Thursday, August 27, 2009

A crisis of reason

Aklan’s beloved bishop, Gabriel V. Reyes, upon informing him last December 31 that I have not yet read a copy of Pope John Paul II papal encyclical titled ‘Fides et Ratio’ as what I had read was only a summarizes article in the November 1998 issue of The Vatican and which encyclical may found print in the December 1998 issue of the said magazine, gave me a copy of it on January 4, 1999.
Pope John II’s encyclical on faith and reason stresses that in both East and West, we may trace a journey which had led humanity down the centuries to meet and engage truth more and more deeply. It is a journey which has unfolded; as it must; with the horizon of personal self-consciousness: the more human beings know reality and the world, the more they know themselves in their uniqueness, with the question of meaning of things and their existence becoming more pressing, the Pope says. That is why all that is the object of our knowledge becomes party of our life. The admonition Know Yourself was carved in the temple portal at Delphi, as testimony to a basic truth by those who seek to set themselves apart from the rest of creation as human beings that is as those who know themselves the Pope emphasizes. The Pope observes a cursory glance at ancient history which shows clearly how in different parts of the world, within their different cultures, there arise at the same time the fundamental questions which pervade human life: Who am I? Where have I come from and where I am going? Why is there evil? What is there after life? Pope John Paul II asserts that these are the questions which we find in the sacred writings of Israel, as also in the Veda and the Avesta; we find them in the writings of Confucius and Lao-Tzu, and in the preaching of Tirthankara and Buddha; they appear in the poetry of Homer, as they do in the philosophical writings of Plato and Aristotle. They are the questions which have their common source in the quest for meaning which has always compelled the human heart. In fact, the answer to these questions decides the direction which people seek to give their lives.
The Pope affirms the importance of philosophy to be used by men and women who have at their disposal an array of resources for generating knowledge of truth so that their lives may be ever more human. He says that philosophy’s powerful influence on the formation and development of the cultures of the West should not obscure the influence it has also had upon the ways of understanding existence found in the East. Every people has its own native and seminal wisdom which, as a true cultural treasure, tends to find voice and develop in forms which are genuinely philosophical. One example of this is the basic form of philosophical knowledge which is evident to this day in the postulates which inspire national and international legal systems in regulating the life of society.
The Pope proclaims that certain fundamental moral norms are shared by all – an indication that, beyond different schools of thought, there exists a body of knowledge which may be judged a kind of spiritual heritage of humanity.
Pope John Paul II laments that the search for ultimate truth seems often to be neglected when he rightly observes, thus: “Modern philosophy clearly has the great merit of focusing attention upon man. From this starting – point, human reason with its many questions has developed further its yearning to know more and to know it ever more deeply. Complex systems of thought had thus been built, yielding results in the different fields of knowledge and fostering the development of culture and history. Anthropology, logic, the natural sciences, history, linguistics and so forth; the whole universe of knowledge has been involved in one way or another. Yet the positive results achieved must not obscure the fact that reason, in its one-sided concern to investigate human subjectivity, seems to have forgotten that men and women are always called to direct their steps towards a truth which transcends them. Sundered from that truth, individuals are at the mercy of caprice, and their state as person ends up being judged by pragmatic criteria based upon experimental data, in the mistaken belief that technology must dominate all. It has happened therefore that reason, rather than voicing the human orientation towards truth has wilted under the weight of so much knowledge and little by little has lost the capacity to lift its gaze to the heights, not daring to rise to the truth of being abandoning the investigation of being, modern philosophical research has concentrated instead upon human knowing. Rather than make use of the human capacity to know the truth, modern philosophy has preferred to accentuate the ways in which this capacity is limited and conditioned. The Pope hastens to add succinctly, thus: “This has given rise to different forms of agnosticism and relativism which have led philosophical research to lose its way in the shifting sands of widespread skepticism. Recent times have seen the rise to prominence of various doctrines which tend to devalue even the truths which had been judged certain. A legitimate plurality of positions has yielded to an undifferentiated pluralism, based upon the assumption that all positions are equally valid, which is today’s most widespread symptoms of lack of confidence in truth. Even certain conceptions of life coming from the East betray this lack of confidence, denying truth its exclusive character and assuming that truth reveals itself equally in different doctrines even if they contradict one another. On this understanding, everything is reduced to opinion; and there a sense of being adrift. While, on the one hand, philosophical thinking has succeeded in coming closer to the reality of human life and its forms of expression, it has also tended to pursue issues existential, hermeneutical or linguistic which ignore the radical question of the truth about personal existence, about being and about God. Hence, we see among the men and women of our time, and not just in some philosophers, attitudes of widespread distrust the human being’s great capacity for knowledge. With a false modesty, people rest content with partial and provisional truths, no longer seeking to ask radical questions about the meaning and ultimate foundation of human, personal and social existence. In short, the hope that philosophy might be able to provide definitive answers to these questions has dwindled. The Pope addresses his Brother Bishops with whom he shares the mission of proclaiming the truth openly, as also theologians and philosophers whose duty it is to explore the different aspects of truth, and all those who are searching and in so doing, to offer some reflections on the path which leads to true wisdom so that those who love truth may take the sure path leading to it and so find rest from their labors and joy for their spirit. He reveals that he was impelled to undertake the task of issuing the encyclical because of the Second Vatican counsel’s insistence that Bishops are witnesses of divine and catholic truth. Further, that Bishops bear witness to the truth and is a task entrusted to Bishops which cannot be renounced without failing in the ministry they have received. In reaffirming the truth of faith, Bishops can both restore their contemporaries a genuine trust in their capacity to know and challenge philosophy to recover and develop its own full dignity. Pope John Paul II cites a further reason why he writes his reflections. He said that in his Encyclical Letter Veritatis Splendor, he drew attention to certain fundamental truths of Catholic doctrine which, in the present circumstances, risk being distorted or denied. In the present encyclical, he wishes to pursue the reflection by concentrating on theme of truth itself and on its foundation in relation to faith. “For it is undeniable that this time of rapid and complex change can leave especially the younger generation, to whom the future belongs and on whom it depends, with a sense that they have no valid points of reference. The need for a foundation for personal and communal life becomes all the more pressing at a time when we are faced with the patent inadequacy of perspectives in which the ephemeral is affirmed as a value and the possibility of discovering the real meaning of life is cast into doubt. This is why many people stumble through life to the very edge of the abyss without knowing where they are going. At times, this happens because those whose vocation is to give cultural expression to their thinking not longer look for truth, preferring quick success to the toil of patient enquiry into what makes life worth living. With its enduring appeal to the search for truth, philosophy has the great responsibility of forming thought and culture; and now it must strive resolutely to recover its original vocation. This is why I have felt both the need and the duty to address this them so that, on the threshold of the third millennium of the Christian era, humanity may come to a clearer sense of the great resources with which it has been endowed and may commit itself with the renewed courage to implement the plan of salvation of which its history is part … Help fight drug abuse!

