Category: media

televise the trial

In spite of the fact that the Maguindanao Massacre is an open-and-shut case, with the guilt of the accused very clear, justice for the victims and their families is still far off.

Can’t P-Noy’s administration and the Supreme Court make the wheel of justice move faster? Why is it much faster in other countries but very slow in ours? It is this slow justice that encourages crime in the Philippines. Even if a criminal is caught, it takes the government many years to send him to jail. In the meantime, he is able to continue committing more crimes, kill, buy or threaten witnesses against him, or bribe even judges and justices and therefore escape justice.

Why conduct only two hearings a week for the Ampatuans? And why only two witnesses per hearing? The Maguindanao Massacre is the most cold-blooded mass murder in the history of the Philippines and it shocked the whole world. It should not be treated so cavalierly like most petty crimes. What is wrong with holding daily hearings with no limit to the number of witnesses to be presented daily? What is wrong with holding hearings the whole day? The other cases of the court trying the Maguindanao Massacre can be transferred to other courts. What’s wrong with that?

Too bad capital punishment has been abolished in the Philippines, thanks to the bleeding hearts. If there is anybody deserving of execution, it is those who were responsible for the Maguindanao Massacre.

i agree with neal cruz.   besides, the law is biased enough in favor of the accused.   back in the ’90s i remember hearing the late quezon city regional trial court judge maximiano asuncion (branch 104) on tv saying that under our laws napakaraming karapatan ng akusado at iilan ang karapatan ng biktima o ng pamilyang naiwan ng biktima. to be sure, i googled it, and the issue turns out to be a very current one in the international arena, and there are continuing attempts to balance the rights of victims with the rights of the accused.   check this out, and this, and this.

of course there is dissent. belinda olivares cunanan, once of the inquirer, now of the the blog political tidbits, is one of many who are against media coverage:

First, the print media are already doing extensive  coverage of the trial. Second, live coverage could exacerbate the already super-high nationwide tensions over the mass murders, sapping the national energies further and making independent judgment impossible for a judge already boxed into an extremely difficult position when she accepted the Ampatuan case. Moreover, as De Lima correctly noted, live coverage could violate the court’s rule prohibiting the witnesses from hearing the testimony of their fellow witnesses.

first, the print media, due to space limitations, never quite capture and report all of the proceedings; neither do broadcast media, due to time limitations.   second, the slooooow pace is already “exacerbating the already super-high nationwide tensions over the mass murders.”   let’s not worry about judge jocelyn solis-reyes — she’s doing a good job off-cam, i expect she’ll do a good job on-cam.   as for witnesses being influenced by the testimony of other witnesses, surely each one has executed an affidavit beforehand, and testimony beyond such would not get past defense lawyers who would be very vigilant about calling public attention to anything like that.   and, finally, a televised trial would not sap national energies, rather, a televised trial would ease the tensions generated by the 53 victims’ families’ woes exacerbated by the supreme court’s seeming indifference to their very valid grievances.

as for those who are afraid that televised hearings might prove a diversion (distracting from the aquino admin’s serial flops, flaps, flip-flops?) or even as a means of entertainment, i suppose they’re coming from lessons learned in erap’s impeachment trial that led to edsa dos.   but there was a lot that was laughable about that proceeding, which cannot be said of the ampatuan trial that is seeking justice for the 58 lives violently ended, massacred in one sweep, by a private army in broad daylight.

Sen. Joker Arroyo has warned that with almost 200 defendants and 300 witnesses it could take 200 years for justice to be meted out to both the perpetrators and victims of the Maguindanao massacre. If it should take long to prosecute the case, let it go the whole route. Fiat justitia, ruat coelum. Let justice be done though the heavens fall. But surely something can be done to speed things up. Probably the number of witnesses can be limited to the most important ones and marathon hearings can be held. Judge Jocelyn Solis-Reyes of Quezon City Trial Court Branch 221 could also be relieved of her other cases so she can focus on the massacre trial.

The Maguindanao massacre trial should be no less important than the Estrada case, in which the fortune of one man was involved. Here the meting out of justice to 57 victims and 200 defendants is involved. The people also should know how a political Frankenstein’s monster was pampered and allowed to grow by a Machiavellian president to the point that they thought they would perpetually escape the clutches of justice. Televise the trial and let the people know.

yes, and hold daily hearings, eight hours a day, five days a week.   justice delayed is justice denied.

