A vague, badly written anti-terror bill

VICENTE V. MENDOZA
Retired associate justice of the Supreme Court

The proposed Anti-Terrorism Act of 2020 is hard to understand. Yet a criminal statute must be clearly and precisely drawn so that it can give adequate guidance to those concerned.

Section 4 of the law provides that any person, who

(a) Engages in acts intended to cause death or serious bodily injury to any person, or endangers a person’s life;

(b) Engages in acts intended to cause extensive damage or destruction to a government or public facility, public or private property; (c) Engages in acts intended to cause extensive interference with, damage or destruction to critical infrastructure;

(d) Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or of biological, nuclear, radiological or chemical weapons; and

(e) Release of dangerous substances, or causing fire, floods or explosions when the purpose of such act, by its nature and context, is to intimidate the general public or a segment thereof, create an atmosphere or spread a message of fear, to provoke or influence by intimidation the government or any international organization, or seriously destabilize or destroy the fundamental political, economic, or social structure of the country, or create a public emergency or seriously undermine public safety, shall be guilty of committing terrorism and shall suffer the penalty of life imprisonment without the benefit of parole and the benefits of Republic Act No. 10592.

It is not clear whether the phrase “when the purpose of such act, by its nature and context, is to intimidate the general public or a segment thereof, create an atmosphere or spread a message of fear, to provoke or influence by intimidation the government or any international organization, or seriously destabilize or destroy the fundamental political, economic, or social structure of the country, or create a public emergency or seriously undermine public safety,” qualifies the acts separately described in (a), (b), (c), (d), and (e), or only paragraph (e), which refers to the “release of dangerous substances, or causing fire, floods, or explosions,” to which the phrase is attached. [emphasis mine]

Understood as qualifying only paragraph (e), paragraph (a) could apply to soldiers shooting at rebels or to civilians working in gun factories, while paragraph (d), referring, among other things to the possession of explosives, could apply to party celebrators lighting firecrackers. Section 4 is the heart of the proposed law. It must state what terrorism is and who are guilty of it in clear and precise terms.

And what is meant by “serious bodily injury,” “extensive damage or destruction,” “extensive interference,” “seriously undermine public safety,” and “seriously destabilize or destroy the fundamental political, economic, or social structure”?

Confounding the ambiguity and overbreadth of Section 4 are provisions on extraordinary rendition, the dreaded practice of transferring a suspected terrorist or supporter to a foreign country for detention and interrogation on behalf of the transferring country. While Section 3 (c) states that extraordinary rendition may be done “without framing formal charges, trial or approval of the court,” implying thereby that it is allowed, Section 48 prohibits it—without, however, providing penalty for the violation of the prohibition.

What should the conscientious citizen make of these provisions, one of which says no formal charge, trial, or even court approval is necessary to carry out extraordinary renditions, but another says extraordinary rendition is prohibited?

The fact is that Section 4 badly needs a rewriting. A statute whose terms are so vague that persons of common understanding must necessarily guess at its meaning or differ as to its application offends due process. And a statute that sweeps unnecessarily broadly both prohibited and protected conduct is overbroad and likewise offends due process.

Panatang Makabayan

ni Lualhati Bautista

Iniibig ko ang Pilipinas
Ito ang aking bayang sinilangan
Iginagalang ko ang aking ina
Na lagi mong pinuputang ina, gunggong ka!

Kinupkop ng bayang ito ang aking ama at pinalaking
matalino at malakas
Hindi kagaya mo na puro yung ari niya
ang ipinangangahas

Bilang ganti
susundin ko ang payo ng aking kunsensiya
At sinasabi nito na sa lahat ng panahon
Dapat akong gising at nagpapasiya
Nagtatrabaho at hindi natutulog maghapon

Susundin ko ang mga tuntunin ng
pagkamakatao
Na hindi limitado sa mga kaalyado
Kundi sinasakop ang lahat ng mamamayan
ng bayan ko

Tutuparin ko ang mga tungkulin ng
isang nagmamahal sa kapayapaan
At hindi nag-eengganyo sa mga kaibigan
Na barilin sa ari ang mga kalaban

Paglilingkuran ko at hinding-hindi ibabaon
sa utang
ang aking bayan
Lalong hindi ibebenta sa mga dayuhan
Ang dagat, lupa at kalayaan

