Saturday, December 25, 2010

White Paper on the Oligarchy; Implications on Constitutional Reform

ELITE TRIAD BLOCKING REFORM

Introduction

At the turn of the twentieth century, our country gleamed of promise. Having established the first albeit short-lived republic in Asia, the country attained unprecedented human development during the years leading to the Commonwealth era.

Now at the turn of the twenty-first century, the promise remains unfulfilled. There are even those who warn us that we are regressing to a failed state.

Having survived a world war, faced off unending communist and separatist rebellions, embraced democracy, experienced dictatorship, and born of two people's power revolutions, we would have learned the lessons necessary to succeed as a nation. Sadly, we have not. By imagining what we could have become, and looking at what we are now, we have indeed failed to fulfill the promise.

How and why did we fail as a nation? What are the causes of our failure?

Some say the causes are cultural. Others say the causes are structural. In a sense, they are both correct. These causes are interdependent, rather than independent. Everything is integrated, and nothing isolated.i To see one but not the other is like a man with one leg. He can stand and hop, but he cannot walk nor run.

Due to various limitations however, I will write about the structural causes only. Let others more knowledgeable on these matters write about the cultural causes, as well as the interplay between them.

Status Quo Ante

When our forefathers established Asia's first republic, they adopted the unicameral parliamentary system.ii They chose this model free from any pressure from the first colonizer Spain.

When their successors established the Philippine Commonwealth, they adopted the bicameral presidential system.iii They evidently chose this model under the guidance of the second colonizer the US.

Ostensibly, the Philippine bicameral presidential system copied the American model, laden with repetitive check and balance provisions. On closer scrutiny however, it was worse.

Firstly, the president was elected directly at large (PH), and not indirectly by an electoral college of local representatives (US). Secondly, the senators were elected in similar manner (PH), and not from the localities (US). Thirdly, the commonwealth constitution imposed nationality requirements on strategic economic activities (PH), while the mother constitution carried no economic restrictions whatsoever (US).

The presidential and senatorial elections were skewed in favor of the elite few. They were obviously the only citizens anywhere capable of conducting or financing nationwide electoral campaigns.

The economic restrictions appeared ironic. I thought the great strides in human development then were due largely to massive foreign (American) investments in infrastructure and education.

Notably, during the past 75 years, national elections at large had been dominated by rich and famous candidates. Rich candidates are those who could afford to spend millions (now billions) to make themselves known to the voters. Famous candidates are the entertainment, sports and media celebrities who are already known to the voters. Thus, election to public office was based on pure popularity without regard to actual performance.

In this milieu, the oligarchy - comprised of a few closely knit and immensely affluent families - managed to exert strong influence over our national politics and economy.

During the last 25 years, an Elite Triad has emerged to preserve and protect the status quo of unjust social structures. In their present form, they have evolved to become the new enemies of genuine reform.

Elite Triad

What and who is the Elite Triad?

The Elite Triad is a union of local and foreign vested interests. It is comprised of the Kamag-anak, Inc. (KG), the Kapamilya, Inc. (KP) and The Company, Inc. (CI).

KG and KP are large enterprises with holdings in mass media, public utilities and agriculture. As their names imply, they are family based.

The CI is a foreign government institution with a global network. Created for licit intelligence gathering, it is widely known to engage in illicit foreign intervention.iv

The Elite Triad successfully blocked constitutional reform during the FVR, Erap and GMA administrations. The strategy was simple and effective. On one hand, they demonized the main proponents by portraying the move as a power grab or a sell-out. On the other hand, they pacified the advocates with false sympathy by pretending that their opposition was only about timing.

In hindsight, the Elite Triad opposed all constitutional reform, whether limited to certain sections (i.e. term limits under FVR) or articles (i.e. economic provisions under Erap; sub-state for Muslims under GMAv), or encompassing the entire constitution (i.e. Con-Comm under GMA). The mode was not important, whether by people's initiative (under FVRvi and GMAvii), constituent assembly (under Erap and GMA), or constitutional convention (under GMA). What was important was to ensure that no proposed amendment whatsoever was put to a vote by the people.

The Elite Triad also played a key role in the election of Noynoy as president,viii courtesy of Smartmatic's PCOS technology. Why did it support Noynoy? It's obviously because Noynoy, being a clone of his mother Cory, has always opposed constitutional reform in whatever form.

What is the agenda of the Elite Triad?

It is both economic and political, local and regional.

Elite Triad's Economic agenda

Local agenda

The economic agenda of KG and KP is to ensure that local consumers remain the captive market of local monopolists. This is done by protecting Filipino business interests against potential foreign competitors in strategic industries. The protectionist measures ordinarily come in the form of constitutional or statutory prohibitions against the entry of competing foreign investors. For example, the 1987 Constitution requires a minimum 60% Filipino equity requirement for public utilitiesix and agricultural land,x and a full 100% Filipino equity for mass media.xi

With these protectionist clauses in mind, did you ever ask yourself how many among the 90 million Filipinos are financially capable of owning 60% of a public utility (like Meralco, PLDT and Globe), or 100% of a television and radio network or broadsheet (like ABS-CBN, DZMM, PDI and Philstar)?

Incidentally, the 1987 Constitution also requires a minimum 70% Filipino equity for advertising companies.xii I could not understand then why the so-called Cory-Bernas Constitution would digress from previous constitutions and henceforth treat advertising as a strategic industry. I always thought advertising was mainly for commercial and non-political purposes. It would be totally different however if what the framers had in mind was advertising for political and non-commercial purposes. Ad agencies here can work to mold public opinion for or against elective candidates, destabilize government administrations, influence government policies and muddle national issues.

