him, and trooped to Edsa by the millions to shield him and Ramos and their troops against an assault by Marcos’ military.” PDI, September 30, 2012, A8, col. 1.

If JPE lies, will son Jackie with his Alfie Anido problem? Fruit does not fall far from the tree? The version in the auto-bio that there was no fake ambush seems to be revisionism by one who has done good, validating that all autobiography is vanity (Durants). Falsus in uno, falsus in omnibus?

I borrowed a copy of JPE’s auto-bio last Tuesday, but had time only to skim it, with all else I have to do. Kindly repeatedly invited to the book launch by JPE’s staff and the sponsoring Lopezes, I could not go. I was curious on JPE’s takes on certain items. Like 1) JPE’s supposed 1986 shouting match with PCGG’s Ramon Diaz, presumably over ill-gotten wealth. Gutsy of RD as the rest of us had been tsunamied by the JPE-FVR getaway. No mention. 2) How JPE got word on the need to meet Prez Cory who fired him on Nov. 23, 1986, a Sunday, and whether what happened was what he had expected. Page 665. Cryptic. Elliptical 3) Our early post-Edsa meets on freeing all political detainees, etc. In Club Filipino and Camp Crame meets were difficult and emotional. Uncle Jovy Salonga and I were committed to release all such detainees, a battle cry of years, which unimplemented, would put our credibility on the line right off. FVR was taciturn. JPE was against, as to the extreme left. Page 660. JPE wrote about the Ver-Edna romantic rumors. Page 482. What about his own love life? Page 37. GFs, he said in one memorable interview.

JPE wrote that on the night of Feb. 25, 1986: “I met President Aquino in an open area behind the house of Mrs. Josephine Reyes. With her were Jimmy Ongpin, Nene Pimentel, and [ex-]Justice Cecilia Muñoz Palma, Joker Arroyo, Ramon Mitra, Jojo Binay, Ernie Maceda, Rene Saguisag, and others. . . . President Aquino asked someone to call Ambassador Bosworth and she talked to him. All of a sudden, I heard her exclaim, “No! I do not want him here. I want him out of the country!” I was certain her remarks meant President Marcos.” Page 635. “. [S]hortly after her oath-taking, Cory held court at the head of the huge rectangular table in the cabinet room where Marcos had presided. Doy Laurel as Vice President sat normally to her right and I sat next to Doy as the Defense Secretary. To her left was Joker, her first Executive Secretary, who was pretty much the one steering the meeting. The rest of the cabinet members like Nene P, Neptali G, Rene Saguisag, Bobbit Sanchez, Ernie M, and the others occupied the other seats.” Page 656. To those still doubting I was Present at the Creation, belat kayo lahat. But, As Cory, Jr. I could not move freely as I wished. JPE, I was told, would not touch our food in our Cabinet meets. Poison concern?

The book affirms that he was behind forming ACCRA (Page 350) which he would deny at the time, if my memory is true. Ed Angara asked me at Manila Hotel during a Con-Con lunch break to join it; I declined. I dimly recall JPE suing a mag for mentioning the JPE-ACCRA link in he 80’s. In 1972 an ACCRA partner showed me around the ACCRA office in a Philbanking Bldg. on Ayala and pointed to JPE’s room. Another terminological inexactitude?

Another sizzling topic. Did the cybercrime law (R.A. No. 10175) change the notion of libel?

The penalty therefor was upped by R.A. No. 10175 but the Supreme Court (SC) has been liberal in acquittals and in imposing libel penalties, only a fine in the last decade given more-speech-not-less culture. But, no one should libel whatever the medium; the SC is there to temper. Trial courts may reflect the local power situation. A severe penalty can be nullified as impermissible under the substantive due process and equal protection clauses in a case filed by an actually prejudiced person in a real, not hypothetical, case; particularly so where the media is concerned. The SC strokes and massages the press.