Slow wheels of justice encourage crimes
Balancing rights of the accused with the rights of the victim
Victims’ rights and the rights of the accused
Victims’ rights
Live trial coverage will exacerbate tensions
Ampatuan Watch: Elusive justice
Trials are not entertainment
Television and the Ampatuan trial
Televised trial
Former chief justice backs live feed for Ampatuan trial
Televise the trial

the oldies & social media

post-mislang there was The petty perils of tech and sosyal ek-ek from krip yuson, “an older writer’s diatribe about online youngsters and their tweeting ways” (as the editor puts it, in the intro to katrina’s response) even if it was also about facebook and blogs “demonizing” the “poor lady”:

All this excited, excitable talk about the glories of new media and sosyal ek-ek-working can really be only signposts to something possibly overrated. The jury should still be out on whether some benefits — like tweeting disasters and calls for relief aid, or finding long-lost cousins via Facebook to get up to speed on who’s won any Lotto draw — outweigh the nakedness of public spectacle, or expose the sloth of universal interest in what anyone may have had for breakfast, or how many corny pictures one can take at a barbecue party, thence parade onscreen as an imposition of generosity.

But then geeks, techies and faddists tend to view everything new with rose-colored glasses, like Manong Johnny who only wanted to make you happy. So the darned bandwagon begins to creak under the weight of too many cock-eyed optimists hailing a brave new world called the kingdom of sharing.

Whatever happened to the fine memory of Groucho Marx begging off from joining any group that would have him?

Sure, it fills the vanity void, expands virtual friendships. But what about the sensitivities of the poor lot who are defriended, or maybe worse, ignored, denied entry into private settings, or laughed out of an unsolicited tag?

I still don’t understand why one can’t just join a specific e-loop, which is like having a more intimate soiree, rather than have to cast one’s lot with a street hoedown where stalkers can turn up to foist their graceless manners and bad grammar on non-peers of greater cachet.

and then there was The connectivity society from randy david, an academic’s misgivings about the over-sharing on social media, and the loss of privacy, maybe daw even of our humanity.

THERE’S A theory in the study of social relationships that became quite popular in the 1960s. It was called “dramaturgical sociology.” Its author, Erving Goffman, adopted the Shakespearean insight that “all the world’s a stage,” and worked out a cool set of concepts that view human actions as sequences in the elaborate art of impression management. We want other people, he said, to see us according to how we wish to portray ourselves. Instead of leaving it entirely to chance, this is something we can control to some extent. Success is never assured. But we are not crushed when we falter: the audience is usually polite and helpful.

Goffman would have found the new culture of instant digital connectivity in which many of us today are immersed fascinating. Because of the radical changes in communications technology, our lives take place, more than ever, in what he called the “front stage.” In other words, we are constantly performing. Between performances, we find that there’s less and less time to retreat to the “back stage,” to take a break and be ourselves.

Our solitudes become public. The most intimate of our relationships, in which we used to be able to take refuge, can be viewed by people we hardly know but who are part of an ever-expanding social network. We are trapped in roles from which increasingly we cannot take a rest. We can no longer talk in whispers, or tell a joke that will not potentially be a scandal. It has become difficult to indulge in private moments that we’re sure will not be photographed, or recorded, and posted on YouTube or somebody’s Facebook.

Mobile communication instantly connects us to an amazing number of people everywhere, all at the same time. This has multiplied exponentially the power to do good and to spread the good news. But it has also empowered meanness. It has made bullying not just more vicious because of its capacity to be anonymous, it has also made it virulent. By providing easy access to the various media of public discourse, mass connectivity has democratized opinion-making no doubt, but it has not made it as easy to come to any agreement on what is to be regarded as true. Indeed, it has also become the most effective tool for repeating and spreading a lie. We may keep a tally of the number of people who “like” a particular opinion, blog, tweet, or post. But that only tells us what’s popular at any given moment, not necessarily what’s true.

as an oldie, too, but female, who’s been blogging since september 2007 and posting on twitter and facebook since early 2010, i wonder if it’s a macho thing, the writer’s and the intellectual’s shared disdain of social media – to join would be to succumb to a weakness?   or it could also be a class-sort-of thing, they who snub social media deem themselves a breed, a class, apart – it is below them to rub virtual elbows with a mean and disputatious techno-mob?

or it might even be just a mainstream-media thing, the two being old-hands at column-writing, opinionating, in the arts & opinion sections, respectively, of their broadsheets.   suddenly they don’t have a monopoly on “what’s true”, theirs are no longer the only opinions that matter, suddenly they’re competing with and/or being criticized by self-proclaimed writers and thinkers on the internet who are into the worldwide web of wide-ranging and relevant information that democracy requires and who love passing stuff on, and sharing their own ideas and opinions, just because they can.   yes it doesn’t make it easier “to come to any agreement on what is to be regarded as true” and it may also be a “most effective tool for repeating and spreading a lie” but the same can be said of print and broadcast media.   mas virulent nga lang sa social media because of the reach, across all computer-literate thinking classes, and because of the radical feedback, forward, and re-post devices.

and so post-pilipinaskayganda what a surprise to read Unoriginal from alex magno, an oldie but goodie?   even if a mainstreamer, too, an opinion columnist too, he seems to have no problem with social media.