In passing, they probably forgot to impose Filipino equity requirements on survey firms (like SWS and Pulse Asia). As we now know, survey firms are also powerful tools in molding public opinion, when used in conjunction with mass media, under the over-all direction of an ad agency.

In both state and private universities, professors (who do not know any better) implant in the minds of their students the concept that Filipino business interest is synonymous with national interest. This is of course foolish.

In reality the opposite is true. By preventing the entry of foreign investors into the local economy, you actually prevent the creation of jobs, as well as the supply of competing goods. These protectionist measures ironically deprive Filipino workers and consumers, of alternative job opportunities and of lower priced or better quality goods.

In post-graduate schools on business administration, students are taught that there is a divergence between the economic interests of the enterprise owners vis-a-vis the enterprise managers.xiii By analogy, there is a similar divergence between the economic interests of the enterprise owners and the enterprise workers.xiv By further correlation, there is obviously a great divergence between the economic interests of the enterprise owners and the buyers of their goods and services.

The conclusion is inescapable – Filipino business interest is NOT synonymous with Filipino national interest.

Is it not better for a Filipino bread winner to simply work for a foreign company in the country, than to work overseas also under a foreign employer but in a foreign land and under a foreign government? This way the bread winner does not have to leave his or her family for long periods of time.

Does not the principle of social justice say that those who have less in life should have more in law?xv Why does constitution give more protection to the Filipino businessmen, at the expense of the Filipino workers and consumers who have less in life? In many cases (such as public utilities, mass media, plantation farms and universities), the protected class are billionaire businessmen.

Another perplexing rule is the restriction of foreign investments in education.xvi Is state regulation of educational institutions not sufficient to safeguard the national interest?xvii Are not all educational institutions required to adopt the standard government approved curriculum anyway regardless of ownership? Why prevent foreign investors from investing in new classrooms and introducing modern teaching methods? Do not Filipinos themselves seek higher education abroad to improve their educational attainment? Why not invite these foreign schools instead to teach students here in the country? I thought that the perennial shortage of classrooms was conclusive proof that we have an extreme shortage of investments in the education sector.

Still another mind boggling rule is the bar against foreign investors from exploiting oil and other natural resources in the Philippines, unless they first enter into a joint venture with Filipino businessmen.xviii Does not the state own all natural resources under the doctrine of jura regalia?xix Does the state really need the inter-mediation of a Filipino businessman, who is practically just a middleman, before it can enter into a contract with a foreign company? Cannot the state just dispense with the Filipino middleman, who in most if not all cases anyway has neither the technology nor capital to undertake this type of activity?

Foreign agenda

The economic agenda of the CI is more nebulous. Some say it simply wants to defer the commercial exploitation of natural resources throughout the archipelago until 2020, because that is when their current production will start to fall.

How I wish I could validate this disturbing theory, but unfortunately I could not.

I recall however the media instigated controversy about a projected oil venture in the Spratleys involving the Philippines, Vietnam and China. The venture provoked loud expressions of displeasure by the US, and awakened its sleeper agents both inside and outside of the Philippine government.xx

I also recall that the US reaction perplexed the chief executive of PNOC-EDC. I believe he said that they offered the project first to the US. However, they were not interested. Curiously, when he turned to the Chinese and Vietnamese, the US protested.

Do we really have to wait for the US until 2020 before we can start to explore and exploit our oil resources in the Spratleys?

Elite Triad's Political agenda

The political agenda of the Elite Triad is two-fold. The first is to ensure control or strong influence over the selection process for key national government officials. The second is to keep government weak and incapable of introducing changes to the status quo of unjust social structures.

Control or strong influence in the selection of key national government officials is done through the adoption and continuance of nationwide elections at large as the preferred mode of selecting the president and the senators.xxi These officials represent control of the entire executive branch and half of the legislative branch.

The chosen electoral process is combined with ownership and control of national mass media.xxii Recently, the control of mass media has been complemented by ownership, control or influence over the leading survey firms.

All these factors together complete the apparatus of control over the national agenda. The Elite Triad decides what issues are discussed and what are not. Of course, the Elite Triad also decides who is good and who is evil.

Keeping government weak and incapable of challenging the present social order is done in two measures. The first is to separate the executive branch from the legislative branch.xxiii This measure makes for institutional gridlocks between the separated political branches and turns them against each other. The second is to divide the legislative branch into two separate chambers.xxiv This measure also makes for institutional gridlocks between the separated chambers and likewise turns them against each other.

In contrast, under a unicameral parliamentary system, the executive and legislative branches are combined under the parliament, and the parliament in turn is comprised of only one chamber.xxv This is definitely a much stronger government system, capable of putting in check the all powerful Elite Triad itself.

Only a monarchy or a military dictatorship would be stronger than a unicameral parliament. Neither system however is acceptable to the people today.

Perpetuation of Status Quo

To ensure the perpetuation of the unjust social structures, the highest law of the land adopted the most restrictive sovereignty provisions for amending the constitution.