Mananatili akong may dignidad at moralidad
Na tangi kong ambag sa bayan ko
Ako’y magiging tunay na Pilipino
At tutulong para ang mga saling-lahi
ay hinding-hindi tutulad sa ‘yo.

peque gallaga (1943-2020)

’twas butch perez who warned me that peque was going, and soon gone.  and for a while i couldn’t get enough of the facebook posts and photos of the time when our paths first crossed, around 1980.  i had just started writing for print, mostly tv reviews, and reading birthcharts on the side.  he was back in manila after a spell in bacolod, and he heard about me from mitch valdes whom i had just given a reading.  he wanted one, too, re his production team-up with bacolod boys ronnie lazaro and kokoy jimenez — would it work?

i don’t remember how that went exactly, except that i got to meet ronnie and kokoy :)) but peque knew his astrology and i have no doubt that he knew there would be bumps in the road.  he also knew to ask for yearly readings for himself, updates based on his natal moon’s progression.  one day, out of the blue, he offered me a tarot reading, and he was crazy good at it, prognosticated that i would continue to write.  before then, he said, he had thought that i was meant to play priestess, reading horoscopes and talking sun and moon and stars, but no.  my cards, mostly major arcanas, were crystal clear, the task the mission was is to write.

in the beginning he was very self-conscious about how it must look: this tall strapping pa-showbiz tisoy blowing back into manila with bacolod boys in tow. he called me out once, in front of mario taguiwalo yet, about what he thought was derogatory talk re his “cult” following, or so uro [de la cruz] reported, lol.  i said i never used the word “cult”, though i did use the word “alalay”, no offense meant.  i thought it was a great way of introducing the guys to manila in the time of marcos-imelda-ver.  the alalayan went both ways, never mind how it looked.  a week or so later he phoned to say sorry, uro had misunderstood.  i think i teased uro about it when i saw him next, haha.

it was also back then, in the very early ’80s, when he said no to the film project  Ang Babaeng Hulk (inspired by the comicbook Incredible Hulk superhero) that nonoy marcelo was writing with mitch in mind.  the episode is part pala of peque’s narrative of those days.  check out jessica zafra’s tribute on her blog and click on the second part of a 2003 interview for Flip magazine.

PEQUE. I remember really violent discussions with Butch [Perez], Jorge Arago, Nonoy Marcelo and Pepito Bosch about filming Ang Babaeng Hulk with Mitch Valdes, whch was about Phlippine pop art and the splintering caused by western influences. The ideas were tremendous and over the top but I was sure that no production outfit would pick it up. Everybody felt betrayed by me, because I didn’t want to waste time developing an idea that just wouldn’t reach first base from the very start. Not at the time. From what I know now, thirty years later, about Philippine show business, I was right. You wouldn’t be able to do what we wanted to do in Ang Babaeng Hulk even now as an industry picture.

mitch and i were at that meeting too, if memory serves — i was going to be “script girl” kung natuloy.  it was indeed a stormy affair, passions ran high, with peque outnumbered but not outgunned.  i’m not sure now why, but the project hinged on him saying yes, but to what, to directing it? designing it? or mitch doing it?  i thought he said no because he didn’t think it was the right vehicle for mitch.  not that he was managing mitch’s career then — that was only in the late sixties til he split for bacolod sometime in the late seventies.  and then, again, maybe the project needed both mitch AND peque?  some time after, over beer, peque said that he was thoroughly outclassed, and quite impressed, by jorge’s grasp of, and take on, pinoy comics, superheroes, and pop culture.  jorge had obviously prepared for the meeting, i said, a measure na rin of regard for him.  consuelo de bobo, he muttered, sabay cheers.

it was peque who got me started writing for television.  in ’81 when mario, june keithley’s scriptwriter for her tv talkshow, was off to greener pastures, peque the director suggested me as replacement, and that was fun, even if he got too busy towards the end, and vivian recio and i scrambled to “direct” and edit a show of ketly on location in mt. banahaw.  in ’82 when he was casting for Oro, Plata, Mata he asked me to play the housemaid in a bed scene with the unico hijo.  of course i said no thanks, i wasn’t THAT liberated, haha.  in ’83 he was thrilled for me when i was asked to headwrite the scripts for the pinoy Sesame Street, an imelda project, where i got to work with kokoy and roy lachica, among others of the bacolod tribe.  seven months later when i quit after ninoy’s assassination but not before putting together a guidebook for the writers, nakarating sa kanya ang balita, and he phoned just to say he loved my taray, way to go.