Can Sen. TG Guingona, crying Uncle! make sumbong to the SC after he failed to convince his colleagues? I question too whether a Senator can violate the Consti by being a party. Lawyers-lawmakers are not supposed to appear in courts. What about non-lawyers? May both be circumventive? I prefer the prudential approach of Sen. Chiz Escudero, Sen. Allan Cayetano and Rep. Sonny Angara. They will work to amend and not have the SC do the dirty job. What TG is doing it to show up the executive and legislative branches as constitutional innocents. Given the trio’s initiative the SC should show judicial restraint: give Congress time to “correct” its work. I admire the courage of any Senator going to the SC asserting that close to 300 lawmakers abetted by PNoy’s legal team—do not know the Consti. Is TG the proper party, a lawmaker who lost in the Senate voting? And there is no actual case or controversy involving anyone personally on which he seeks an SC veto via an advisory opinion. Solons may differ but the Cabinet must speak with a single voice.

The Revised Penal Code penalizes libel by six months and one day to four years and two months and a fine ranging from P200 to P6,000, or both, in addition to the victim’s civil suit for damages. Courts may impose a fine, or imprisonment, or both, and award crippling damages.

We redeem valuable human material and prevent unnecessary deprivation of personal liberty and economic usefulness with due regard to the the social order. Buatis v. People, 485 SCRA 275, 291 (2006)(libel). In Sazon v. CA, 255 SCRA 692, 703 (1996) (libel) the SC ruled that “ the decision of the Court of Appeals is hereby AFFIRMED with the modification that, in lieu of imprisonment and fine, the penalty . . . shall be a fine of [3,000].” Better than having the SC shame the other branches, and immunize those saying what they think of Justices and their ancestors. To doubt is to sustain – Malcolm. The elected can cure the defects. Anyone calling a Justice a rapist online will be out of line and cannot be insulated from suit. But, the Right thing must be done by the Right party at the Right Time in the Right Way and for the Right reason. My Five R’s.

Draconian measure

By Bong Austero

On the same week that people of a certain age went into reflection mode to remember the horrors that befell this country 40 years ago, the President of the Republic signed the Cybercrime Prevention Law.

On the same week that people swore “never again” as they relived the dark years of the dictatorship when citizens were denied civil liberties—when freedom of expression was reduced to a theoretical concept that people pined for because speaking about or criticizing the excesses of government could mean summary execution or detention—the electronic version of martial law went into effect in the country.

How did this happen in a country that is supposed to be a bastion of democracy and at a time when the prevailing order rose to power on the strength of its much avowed defense of civil liberties?

The law sneaked through both houses of Congress surreptitiously.

Netizens and civil rights activists were caught flatfooted —they, along with everyone else in this country, simply woke up middle of last week to learn that their right to privacy has been whittled down. Worse, one can now be charged with a crime called electronic libel, which carries a penalty more onerous than ordinary libel. Under our current penal code, a writer, editor, or publisher who is found guilty of ordinary libel could be meted out a jail term of six months and one day to four years and two months. Thanks to the new cybercrime law, anyone who makes a comment in Facebook or Twitter or on a blog that is deemed libelous could be jailed for a minimum of six years and one day up to 12 years. This makes the person ineligible for parole since the minimum penalty is beyond six months. The proponents of the new law have made sure that anyone who would be convicted of the crime of electronic libel would have to serve a jail term.

This happened under the reign of the son of the mother of democracy in this country.

I am at a loss as to how something like the cybercrime law could be passed into law given this administration’s supposed staunch commitment to upholding civil liberties. The President is supposed to be surrounded by people who know better when it comes to these matters—there are quite a number of cabinet secretaries who are active netizens; for instance, Secretary Ricky Carandang and Undersecretary Manolo Quezon used to be very active bloggers. Most Cabinet members use Facebook and Twitter a lot. In fact, this government has practically endorsed the use of social networking sites as a means for citizens to get updated on government advisories during calamities and disasters.

There is also the matter of the law being impractical. Do we really want our justice system to be saddled by cases spurned by commentaries in blogs and social networking sites including the frivolous and trivial? Do we really have the means to prosecute everyone who commits electronic libel? If even just a fraction of Filipinos who think Vicente Sotto is unfit to become senator decides to deliberately commit mass electronic libel by maligning the senator in social networking sites, do we have enough resources to make millions accountable? What is the point of having a law if it cannot be implemented anyway?

The timing of the signing of the bill sucks. I don’t think that the senators who voted in favor of the bill did so out of fear that what happened to Sotto would also happen to them. Still, you can’t stop people from speculating that the two events are related.