Thus, the 1987 Constitution requires the affirmative vote of three-fourths of all its members to directly propose amendments,xxvi two-thirds of all the members of Congress to call a constitution convention,xxvii and the petition of at least twelve percent (12%) of the total number of registered voters, of which every legislative district must be represented by at least three percent (3%) of the registered voters therein, to likewise directly propose amendments through initiative.xxviii

Considering the prevailing government structures where the political branches are separatedxxix and bifurcatedxxx thereby turning them against each other, the manner of selecting the president and the senators skewed in favor of the elite few, taken in relation to the country's fairly large voter base of more than 50 millionxxxi out of a citizen population of more than 90 million,xxxii the mere act of proposing amendments to the constitution has become virtually impossible.

This is apparently the best way to undermine the people's sovereignty and subvert democracy.xxxiii You prevent the conduct of any plebiscite on proposed changes to the constitution, by simply preventing anyone from proposing changes. We can debate all we want provided we cannot vote on it. That is democracy as far as the Elite Triad is concerned.

By comparison, the mother constitution of the US requires only a two-thirds vote by both Houses to directly propose amendments.xxxiv

IEC social tool

For this writing, we may define the concept of Information, Education and Communications (IEC) as a process of engaging people, using various modes of communication, to disseminate information and impart knowledge, for the purpose of changing their behavior.

As a social tool, IEC may be used to promote the general welfare of the people (i.e. health, poverty alleviation, environmental protection, etc.). At the other end however, it may also be used to manipulate the minds of the people, subvert their democracy and violate their sovereignty.

Where the IEC is used in a negative way, the preferred method of manipulation is to “poison the channels of public information.”xxxv

In pursuit of a specific regime change objective, IEC may be directed to vilify the incumbent administration, erode the people's trust and confidence in government, and mobilize support for its ouster and replacement by a friendly regime.

The vilification generally consists of charges of corruption and human rights violations. The evidence or truthfulness of the charges are immaterial. The only thing material is that the charges stick in the minds of the people.

During the recent regime change operation of the Elite Triad against the GMA administration, the IEC focused on questioning the legitimacy of her government by alleging massive cheating during the 2004 elections.xxxvi Foreign intervention became so blatant in that US Embassy Chargé d’Affaires Joseph Mussomeli openly praised to high heavens the mutinous Hyatt 10 while being interviewed by ANC 21 of ABS-CBN at the height of the crisis.xxxvii This is what we now know as the Garci tape scandal.xxxviii

Looking back, this IEC operation largely succeeded in vilifying GMA before the local and overseas populace, eroding the people's support for her government. However, it failed to produce the desired regime change to oust her from office.

A source from media opined that this IEC campaign against GMA cost the Elite Triad at least 10 billion pesos during the period of 2005-2010. I thought the actual figure was much higher. The estimate given sounds more like the high end cost of a presidential campaign. The IEC for regime change extended for a period much longer than the usual presidential campaign.

I presume the Elite Triad also poured funds and resources to instigate and finance the various coup attempts against GMA, none of which however came close to the intensity of the December 1989 coup against Cory Aquino.

IEC for constitutional reform

In a positive way, the IEC may also be used to pursue constitutional reform.

Based however on the frustrating experience of the advocates during the last 25 years, it is clear that the IEC cannot be limited to the mere communication of the merits of constitutional reform.

Why?

It is because the Elite Triad does not play fair. It plays dirty.

Apart from the basic IEC focusing on the merits of shifting to a unicameral parliamentary system and lifting restrictions on foreign investments in strategic industries, the advocates will also need to counter the dirty tricks of the Elite Triad.

As a citizen advocate for reform, I am not saying that we need to activate our own dirty tricks department. What I am saying is that we also need to exert a major major effort to counter the lies of the Elite Triad with the truth, the whole truth and nothing but the truth.

With this in mind, I offer another meaning for IEC:

Iidentify the key players and affiliated groups of the Elite Triad, particularly those in media and the academe, so the people may recognize the false prophets in their midst.

Eexpose the vested interests and anomalous transactions of the Elite Triad, particularly the affiliate transactions of plunder proportions during the first Aquino administration,xxxix so the people may be cautious of the wolves in sheep's clothing.

Ccall on the people to unite and reject the lies and pretenses of the Elite Triad, because no one else will protect the people's interests except the people themselves.

I am not saying that we do an Osama Bin Laden. What I am saying is that we do a Mahatma Gandhi. We must take peaceful, non-violent and concerted action to resist and reject the Elite Triad.

The ultimate objective will be to degrade the capability of the Elite Triad to dominate our politics and economy. At that point, they may continue to engage our people and the state, but no longer from a dominant position of control and influence.

Mabuhay,
Dodong aka Ka Kiko
30 November 2010

i See Orion Perez Dumdum, Philippine Progress: Shift in Sports, Shift in System, 07 July 2010, http://antipinoy.com/philippineprogress.

ii Demosthenes B. Donato, Proposed Amendments to the 1987 Constitution and the Malolos Constitution of 1899, http://www.deszr.com/download/ideszr.proposed_amendments_to_the_1987_constitution_and_the_malolos_constitution_of_1899.pdf.

iii 1935 Constitution of the Republic of the Philippines, Articles VI-VIII.

iv Carmen N. Pedrosa, The story within the story, Philippine Star, 07 September 2008, http://dodongakakakiko.blogspot.com/2009/07/story-within-story.html.

v Demosthenes B. Donato, Comments on the GRP-MILF Peace Process, Rev. 11 March 2010, http://www.deszr.com/download/ideszr.comments_on_the_grp-milf_peace_process.01_december_2008.rev11_march_2010.pdf.