he astounded with Oro, scandalized with Scorpio Nights, scared the wits off me with Tiyanak. but i dared criticize a certain sequence and he got super upset, and rightly so, now that i look back.  we lost touch after that, and it was some 23 films, over some 20 years, later that katrina wrote a rave review of Agaton and Mindy (2009) that he emailed to everyone on his mailing list, and we had a reunion of sorts.

Hi guys, please check out this review of Agaton & Mindy. it’s probably one of the best reviews I’ve ever received. Not because she liked it (she obviously did) but she actually was reading my mind. Just click on the link.
http://radikalchick.com/agaton-and-mindy-love-in-the-time-of-indie/  

i wasn’t surprised; it felt like katrina and he were meant to get together at that point in time.  “i’m not surprised either,” he said, “we’ve always had an affinity for each other… and that includes Cholo” whom he had known since uncola times, and joel who at 10 played one of the kids in a chistmas drama he directed for tv, and who he later said should audition for a chuck norris film that was looking to cast a streetsmart pinoy kid (but it would have meant taking the kid out of school, and that’s another story, haha).

in 2012 i had sent him a copy of Revolutionary Routes (2011), a four-generation family memoir, and he phoned soon after reading it.  “parang thornton wilder novel!” sabi niya, awed at the lousy deal my lolos and lolas kept getting from colonialists all through spanish to american to japanese to neocolonial times.  later that year, we actually got to hug and virgo-talk again at a soiree hosted by laida lim, where i also got to meet wanggo.

the following year i sent him a pdf of my third EDSA book after taking in madie’s diary of their Radyo Bandido days that she had emailed me soon after peque read Himagsikan sa EDSA–Walang Himala! (2000) and noted how little it had on what went on (behind the ketly scenes) with the gang that lyca benitez-brown and he had secretly recruited to run the bandit radio station.  natuwa naman sila, as in, “it rocks!”  so i dared ask peque for the blurb that now graces the backcover of EDSA Uno (2013) along with randy david’s and rene saguisag’s.

“An exciting, comprehensive and totally cinematic way of narrating the EDSA experience with the use of different Point-Of-Views both personal and geographical, camera angles, cut-to-cuts, and the presentation of a palpable mise en scene. Both history and literature are well served.”

thanks again, peque, el pogi, nelson bakunawa!  i’d love to write you a book, or a blurb, on your body of work, if only to say that both pinoy cinema and pop culture, from negros to manila, were exceedingly well served!

The most meaningful Earth Day ever

Tony La Viña

… The cry of the earth and the cry of the poor are resounding in this time of the pandemic. This is why Earth Day this year is the most meaningful ever. Everything we have said could go wrong because of environmental irresponsibility has gone wrong at great economic and human cost. Moving forward, we must abandon outdated notions of cost-benefit analysis and trade-off between economic and environmental interests when what is at stake is human well-being and public health. When an activity or industry can cause a pandemic or global climate change, there is no economic or other justification that can be invoked that allows for that activity. I hope government and business will internalize this now. In my case, never again will I accept any action, law, or agreement that compromises the health of our planet and sacrifices the poor.

In making this commitment, I am aware that I am part of a community of practice bonded together  by love of people and planet. In writing this column, I honor three pillars of that community – Pat Dugan, Jun Factoran, and Sonny Alvarez. All three were great human beings; I owe a lot to them as veterans who walked earlier than me in this fight for Mother Earth. I will write in the near future a longer obituary honoring these pioneers.

In this column, I once quoted Rainier Maria Rilke, the great German poet, who has said it very well: “Everything is far and long gone by. I think that the star glittering above me has been dead for a million years. I would like to step out of my heart and go walking beneath the enormous sky. I would like to pray. And surely of all the stars that perished long ago, one still exists. I think that I know which one it is.”

I quoted these words of Rilke in a column ten years ago. It is my hope, that because we cared and took action, and especially after this devastating pandemic, that centuries from now, our descendants too would come out and walk beneath the sky and say:  Our planet still exists.