I agree that there should be a means to police malicious and immature commentary in the Internet. I agree that there are far too many people who seem to treat social networking sites as nothing more but repository of their personal rants and complaints. But we don’t need to hold a gun against everyone’s temple just to make a point. The cybercrime law is just too draconian a response to a relatively minor social problem.

I have been informed that certain civil rights advocates will take the issue to court. I support this move. We must not allow what happened 40 years ago to happen again in this country.

Fecal Politics: On Torture under Martial Law

By Vicente L. Rafael

Pinoy Times columnist Pete Lacaba, recently wrote about the time he spent in prison during the Martial Law years. He vividly recalled the conditions of his cell at Camp Crame which had no bathroom. He and his cell mates were forced to urinate kneeling down into empty biscuit cans. Each morning, a group of them were designated to empty the containers. They would walk out of the cell “carrying the foul smelling cans like the Three Kings bearing incense,” and dump them outside. More problematic, however, was the matter of defecation. Access to a toilet was dependent on the moods and availability of guards who had to be hailed by the prisoners with shouts of “Sir, etsas! Sir, etsas!”while banging on the iron bars. If the guards failed to come, Pete and his cell mates were forced to relieve themselves on old newspapers. These were then folded and set aside to be thrown the next day when allowed by their jailers. Once, a fellow prisoner in a fit of rage threw his fetid bundle towards the sleeping quarters of the guards. In retaliation, all the prisoners were subjected to what Pete calls “romansa militar, alyas karinyo brutal.” Not until the prisoners had organized themselves and protested the lack of facilities did they finally get a toilet of their own.

In response to the internet edition of Pete’s column in the listserve Plaridel, some readers wrote back about their own attempts at maintaining some sort of sanitary dignity while subjected to the routines of dehumanization in prison camps. Maria Cristina Rodriguez, for example, recycled the newspapers regularly brought by her mother while she was incarcerated at Camp Dangwa in Benguet. She consumed the paper twice, reading the news and then using it for collecting her leavings. Along with the urinal that was left in their cell, she and her fellow prisoners would deposit their remains by a canal near a volleyball court used by the soldiers. She recalls how they took particular pleasure in leaving behind their stench for the entire camp to smell, reminding their jailers of something they could not capture, much less domesticate.

The history of prisons is often regarded by scholars as integral to the rise of modernity. In the West, punitive institutions were seen to play the role of defining, separating, disciplining and reforming individuals into modern subjects capable of internalizing the law. Such a concept was introduced to the Philippines by the United States. Colonial rule, as the historian Michael Salman has so nicely argued, was modeled after prison reform then in vogue in the U.S. at the beginning of the twentieth century. Like prisoners, colonial subjects were to be modernized and disciplined, kept under the watchful eyes of colonial rulers and elite collaborators. Once reformed, they were to be paroled, as it were, and given their independence.

As with most other colonial institutions, the model of the reformatory prison (with the possible exception of the Iwahig Penal colony) was never fully realized. In the post-war era and through the Martial Law period, jails primarily became dumping grounds for so-called dangerous and subversive elements. Far from being institutions for the rehabilitation of criminals into modern subjects, prisons came to be governed by the most feudal forms of relations. In the military stockades, the lingua franca of power was torture, both mental and physical, spoken by the State through its chief interpreters, the prison guards. Held in place (“prison” comes from the Latin prehendere, to lay hold of), the individual was cut off from his or her society and introjected into the cavities of a system of deprivation, violence, and unceasing humiliation.

The nodal point of any system of incarceration is of course the prisoner’s body. It is the body and its various functions that are targeted for containment for the purpose of reform or, in the most extreme cases, death. On the way towards these two possibilities, the body, especially in the case of political prisoners, is treated as the dangerous repository of secrets which must be dug out, of truths that must be laid bare, invariably by force. Guards and prisoners find themselves in the most intimate relationship as torturers and tortured, one seeking to extract hidden knowledge from the deracinated body of the other. The prisoner’s body thus becomes the site on which the power of the State is performed. Its bruises, broken bones and bloodied flesh are the signs of the torturer’s ability to make the incarcerated body speak.