vi Santiago v. Comelec, G.R. No. 127325, 19 March 1997, http://sc.judiciary.gov.ph/jurisprudence/1997/mar1997/127325.htm.

vii Lambino v. Comelec, G.R. Nos. 174153 and 174299, Decision, 25 October 2006, available at http://www.deszr.com/download/ideszr.lambino_v_comelec.decision.25_october_2006.pdf. Lambino v. Comelec, G.R. Nos. 174153 and 174299, Resolution, 21 November 2006, available at http://www.deszr.com/download/ideszr.lambino_v_comelec.resolution.21_november_2006.pdf. Lambino v. Comelec, G.R. Nos. 174153 and 174299, Resolution, 16 January 2007, available at http://www.deszr.com/download/ideszr.lambino_v_comelec.resolution.16_january_2007.pdf. Lambino v. Comelec, G.R. Nos. 174153 and 174299, Letter, 05 February 2007, available at http://www.deszr.com/download/ideszr.lambino_v_comelec.letter.05_february_2007.pdf.

viii Carmen N. Pedrosa, Pieces of a Puzzle, Philippine Star, 12 September 2009, http://dodongakakakiko.blogspot.com/2009/09/yellow-revolution-in-2010.html.

ix 1987 Constitution, Article XII National Economy and Patrimony, Sec. 11.

x See 1987 Constitution, Article XII National Economy and Patrimony, Secs. 2, 3, and 7.

xi 1987 Constitution, Article XVI General Provisions, Sec. 11(1).

xii 1987 Constitution, Article XVI General Provisions, Sec. 11(2).

xiii Meckling, William H. and Jensen, Michael C., Theory of the Firm: Managerial Behavior, Agency Costs and Ownership Structure (July 1, 1976).

xiv Demosthenes B. Donato, Draft Bill – Profit Sharing and Stock Options, Rev. 2008, http://www.deszr.com/download/ideszr.draft_bill.profit_sharing_&_stock_options.2001.pdf. Explanatory Note – Profit Sharing and Stock Options, Rev. 2008, http://www.deszr.com/download/ideszr.draft_bill.profit_sharing_&_stock_options.2001.explanatory_note.pdf.

xv 1987 Constitution, Article II Declaration of Principles and State Policies, Sec. 10.

xvi 1987 Constitution, Article XIV, Education, Science and Technology, Arts, Culture, and Sports, Sec. 4(2).

xvii 1987 Constitution, Article XIV, Education, Science and Technology, Arts, Culture, and Sports, Sec. 4(1).

xviii 1987 Constitution, Article XII National Economy and Patrimony, Sec. 2.

xix 1987 Constitution, Article XII National Economy and Patrimony, Sec. 2.

xx Tarra Quismundo, US seeks peaceful, transparent resolution of Spratlys issue, Philippine Daily Inquirer, 03/09/2008, http://newsinfo.inquirer.net/breakingnews/nation/view/20080309-123734/US-seeks-peaceful-transparent-resolution-of-Spratlys-issue.

xxi Demosthenes B. Donato, Indirect Elections for President is the Better Method of Representative Democracy, 14 November 2010, http://www.deszr.com/download/ideszr.indirect_elections.14_november_2010.pdf.

xxii Carmen N. Pedrosa, The Kris and Noynoy Show on ABS-CBN, Philippine Star, 07 November 2009, http://www.philstar.com/Article.aspx?articleId=521031.

xxiii Demosthenes B. Donato, American Presidentialism not Applicable to the Philippines, 14 November 2010, http://www.deszr.com/download/ideszr.presidentialism.14_november_2010.pdf.

xxiv Demosthenes B. Donato, American Bicameralism not Applicable to the Philippines, 14 November 2010, http://www.deszr.com/download/ideszr.bicameralism.14_november_2010.pdf.

xxv Demosthenes B. Donato, Three (3) Basic Advantages of the Unicameral Parliamentary System, 14 November 2010, http://www.deszr.com/download/ideszr.unicameral_parliamentarism.14_november_2010.pdf.

xxvi 1987 Constitution, Article XVII, Sec. 1(1).

xxvii 1987 Constitution, Article XVII, Sec. 3.

xxviii 1987 Constitution, Article XVII, Sec. 2.

xxix Supra Donato, Presidentialism.

xxx Supra Donato, Bicameralism.

xxxi Voters of 2010 Philippines presidential elections exceed 50-million, Xinhua, Manila Bulletin, 09 January 2010, http://www.mb.com.ph/node/237631/voter.

xxxii Summary of Project Population, National Statistics Office, 2006, http://www.census.gov.ph/data/sectordata/popproj_tab1r.html.

xxxiii 1987 Constitution, Article II Declaration of Principles and State Policies, Sec. 1.

xxxiv Constitution of the United States of America, Article V.

xxxv Carmen Pedrosa, Fascism in the Streets, Philippine Star, 02 March 2008, http://dodongakakakiko.blogspot.com/2009/07/biggest-political-lie.html.

xxxvi Supra Pedrosa, The story.