EL STO. ROSARIO – ESPERANZA DE PAZ

Por Ronquillo C. Tolentino

Para un hombre que tiene fe in Dios, para una; nacion que aborrece la amenaza de una guerra mundial, la esperanza de paz no esta del todo perdida. Pero para los que no tienen ideales y valores morales, para las naciones que abogan por argumentos al baculo, caos y amenazas, esta esperanza esta casi fuera de su alcance. La perversion de la moral y de la razon socava material y espiritualmente al hombre, a la sociedad, a la nacion. A pesar de la vileza y fealdad de estos principios hay todavia muchas naciones que se adhieren a allos,
La amenaza constant de la Guerra mundial y la ola ascendiente del crimen
Pueden ser detenidas por una sarte de perlas – el Santo Rosario. Este es un medio oficaz para obtener la paz y armonia entre los hombres. Es la sustancia de la Redencion, la influencia saludable que ha salyado a muchas naciones en el pasado y que aun puede ser ancora de salvacion para muchas mas.

La oracion constant del Santo Rosario, la practica de las lecciones y de las virtudes que ensena desharan el odio, la verganza, la duda, la sospecha y la desesperacion, que son las raices de los males que afligen al hombre. En su lugar Habra seguridad y felicidad de vida. Y una vez mas reinaran la fe, la esperanza, la caridad, y su fruto, la paz en los corazones del hombre.