But as the accounts of Pete Lacaba, and Maria Cristina Rodriguez show, the State’s victory is never complete and always subject to challenge. That is because in prison, the incarcerated body continues to live. It thinks, thinking enough to eat, for example, and in eating reproduces itself day by day, seeking to adapt to if not transform the conditions it finds itself in. Eating whatever wretched food it is given, it knows enough to give something back to the world from which it has taken a part of. The body lives by taking and giving, and so always leaves behind a piece of itself. Urine and shit are not merely waste products incidental to the body; they are proof positive of the body’s continued capacities to keep on living by giving back to the earth the remains of its reproductive labor. In this sense, we can think of urine and shit as that which every body gives “birth” to.

Indeed, Sigmund Freud theorized that young children often confuse the vagina with the anus. Consequently, they conflate giving birth with defecating. In addition, children subjected to the demands of toilet training realize early on a kind of power they have over their parents with regard to the giving or withholding of their feces. Thus the anus is regarded as the location for the passage of a thing that can cause either horror or pleasure when delivered at the appropriate moment. Shit in this context comes across as either gift or threat: a token of submission that the child offers to its parents by way of recognizing their authority, or a weapon with which to terrorize those on top and repel their demands.

Freud’s insights into fecal matter help us think about the experiences of imprisonment which often entail the return to an earlier, more elementary stage of existence. The State seeks to apprehend, in all senses of that word, the body in and through its incarceration. However, the sheer material reality of the body means that the State cannot totally comprehend its workings. The State cannot, for example, expect the prisoner to stop urinating and defecating unless it also stops feeding it, in which case the prisoner will die. Dead prisoners deprive the State of objects on which to assert its will. After all, domination requires the maintenance, however minimal, of that which is to be dominated. Even in the Nazi death camps, exterminated prisoners had to be replaced by more prisoners in a logic exactly the same as that of an assembly line. Keeping the prisoner alive, however, means acceding to some of his or her needs, such as the need to defecate. Like the child gaining leverage over the parent, the prisoner through her or his feces is able to talk back to the prison guards. In the case of Pete and his cell mates, this meant having some way to protest their conditions to the point of having a toilet built for them. In Maria Cristina’s story, it meant turning shit into a weapon of revenge, releasing its smells as a way of interrupting the play and leisure of the guards.

This last consideration is extremely significant. The translation of feces from an abject source of embarrassment into a potential weapon of vengeance is perhaps the most telling instance of a kind of rebellion: the refashioning of the body from an object of captivity into an agent of its own liberation. Drawing upon its resources, the body fights back in ways difficult for the State to localize much less contain. For it is not shit itself, but its smell that disorients and disturbs. Odor can neither be conceptualized nor detained. It always escapes, only to linger on. Where shit serves as the evidence of the body surviving and living on, fecal odor is the body’s ghostly emanation. It assails the mind and the senses, penetrating the borders and check points of social conventions and political regimes.

The stories of Pete and Maria Cristina remind me of another group of political prisoners. In the late 1970s, incarcerated members of the Irish Republican Army (IRA) launched what came to be known as the “Dirty Protest,” refusing to submit to the brutally invasive bodily searches of their British captors. As brilliantly described by the anthropologist Alan Feldman in his book Formations of Violence: The Narrative of the Body and Political Terror in Northern Ireland, the IRA prisoners decided to stop washing, brushing their teeth, and shaving while refusing to put on prison garb. Instead they went about naked, wrapped only in their filthy blankets. They also refused to do their business in toilets where they were routinely beaten up by the guards. They began to shit and urinate in their cells. Even more dramatic, they spread their shit on the walls and floors, creating an unbearable stench which made it extremely difficult for the guards to enter their cells. And they did so continuously for about five years. The fetid nature of their prisons meant that guards risked being swallowed up into what essentially had become the extension of the prisoner’s anal cavity. Fecal matter effectively created a wall protecting inmates from guards. It repelled the latter with a stench that clung to them long after they had left work. Thus was the relationship between inmates and guards reversed, as torturers were held hostage to the intractable remains of those they had tortured.