xxxvii Transcript of Chargé d’Affaires Joseph Mussomeli’s interview on ANC 21’s “Dateline Philippines,” with Ricky Carandang, 08 July 2005. Previously available at the US Embassy – Manila website at http://manila.usembassy.gov/. Excerpt of ANC 21 interview: Ricky: Can you categorically tell us right now, sir, that the United States Government supports the administration of Gloria Macapagal-Arroyo? CDA: I could categorically tell you that we support the rule of law. Within that context, we believe that the President is still the President, obviously. That it is within her legal rights to remove her cabinet; her Cabinet is hers to do with as she pleases, but that doesn’t mean we’re not disappointed in that. It doesn’t mean that we’re not worried; this is something that distracts from the reforms that she was committed to and we hope is still committed to. You know, I know many of he Cabinet members who have resigned now, and the ones that I know are all very decent, and good people, patriots -- people who are concerned for the welfare of the Filipino people. So, it is a worrisome thing, but it is certainly within her rights. (emphasis supplied) Ricky: Do you agree with the characterization of some of the President’s allies that these cabinet members who spoke this morning are “adventurous?” CDA: No, I couldn’t agree with that. I know some of them very well, and the ones I know, frankly, have accepted these posts as an act of patriotism and are concerned for the welfare of the people. They could make a lot more money and have a lot more prestigious roles in the private sector, but they have chosen to be in the Cabinet... (emphasis supplied) Ricky: …that pertain to reports, widespread speculation that the United States may have had some involvement on this. If you recall when the tapes first came out, Secretary Bunye himself said that there were reports that the Americans had something to do with it, and of course you said that you had nothing do with it. CDA: Right, and that was actually proven true.

xxxviii Gonzalo M. Jurado, Ph.D, The Present as History: A Narration and Interpretation of Events, 31 December 2009, http://dodongakakakiko.blogspot.com/2010/01/hello-garci-and-aragoncillo-project_12.html.

xxxix Efren L. Danao, Government still owns Meralco, Manila Times, 14 May 2008. Stephanie Dychiu, Cory's land reform to test Noynoy's political will, GMA News, http://www.gmanews.tv/story/182195/corys-land-reform-legacy-to-test-noynoys-political-will. Emil Jurado, Distorting History, 23 February 2010, Manila Standard Today, http://www.manilastandardtoday.com/insideOpinion.htm?f=2010/february/23/emiljurado.isx&d=2010/february/23. Bobby M. Reyes, Not Getting Mad at, But Getting Even with Tita Cory, 07 September 2007, http://www.mabuhayradio.com/philippine-presidency/not-getting-mad-at-but-getting-even-with-tita-cory.


Thursday, July 8, 2010

Shift in Sports, Shift in System

Philippine Progress: Shift in Sports, Shift in System
Posted by Orion Perez Dumdum on 07 July 2010
http://antipinoy.com/philippineprogress/

At the time of this writing, millions of people around the world are obsessing about the 2010 FIFA World Cup in South Africa and the noise of the annoying Vuvuzela horn. From every continent, people speaking almost every language, coming from practically every race, creed, and color are excitedly watching the game called “Association Football.”  Unfortunately, there’s been relative calm in the Philippines, as hardly anyone, save for a few die-hard soccer fans, actually watched the World Cup closely.

Soccer, (coming from the word “association” in the sport’s full-name “Association Football”), called “Football” by everyone else, is also known as the world’s Beautiful Game. It is one of the most democratic sports ever – as Time Magazine recently described it. Anyone can play and excel in it: Rich or poor, light-skinned or dark-skinned, and most importantly, tall or short.  That last one is of utmost importance, considering that we Filipinos, most of whom are not very tall, are crazy about basketball – a sport that obviously favors tall players.

It has caused numerous ceasefires in many conflict zones as Israelis and Palestinians (Soccer is the biggest sport in the Middle East) or Rebel guerrillas and Government troops in continents like Africa or Latin America, often stop fighting just to watch the World Cup or other high-profile soccer matches on TV or listen to live commentaries on radio. During World War I, an informal Truce on Christmas Day in 1914 witnessed one of the most amazing displays of human fraternity as warring sides – British & French versus the Germans came together and played Soccer. After having played the game, made friends, and exchanged names & addresses, the soldiers simply could not shoot at each other once the truce ended, forcing their respective angry generals to send all of them to other fronts to fight against other enemies.

It’s a real shame because while Filipinos were glued to the NBA Finals at about the same time that the World Cup was just about starting, one unfortunate fact continues to be ignored by basketball-crazy Filipinos: We are never going to excel in sports that require height. Unlike most basketball-loving Filipinos, millions of average-height, barely middle-class, or even impoverished Africans and Latin Americans who play and practice soccer can actually dream of one day playing professionally for local or internationally-famous professional teams such as Manchester United (England), Juventus (Italy), Real Madrid (Spain), or Galatasaray (Turkey) – to name a few – and live a life of fame and fortune. These are dreams which are feasible as long as whoever plays and practices the sport has the competence, talent, and commitment, because the game-dynamics of soccer simply does not require height. It needs to be said that soccer legend Diego Maradona of Argentina became a soccer superstar with his very Filipino height of 5 ft 4.

In stark contrast to the meritocratic nature of soccer which does not care much about being born with the genes for height, the fixation that Filipinos have for basketball creates so many shattered dreams. Millions of young Filipinos are raised to love a sport that does not love them back. Many waste inordinate amounts of time practicing the game, wishing that they would be just like Kobe Bryant when they grow up, only to grow to their full height which might be just a few inches taller than Diego Maradona – a height that is just not cut for competitive basketball.