*ATTY. RONQUILLO CONANAN TOLENTINO is a lawyer-journalist. “Kel” as he is fondly called by friends, associates and acquaintances in the province of Aklan is an elective member of the provincial legislative body (Sangguniang Panlalawigan) of Aklan. With the said body, he chairs the highest committee: laws, rules and ordinances. He also chairs the provincial committee on education, culture, science and technology. He had been former president of the Aklan Jaycees, Aklan Press & Radio Club, United Way, of Aklan Integrated Bar of the Philippines – Aklan Chapter and Aklan College Alumni Association. He chairs the Aklan Council of the Boy Scouts of the Philippines, Citizens Drugwatch Foundation, Inc., Aklan Chapter and the Ben Hur Z. Mobo Move Aklan Forward Foundation, Inc. He is vice – chair of the Philippine National Red Cross –Aklan Chapter. Kel heads his own law firm – the Tolentino Law Office – and is columnist of various newspapers in Aklan and the Western Visayas region. He once headed the association of community journalists for Western Visayas and had served as national director for three consecutive terms of the Federation of Provincial Press Clubs of the Philippines. He had been editor – in – chief, editorial and legal consultant of various publications. Kel, at 57, together with author-publisher-journalist, Roman A. dela Cruz, are the remaining members of Aklan historians under the aegis of the Aklan History Society with the deceased Dr. Beato A. dela Cruz, Jose Jacinto Parco, Aklan first governor and lawyer Jose Raz Meñez, Kalibo mayor and judge Ludovico O. Peralta, Col. Emiliano Y. Fernandez and Dr. Federico R. Meñez. He was the society’s youngest member when it was formed in 1981. At the request of the late Mayolo Gonzales Torres. Kel’s work on a brief history of Aklan was published in the 1986 issue of the Ati-Atihan Review. This Spanish article saw print in the 1963 summer issue of the Aklan Collegian. This was reprinted in various regional newspapers.