 

Martial law and the ideological time warp

By Raul Pangalangan

WHY DO those who are old enough to remember martial law make great effort today to mark its 40th anniversary? Because many of us are worried that the next generation seems blasé about a return to dictatorship and some even sound like they would relish it.

I have in the past looked at the pedagogical challenges to remembering that era. The kids’ minds today are wired differently. They are more attuned to specific issues (think environment), not grand causes (think liberalism). We tell them about the systemic roots of a problem but they are more moved by the human drama. And yes, they want the rawness of that drama because they suspect anything edited to have been scripted or manipulated. Finally, they are impatient for real solutions in the here and now. Preach to them “protracted struggle,” and they say, “You mean it will take more than one sem?”

But even for us oldies, there is actually a fundamental problem. We downplay the role of ideology in the proclamation of martial law, and portray it as nothing more than a power grab by Ferdinand Marcos and his cohorts—Marcos for love of power, the cohorts for love of money—and aided by the United States.

The result is that, until the present, we disregard the place of the Left in the martial law story. Remember that martial law was Marcos’ response to the communist threat, that he blamed the communists for the Plaza Miranda bombing (and he was telling the truth, ex-communists now tell us!), that his human rights victims were mostly leftists, and that until the death of Ninoy Aquino, the campus and religious Left (and of course the armed underground component) were the only ones who dared oppose Marcos. Finally, the whole Bagong Lipunan ideology and the Marcos trilogy of books on his “revolution from the center” were needed to counter the Left’s comprehensive vision.

In the foreword to the book “Subversive Lives” (on the saga of the Quimpo family of activists), Filipino-American historian Vicente Rafael asks why “there are no monuments to communism in the Philippines” and why, for instance, even the Bantayog ng mga Bayani dedicated to martial law victims honors them as “nationalist martyrs” rather than as communist cadres.

He replies: “[It means] that there is something about [communism] that defies commemoration and mourning [that the role of the Left] remains unassimilated into the dominant narrative [and] seems peripheral to nationalist consciousness.” He explains: “Monuments act as tombs that bury and so keep in place the ghosts of the past. They allow those in the present to commemorate the dead and thereby overcome their absence. [Communism] haunts the nation in ways that cannot be fully accounted for, much less entombed by the historical narrative of nationalism.”

Just consider the weeklong homage to the martyred youth leader, Lean Alejandro, who was assassinated 25 years ago as a prelude to a coup attempt against Cory Aquino. How many of the published tributes openly acknowledge that he was leftist? Why is it that, long after RA 1700 (Anti-Subversion Law) had been repealed, we continue to sanitize his leftist roots and highlight instead the altruism and spirit of self-sacrifice that indeed the Left embodied then?

My answer is that, once upon a time, it made good strategy to downplay ideology and find common cause with all groups. Indeed if Ninoy’s death was the beginning of the end for Marcos, it was because it mainstreamed the anti-Marcos opposition, from the underground Left to the parliament of the streets. Until then, the opposition to martial law came from the periphery, but with Ninoy’s murder, it arrived literally at Ayala Avenue’s confetti-strewn marches.

But if it made sense to hush the Marxist jargon then, why does it persist to the present? There are several possibilities. One, maybe we should confront the obvious. Cold War propaganda is so effective that, long after the USSR has crumbled and Communist China has become capitalist, Filipinos still look askance at communism. Do leftist party-list groups openly declare themselves communist, I wonder?

Two, maybe that isn’t just the fault of the running dogs of US imperialism. After all, the communists had their own killing fields and their revolution had begun to devour its own proverbial children. They have also degenerated into brigands who extort revolutionary taxes from legitimate businesses. For instance, they sabotage cell sites and cause the delayed transmission of our text messages. That certainly can’t endear them to the Filipino public. And contrast that to the Marcos children today: bright, sophisticated and articulate. Even without the Marcos mystique, they can give any politician a run for his money.

It is time to discard the notion that the communist threat was merely a convenient excuse for martial law. Perhaps the threat was bloated but it was there, and it was just a matter of time. Martial law thrived for the first few years because Marcos offered a vision of a New Society that Filipinos craved then and still seek today, and our hope is that we can find it without the pain and agony that the martial law nightmare wrought upon countless innocent lives.