Filipinos even love to watch the NBA play-offs, but even if the Philippines is perhaps the most basketball-crazy country in the World (Americans are more obsessed with American Football and Baseball), countries with much more diversified sporting interests such as Mainland China and the former Yugoslav republics of Serbia, Croatia, etc, who all watch more soccer than they do basketball, have successfully sent players to the NBA. The Philippines has never sent a Filipino to the NBA!

Numerous honest discussions and debates have erupted about the need to shift the Philippines’ team sports focus from the excessively height-centric basketball towards the more height-agnostic soccer in order to focus on a sport in which every ordinary Filipino can excel. However, the rebuttals to the contrary range from such excuses as “The cultural temperament of Filipinos makes them prefer basketball because it has a faster-pace of point-scoring while soccer’s scores are low and goal-scoring is rare” to other excuses like “soccer requires a huge field in order to play while basketball needs a much smaller space.”

Both excuses fall flat considering that Filipinos are ethnically and even temperamentally similar to the Malays of Malaysia and Brunei (except in religion), both of whom enjoy and excel in soccer within the ASEAN region. It can be argued too that most Latin Americans, with whom Filipinos share common Spanish colonial history vis-à-vis Hispano-America and a very similar Iberian heritage with Portuguese-speaking Brazil, are somewhat culturally similar to Filipinos (especially in their sense of humor) and yet they too enjoy the sport immensely and are perhaps among the most excellent players of the Beautiful Game in the World. Most importantly, millions of impoverished Latin-Americans and Africans often practice playing soccer just about anywhere, be it on a small field, a dusty road, or even a small backyard. Some of the world’s highest-paid soccer stars come from such an impoverished background and they often cherish their childhood memories of growing up, playing soccer barefoot with plastic bottles or anything they can kick around as their ball, drawing lines on the ground to serve as their “goals.” It is just not true that Filipinos cannot shift to soccer.

The unfortunate fact is that Filipinos prefer to stick to whatever status quo they’ve grown used to. The real problem here is Inertia: the resistance to change.

Resistance to Change

Indeed, there is something really flawed about the situation, and Filipinos have to immediately correct it. Unfortunately, there seems to be something about us Filipinos that exacerbates our resistance to change: We have a tendency to refuse to admit that a problem exists, and often prefer to just ignore it and sweep the problem under the rug. In case that problem stares squarely at us, thereby making it impossible to ignore, quite often, we just outright refuse to do the work that would fix that problem and just endure the resulting mediocrity. Worse, many Filipinos prefer to make excuses that seek to justify such refusal to fix the problem, oftentimes reasoning – using intellectual dishonesty – that trying to fix the problem would actually make things worse.

We need not look far to see that this problem is not solely confined to the world of sports, in which increasing attention is being placed on the Soccer versus Basketball debate. Just recently, journalist and current Ambassador to Greece, Rigoberto Tiglao, recently wrote a two-part special on why Filipinos are not into Soccer.

In it, he likened the need for Filipinos to carefully consider shifting from basketball to soccer and the difficulty in convincing Filipinos to do so, with the fact that many Filipinos still stubbornly refuse to at least attempt to consider the objective merits of the Parliamentary System as a possible option to replace the current Philippine Presidential System. It has been observed that the Philippine Presidential System’s skew towards popularity and name-recall , coupled with the Philippine Electorate’s preference for form over substance that unfortunately brought about perhaps the most embarrassing stain on the Philippines’ international reputation in 1998, when celebrity actor Joseph “Erap” Estrada won as President of the Philippines. The Philippines had another close call in 2004 when his fellow celebrity actor and close friend, the late Fernando Poe, Jr. almost won. And just recently in May 2010, the convicted-of-plunder ex-President Estrada who was deposed in 2001 ran again and took second place.

In the meantime, numerous politicians aspiring for the Presidency jockey for positions in the equally useless and non-representative Philippine Senate (whose Senators do not represent constituencies unlike in the USA, where Senators are elected per State), and as a result, the Philippine Senate has numerous “Senactors” (Senators who are actors) as well as politicians married to actresses or celebrities.

We continue to be a basketball-crazed society that is isolated from the soccer-loving rest of the world and yet we can’t even excel in this game we so love, nor can we send talented Filipino players to the NBA because basketball is a game that clearly favors height and we simply do not have the height that would at least give us a fighting chance.

In almost the exact same way, we continue to clamor for improvements in our lives, our economic livelihood, and the quality of our politics, yet because of a system of government whose electoral procedure (choosing the name of an individual candidate running for President) clearly favors “winnability” (popularity and name-recall) over competence, we end up with incompetent people who become President only because of their celebrity status or famous surnames. At other times, we also end up with leaders who – though sometimes competent – are forced to pander to the public lest they risk being unable to govern if they fail to play the popularity game.

When will we Filipinos realize that for us to excel in team sports, we need to choose a sport where competence and real talent are much more important than one’s height?

When will we Filipinos realize that for our society to be better-run, more efficient, and more responsive to our people’s needs, we need to choose a system of government in which quality policy-making, platform relevance, and competence take overwhelming precedence over petty traits such as celebrity-status, personal popularity, and name-recall?

Knowing that both basketball and the current Presidential System are not good for us, why then do we Filipinos continue to insist on sticking it out with the both of them instead of making the necessary changes that would correct the problems that these two Problematic American Imports continue to cause?

Once upon a time, Albert Einstein said that “Insanity is doing the same thing over and over again, expecting different results”...