In this age of social media pervasiveness, a consensus could be formed in the public mind within hours. That consensus is freely arrived at by all the participants in the sum of all blogs and tweets on a particular matter. It is, therefore, a consensus that can no longer be reversed.

We were made to understand that the “strategic communications group” — or at least part of it — was organized to manage the social media environment. That was, as we now see, probably and erroneous premise. Indeed, how could the social media be managed? How could this administration even dare aspire to manage the social media environment?

When the hostage tragedy happened, government portals were flooded with hate mail. Some portals were actually taken down by the sheer volume of mail coming in.

When Mislang made that casual comment about the quality of wine served by the Vietnamese, the outrage over the sheer lack of manners and pure pettiness of the comment flooded the blogs. Special websites were set up as impromptu public billboards to accommodate all the indignation expressed.

This week, the provocation is that completely unoriginal DOT campaign logo. This is a controversy that ought to have been avoidable. Before making that logo public, the DOT might have quietly conducted focus group discussions. They did not. They simply threw out that logo to the public to be feasted upon by the bloggers .

Today, for all intents and purposes, the public resoundingly rejected that logo. No need to do “public consultations.” That is so 20th century. The public review is done. It was accomplished in the world of social media. Traditional media can only echo the consensus that only social media can forge at such speed.

of course magno’s thumbs up could be just politics, ‘no?   unlike yuson and david who are identified with the president, magno is identified with the ex-president.   still magno had great hopes for aquino.   once upon a time he thought aquino could be a game-changer, and now that it’s not happening, well, it’s great that he has the sense to appreciate rather than denigrate social media’s awesome powers.

these oldies should give social media a try.   really, it’s all quite easy to learn.   one doesnt have to be a geek, a techie, or a faddist, one doesn’t need the latest gizmo, to blog, twitter, facebook, and google.   neither does it mean a serious loss of privacy – there are ways and ways of calibrating one’s engagement with the online world.   kanya-kanyang diskarte.   true, there are meanies out there, i mean, here, and there are many who wear rose- if not yellow-colored glasses, what else is new, microcosm of the macrocosm.

but yes, it does take receptiveness to the new and the radical, and an openness to criticism from left right and center.   no sacred cows here.   if all the world’s a stage, all the world’s a critic too.

media, priests & abortion

media is plural for mediocre, rene saguisag says in his manila times column on the same day that mark robert b. baldo in a letter to the inquirer editor decries the failure of media to level-up the public debate on the RH bill.

A cursory look on the articles printed in this broadsheet shows this to be a recurring theme: luminaries using the infidelities of some Catholic priests in Europe to discredit the Church; some citing the political affiliations of some bishops; and others, presenting flawed accounts of Church history. This is a mistake because no longer do we hear mention of arguments by both parties.

… Media inevitably shape the public debate. I am not talking here about whether the bill should be passed or not, or whether the media should frame it in such a way that it would be passed or not. I am simply talking about how to frame the debate in such a way that it would stimulate productive discussion rather than a stirring drama about a declining institution in Philippine society.

indeed, na-sidetrack, nagpa-sidetrack, na lang ang media sa rizal vs. damaso drama ni carlos celdran.   easier naman talaga to go with the flow, kahit paatras, than to move on, against the tide, to the more difficult formidable challenging task of helping along the RH discourse toward a clear resolution.

in Some issues about the RH bills fr. joaquin bernas writes:

When does human life begin? We probably are all agreed that man must not destroy human life. Our Constitution protects life “from conception.” There is some indication in the deliberations of the 1987 Constitution Commission that this means “from fertilization.” But there are contrary views. Who will decide which view is correct?

granted, for the sake of no-argument, that the philippine constitution means “from fertilization” and that congress will so concur, what then?   logically, it should mean the end of all debate because as with the natural family planning method (no sex during ovulation), with artificial contraceptives no fertilization happens, which means no life is destroyed, so condoms, pills, and IUDs should be okay-all-right.