Monday, February 8, 2010

Kongreso bilang "Electoral College"; mga Kongresista ng Distrito bilang mga "Pledged Elector"

The article on Electoral College, written in Tagalog, explains why indirect elections under the American electoral college system may be applicable to the Philippines with some modification. It shows that indirect elections for president under a modified presidential system, with Congress acting as the electoral college, is essentially the same as indirect elections for prime minister under a parliamentary system.

The article may be downloaded from the following link:

http://www.deszr.com/archive.html?section=files&task=download&cid=84_aed68ac41530496d02b3c8b7abf84794



Saturday, February 6, 2010

Congress as Electoral College; District Representatives as Pledged Electors

The article on Electoral College explains why indirect elections under the American electoral college system may be applicable to the Philippines with some modification. It shows that indirect elections for president under a modified presidential system, with Congress acting as the electoral college, is essentially the same as indirect elections for prime minister under a parliamentary system.

The article may be downloaded from the following link:






Sunday, January 17, 2010

Are the people really sovereign in this country?

Here's a sad commentary about the people's so-called "sovereignty". This blogger just has one note on the "overwhelming" approval of the 1987 Constitution. He almost voted NO during the plebiscite, primarily because he didn't like the bicameral structure of Congress, among others. At the end of the day, he still voted YES because he thought political stability was the most pressing need at that time. He thought we could always amend the Constitution later. More than twenty years later, we still could not amend the Constitution. Dodong aka Ka Kiko

It will fail again
FROM A DISTANCE
By Carmen N. Pedrosa
(The Philippine Star)
Updated January 09, 2010 12:00 AM

Charter change advocates were asked to be patient. Let’s talk about it after 2010. Then there was the long standing debate of what mode should be used to introduce the reforms pulled out of the hat time and again. Should it be by constituent assembly, constitutional convention and people’s initiative as prescribed by the Constitution? All have been tried without success. There was always an excuse to block it.

All presidents after Marcos one way or another, if for different reasons, wanted to reform the Constitution. That includes Cory Aquino herself but she was clever enough to keep it away from the public.

But facts do not lie and neither do archival documents (even if removed from the Congressional archives, I already have copies) that she certified the implementing law of the people’s initiative in the last days of her term. This was combined with the implementing rules and regulations for the Comelec headed by her appointee. This was the chosen route that would have used her ‘popularity’ as the icon of democracy to stay in power.

FVR was more forthright and also attempted constitutional reform but he was stopped dead on his tracks by a warning from the establishment and their foreign protectors. Unlike Cory though he did have a vision and a program that he wanted continued to put the country on a more stable path. It was not so much for an extension of term than it was for the continuation of his program.

Erap also tried but with no mind of his own he did not understand the substance of reform and limited his actions to the commercial aspects.

And now, we have President GMA who openly espoused constitutional reform during the entire period of her term. She understood the substantial defects of 1987 Constitution and that in time, after the euphoria of victory, she will face the same blank wall other presidents before her did.

Experts, both foreign and local derided the Constitution as “baroque”.

It could have done better with simple principles, not a tract of administrative details. In the end many important provisions were simply left hanging “just to get the Constitution done with asap”. And when time ran out, the saving words to very important provisions were “subject to an implementing law”.

That means worthy provisions such as a people’s initiative, anti-dynasty could not be implemented. More horrific, we have a Constitution that cannot be amended. The framers claim they forgot to put the word jointly or separately on how the Senate or Lower House would meet and vote to submit proposals for amendment. Is that an acceptable excuse?

We now have an authoritarian government by error. Although a constitution is subject to the people’s approval, we would never reach the point to exercise that sovereignty. We can not reject or accept proposals for reform so long as the Senate and the Lower House are at odds with each other. That renders the sovereignty of the people useless. Therefore it is not even a democratic Constitution.

It was merely a reaction against the Marcos dictatorship without thought and deliberation on how the country could be restructured for good governance and to foster its ability to give a better life to majority of its people.

Yet it was approved overwhelmingly by a people who did not comprehend its shortcomings. As one polling expert said some 90 percent of the people who approved it later said they did not know why they did.

* * *

Despite this history, constitutional reform will fail again. All efforts toward the reforms have depended on reasonable dialogues.

There are still those who believe constitutional reform can be done in this country. They think it will happen so long as some consensus is reached for the two Houses to meet. Among those who have harbored this kind of thinking are the members of the House Committee on Constitutional Amendments in the Lower House headed by Chairman Cong. Victor Ortega, and Vice-chairmen Cong. Pedro Romualdo. Edelmiro Amante, Georgidi Aggabao, and Elipdio Barzaga Jr. They had worked hard on House Bill 6975 incorporating seven concurrent resolutions calling for a constitutional convention instead of a constituent assembly. The seven concurrent resolutions were HB 4075, HB1752,HB 3149, HB 3473, HB 5564, HJR 28 and HB 5700.

Briefly, HB 6975 that is now under attack simply calls for the election of delegates to propose amendments to the 1987 Constitution and appropriating funds thereof. It was co-authored by 51 lawmakers, both pro-government and with the opposition. The elections would be held simultaneously with the barangay polls on Oct. 25. Curiously, some of the same lawmakers (getting cold feet?) that voted for it are now said to be recalling their signatures. Why?

* * *

Members of the committee are wasting their time and should not have bothered about an acceptable alternative to a constituent assembly.

I was in one of their committee hearings and remember them say adamantly “we will just have to bite the bullet in performing a paramount duty as representatives of the people.” Can they go against the establishment who want no reform, no change, not ever on a moribund constitution at whatever cost to the people? A bishop has called President GMA’s decision to run for a congressional seat a “hidden agenda” even if it is in full public display. He does not say how this hidden agenda will play out.

Another bishop banking on the ignorance of the masses said “we should watch and pray. The devil is like a roaring lion ready to devour its prey.” What? Again? It reminds me of a cardinal who called constitutional reformists devils during Ramos’s time.

They blame President GMA but this music has been playing since we were granted our independence. The trouble is there are those who do not believe in our independence and self-determination.

Just as in Spanish and American times, sectors of the Church have again taken the lead against government. Naturally, the Upper House of vested interests cannot be far behind. Senate President Pro Tempore Jinggoy Estrada and Sen. Francis Pangilinan said the Senate would not agree to any Cha-cha initiative during President GMA’s time. Someone should tell them there would be a different administration by the time delegates are elected in October 2010. It does not matter. They do not like reform period, and we have a constitution that gives them the last word. But is that democratic? Are the people really sovereign in this country?




"Delete Option"

Here's an interesting article on economic reform. While I do not share the writer's pessimism about related political reform, his proposed approach in pursuing constitutional amendments appears practical and doable.

Delete
FIRST PERSON
By Alex Magno
Updated December 13, 2008 12:00 AM

Some groups here have made a cottage industry of resisting constitutional reform at every instance and for any reason at all. These groups constitute a volatile alliance of churchmen, ideologues from the usual movements of rage and whichever politician feels at the moment to be at the cusp of the next presidency.

This creates a predicament for those of us who feel strongly that constitutional reform is in the national interest.

I have outlined, in previous columns, the main reasons I feel that Charter change ought to be at the top of the national agenda. The sum of these arguments is that, under the present constitutional framework, we have a set of institutions that are vulnerable to capture by the domestic oligarchy and powerful vested interests.

But the Charter change agenda always seems to be trapped in the politics of the moment. If it is undertaken by way of a constituent assembly, the interests of the sitting politicians come into play. If it is done by way of a constitutional convention, the process would be open-ended, creating too much uncertainty and opening up too much political space for ideologically-driven players.

Those rabid opponents of Charter change who marched in the streets of Makati yesterday would not yield to the prerogative of elected representatives to begin consideration of a mode of Charter change. Whatever they propose, railroaded or not, will have to be, at any rate, submitted to the people in the plebiscite. That is the more appropriate time to debate the reforms submitted to the people for consideration.

Yesterday’s march was, from the standpoint of representative democracy, grossly premature. It preempts any discussion of reforms by duly-elected representatives who are acting within their proper mandate.

Yesterday’s march was an event of bigotry. It was undertaken in the spirit of rejecting even a mere discussion of proposals for Charter change. It is act trapped in the presumption of malice. It does not enrich our democratic culture.

I did say, in one televised interview, that I have lost hope constitutional reform will ever happen in my lifetime. A freshly-elected administration has no incentive to surrender its electoral victory to Charter change. A sunset administration, when it does initiate a constitutional reform process, will always be suspect.

We saw that in the case of Pirma at the end of the Ramos period.

We see that today.In one recent public forum organized by civic groups sympathetic to constitutional reform, I suggested that if there is anything that is politically feasible it has to be narrowing down the debate to only the economic provisions in the 1987 Charter.

Forget about reforming our institutional arrangement. That will always be divisive because there will always be vested interests finding themselves on opposite sides of any political question. The Senate will always oppose any shift to a unicameral assembly. Oligarchic interests will always oppose a shift away from the presidential system because any other option will be a lot harder for them to control.

The only possible aspect of the constitutional reform agenda where some amount of consensus may be forged is that section that “constitutionalizes” our nation’s economic policy.

That section is anomalous to begin with. A constitution should never prescribe economic policy. Economic policy ought to be an evolving thing, shaped by the continuing process of legislation and policy-making. (emphasis supplied)

In the scenario I propose, the House majority could simply pass a resolution deleting the provisions in the 1987 Constitution that preempt economic policy-making. With a limited scope, the Senate has to agree with the revision. No one, except the ideologically blinded, wants our economic policy to be fixed like religious dogma. (emphasis supplied)

I call this the “Delete Option.”

Because the provisions to be removed will not be replaced, there is no need to debate wording. The debate on economic policy, henceforth, will occur where it must: in both chambers of Congress.

It is a simply, surgical operation that will not disturb the institutional arrangement. It will not endanger the political ambitions of those who now so vociferously oppose constitutional reform.One might call it Constitutional Appendectomy.

The necessary reform of our economic architecture has been delayed because deleting the economic provisions has been tied up with the other messy political issues in the Charter change agenda. There is an immediate benefit in liberalizing the economic architecture the soonest to help us cope with the global recession.

We will likely debate the reform of our institutional arrangement forever and ever. But let us not hold our economy hostage to the endless bouts of partisan positioning.

The commission that gave us this Charter, which we hurriedly ratified in the context of political fluidity, debilitated our capacity for economic growth. Over more than two decades, our people incurred immeasurable opportunity costs because of the restrictive constitutional provisions.

Let’s do what can be done in the area of constitutional reform. Forget about lifting term limits or shifting to a parliamentary form of government. Only a revolutionary government can manage to reinvent our government so that the oligarchs will finally cease to control it.

In the meantime, let us align Charter revisions with the urgent effort to save our economy in these uncertain times.