and yet and yet and yet, priests and other rabid pro-lifers continue to insist that birth control pills (that prevent ovulation so no egg is produced for sperm to fertilize) are abortifacients.   nakakaloka.   how canyou even begin an intelligent discussion???   for the longest time i couldn’t figure it out.   why the lying.   why the dishonesty.   why the misinformation.   until suddenly it dawned on me, after reading this, still from fr. bernas:

The determination about the beginning of human life will also be relevant to the debate on abortion. Clearly abortion is prohibited and penalized by law. But when does abortion take place? At what stage of the reproductive process will interruption be considered an offense against life? At fertilization or only after implantation? Are there birth control devices or pills which are abortifacient? If so, in what way? There is debate about the abortifacient effect of some birth control means. Who is to settle this debate—Congress? The Courts? Science? the Church? The ralliers? I understand that the various pharmaceutical and medical literature on this are conflictive.

the questions tell me that fr. bernas knows more than he’s telling, much like a parent who has a hard time talking to a teen child about sex because the openness and the info could be misconstrued as license to have sex.   in this case the information, which is most likely new to many many filipino women, rich and poor, young and old, could be misconstrued as license to interrupt the reproductive process by preventing the implantation of a fertilized egg, which apparently he equates with abortion.   i totally disagree.

just to make sure i have it right, i emailed my balikbayan brother dr. godofredo “butch” stuart, now based in tiaong, quezon, who is my first resource on contraception.   his response:

REPRO 101

Fertilization occurs when sperm-meets-ovum, 200 to 500 million sperms in the ejaculate, discharged into the vaginal vault, embarking on journey up the vagina, up the cervix. Only less than a thousand survive the swim and make it to the fallopian tube, into the “last lap” of their swim. These sperms have fertilizing capabilities that last only for 72 hours, sometimes 96 hours.

And once a month, normally, one mature egg is released from the ovary, fertilizable only for 24 hours. Into the fallopian tube it begins the journey, where it is met by one of the surviving sperma. So fertilization occurs, resulting in a zygote.

The germinal stage (0 to 2 weeks) begins when the zygote journeys down the fallopian tube to the uterus, reaching the uterus in 4 to 5 days, floating freely in the uterine cavity for several more days, finally adhering to the uterine wall about the 8th day after fertilization. By the 12th the egg is firmly implanted. And by the end of the second week the uterine wall has completely surrounded the newly developing organism.

This is the basic arithmetic on sperm and ovum life spans, and how the implantation happens many days later after fertilization. And how morning-after contraception works in the schemata of the germinal stage and implantation.

check out his website stuartxchange.com where he has a page on emergency post-coital contraception.   between fertilization of the egg and its implantation in the uterus, there’s a 7-day window during which contraceptive pills taken in certain doses effectively prevents implantation, which is how the morning-after pill (banned here) works.

the question is, when a woman resorts to emergency contraception, is that abortion?   i don’t think so.   while it is true that a fertilized egg has life, still it’s NOT A VIABLE LIFE, not until implantation.

DOC BUTCH :  Yes, non-viable until implantation.  Alive, yes, as in in-vitro fertilization, alive in the laboratory milieu, but still needing the uterine implantation to enter a sustaining nutritional environment.

which brings me back to fr. bernas’s questions: when does abortion take place?   answer: certainly not when a woman resorts to emergency contraception “the morning after” sex, because a fertilized egg (if at all there is one) is not yet a viable life-form.   and no, BIRTH CONTROL PILLS ARE NOT ABORTIFACIENTS:  once a fertilized egg has implanted onto the uterine wall, no amount of these pills can dislodge or remove it from the uterine wall.   (only real abortifacients can dislodge, abort, a zygote, but that’s for another blog.)

of course pro-lifers would disagree with me till kingdom come.   but try googling it and you will find that there are as many arguments for fertilization, as there are for implantation, as the beginning of human life.   so fr. bernas asks: who is to settle the debate re the alleged “abortifacient effect of some birth control means” — congress? the courts? science? the church? the ralliers?   answer: NONE OF THE ABOVE.   i say THE WOMAN DECIDES, not the priests or the opus deists.

DOC BUTCH : From opposing ends, it will never be answered or agreed upon. Yes, in the end, it should be the woman’s right, sole and inalienable, unburdened by archaic church edicts and impotent male political will. Too, a daunting responsibility for “educators” with the burdensome task of educating the womenfolk. And how to make the information available and comprehensible to the masa, who still resort to coat-hangers, grapevine pharmaceuticals, and dangerous herbal concoctions.

indeed.   widespread underground procedures kill about 1,000 women each year in this predominantly roman catholic country.

An estimated 560,000 women in the Philippines in 2008 sought abortion involving crude and painful methods such as intense abdominal massages by traditional midwives or inserting catheters into the uterus, said a report by the New York-based Center for Reproductive Rights.

which brings me back to the media, which have the power and the means not only to shape the debate but to make available the information and educate the womenfolk, thereby “to change the status quo of high rates of infant mortality, maternal deaths, and abortions. It is a moral imperative that such dehumanizing conditions should not be allowed to continue.”

DOC BUTCH :    Media seems to kowtow to the powers that be.  It seems like institutional fear.  No cojones to challenge the church on such matters.  Or perhaps everyone of note in media went to the same church-sponsored Sex Education 101.  Masyadong malakas ang simbahan.

but is it just fear of excommunication and hellfire,  or is it also a lack of critical thinking,  and not caring enough about the issues that matter?   media is plural for mediocre?   yes, all of the above.

no laws broken, no heads rolling

heard national anti-poverty commission chief joel rocamora in a bbc interview saying that no laws were broken by top officials in the august 23 bus hostages bloodbath.

eight hong kong chinese died needlessly violently in the hands of a mentally unstable discharged policeman yet no laws were broken?

nato reyes points out that in the end what (not who) gets blamed is the government’s crisis manual:

Malacanang has kept accountability for the August 23 incident at the lower levels of government. It has invoked the vague provisions of a government crisis manual as a convenient excuse for the shortcomings and incompetence of the national leadership. The section of the IIRC report on National or Local Crisis says:

It appeared that at no point was the elevation to the status as a national crisis considered even while practically all the hostages were foreign nationals and even while representatives from foreign embassies or consular offices were already involved.

The Implementing Rules and Regulations (IRR) on Crisis Situations does not have clear parameters on when, or under what circumstances, should a crisis be elevated to national status.

Aquino’s repeated reference to the vague provisions of the government manual has served as a firewall for the national leadership. Malacanang insists that since there are no guidelines which will allow them to assume command of a particular crisis, they cannot be blamed for anything. It’s like saying that it is the manual’s fault, not theirs.

as for command responsibility, here’s what malacanang’s review of the iirc report says under III. Applicable laws, rules and regulations, and jurisprudence:

2. A person may be held criminally liable only for his own actions or omissions. However, he may be held administratively or civilly liable for the consequences of the actions or omission of his subordinates or wards when the principle of command responsibility and the rules/laws on subsidiary, solidary and vicarious liability under the Revised Penal Code and the Civil Code are applicable.

3. In Rubrico v. Arroyo (G.R. No. 183871, February 18, 2010), the Supreme Court defines Command Responsibility as “the responsibility of commanders for crimes committed by subordinate members of the armed forces or other person subject to their control in international wars or domestic conflict.” While there are several bills on command responsibility, there is still no law that provides for criminal liability under that doctrine.

there we go.   no law that provides for criminal liability for command irresponsibility.

so the president is not liable (even if he took responsibility for the fiasco some 10 days later) , nor usec puno, nor then pnp chief versoza.   if we took them to court, their lawyers would get them off easily.   waste of time and money, ika nga ni presidente.

yesterday the president also again explained why neither he nor his bff dilg usec puno showed up and took charge: the hostage-taker might have escalated his demands if faced with such high officials.   i wonder where they got that notion.    has it ever happened before?   meron bang precedent to justify such a fear?   i wonder who he was listening to, who was advising, what was influencing, him that long long afternoon and evening.   i wonder what they were all up to after the oathtaking of, among others, gina lopez and conrado de quiros’ brother…   to surface only deep in the night when the shooting was over.

also i don’t understand why tulfo and rogas got off scot-free, even if vergel santos of the center for media freedom and responsibility is actually happy about it.   i heard an unapologetic maderazo saying again that if they hadn’t done what they did, then we the public would not have known what was going on.   heh.   if they hadn’t done what they did, then mendoza wouldn’t have snapped they way he did and possibly nothing so bloody terrible would have gone down.

at the very least i hoped to see four heads rolling: puno’s, because he was incompetent and unqualified, versoza’s because he didn’t care enough to stay around and stay on top of things, and rogas’s and tulfo’s for agitating mendoza and driving him off the edge.   unfortunately the president loves puno and versoza, and coddles media, to a fault.

update:

From Day 1, P-Noy wanted
to save Lim, Puno, Verzosa
by Malou Mangahas