Wednesday, August 26, 2009

A Constitution Must Be, A Living Force

No sooner had President Gloria Macapagal Arroyo made a yahoo declaration of elation on the peso’s recovering strength vis-à-vis the US dollar and the national broadsheets’ observation of investors coming when a few congressmen hurriedly considered contemplating amendments to the 1987 Constitution through a constituent assembly centered on a change of form of government, as if it is an idea and national necessity whose time has come.
The methods of amending or revising the 1987 Constitution is provided in Sections 1 and 2, Art. XVII of the said Constitution. Jose N. Nolledo, in his work The Constitution of the Republic of the Philippines Explained, makes these explanations, thus: “The Constitution may be amended or revised – (1) By the Congress by a vote of three-fourths of all its Members; (2) By a constitutional convention, either called by two-thirds vote of all the Members of the Congress, approved by the electorate (in a referendum) as when (in the latter case) the question of calling such convention is submitted to the electorate by a majority vote of all the Members of the Congress; or (3) By the people through a system of initiative under the conditions set forth in Section 2 of the instant Article. In any of the ways mentioned above, the revision or amendments must be submitted to the people for ratification and the same shall be valid only when ratified by a majority of the votes cast in a plebiscite. (Sec. 4, Art. XVII).”
As a matter of recollection, a May 2002 national political summit was conducted and studied. It felt an urgent need for constitutional reforms. The compelling need for constitutional reforms had been based on the fact that our country has not moved ahead in economic, political, social and governmental development as a consequence of continuous political instability, rampant graft and corruption, huge foreign debt, kidnappings, prolonged military skirmishes in Mindanao and Sulu and the seeming lack of proper direction in economic development. In addition, the U.P. Law Center and the Philippine Constitution Association (PHILCONSA) found more than 100 errors and inadequacies in the 1987 Philippine Constitution.
On that year, the House of Representatives of the Philippines conducted a series of nation-wide public hearings and opinion surveys in selected cities on the issues whether the people are in favor of amending the 1987 Philippine Constitution and their recommendation on the procedure of amending the fundamental law. Thereafter, there was the Philippine Senate and House of Representatives call for a Constitutional Convention for urgent constitutional reforms.
Advocate of constitutional amendment through the constituent assembly should remember the admonition of Rep. Herminio Teves, the oldest member of the House of Representatives of amending the 1987 Constitution through a constituent assembly. He recalled the failed constituent assembly in May 1957, April 1966 and in June 1969.
Be the foregoing as it may, in a democracy such as ours, one should consider the vital import of a constitution, or if you will, its sacredness which should not be trifled with.
Some Filipinos have the mistaken notion that we imported our constitutional tradition. A lot of our nationalists believe so. Somewhere in 1970, profused with the thought that a constitutional convention was about to be called preceded by the election of delegates to the constitutional convention, I scribbled some notes on the studies of some authors on constitutionalism. One of the authorities that I studied was Jorge M. Juco. Juco, in his work The Citizen and the Constitution writes thus: “We did not import our constitutional tradition. Men speak of transplantation of systems. But the Filipinos did not need to import his constitutionalism. Filipinos demanded the limitation of government representation, not because of encroachments of foreign powers, but because they saw in the mirror of their national history how political life could not prosper without them. What was imported, at times, were not the thoughts or the aspirations, but their verbal presentation. It is an act of political masochism to say that we do not have a constitutional tradition. We do have one. We have imported constitutional processes, it is true, but the operations of these processes in practice are peculiarly ours. In this lies the national dilemma, for we are ourselves a different kind of people and theory and practice vary not because constitutions vary, but because the people who must live them are different in temperament, discipline and in attitude.”
Juco sites that what is demanded of the citizenry in the remaking of the Constitution is awareness, knowledge and discussion. “The Filipino must inform himself (and others) about what the constitution that he is to change already contains. In order that he may better know what changes he is to institute in the fundamental law, he must know what options confront him, and the consequences of his choice. It, too, demands discussion – this is the keystone of democracy; matter must be discussed openly and open-mindedly. Beyond this, the remaking of our constitution demands reasons. Popular passions and prejudices, while they may sway a mob and inspire demonstrations, cannot constitute a stable basis for democratic government. Constitution of countries are not judged by their appeal to the vices of a people, but to their virtues, and to the capacity of the people to look beyond present needs towards the aspiration of the future.”

Tuesday, August 25, 2009

Desiderata In Aklanon

Pumanaw ka it calmado sa tunga-tungait sangag, kasaku ag tanda-i kon nano rokalinung ro mabu-oe sa kahipos;Kon possibli eamang ag owa it pag-ayaw sa imonga pagkatawo, maguing mayad ka sa tanan nga tawo;Hambaea ro kamatu-oran it hipos ag claro; agmagpamati ka sa iba; ay bisan ro owa it hatun-an oignorante hay may anda man ron nga istorya nga ikasugid;Imo nga dili-an ro pag-iba sa mga masyado ngasangag ag masyado nga agresibo nga mga tawo ay rayahay istorbo sa ispiritu;Kon magcomparar ka kimo sa iba, basi maguingbugaeon ka o mapait kimo ro pagcumparar; ay saminatuod, may una nga kapos pa kimo ag manaba mankimo nga tawo;Pangasadyaha ro imo nga naguing ha-abot eakipeon ro imo nga planos;Magta-o ka it interes sa imo nga pagpangita oprofesyon bisan manaba sa imo pagpangita; royon hay itsa matsa eon ng manggad sa nagakinambyo nga swertesa pangabuhi;Mag-ehersisyo ka it mayad nga pagtimbang agpanan-aw sa imong negosyo; ay ro kalibutan hay punoman it pagluko. Pero raya indi magbulag kimo ngadagaya man ro mga virtudes; dagaya man guihaponro mga tawo nga naga-pangita it mata-as nga virtudes aghaeos tanan nga lugar, ro pagpangabuhi hay puno man itpagkabaganihan;Maghueag ka it natural; especialmente, ayawmagpakita it apeksyon o higugma nga bukon it minatu-od.Ag indi ka man magpaeayo sa kahueogan it higugma;ag sa napangatubang nga pagmaea it higugma; agpagdesperar, ro higugma hay pirme nga mana ko halimunon.Batonon nimo ro imo nga pagueang ag pag-agi it mga dinag-on ag dayon mo nga batonon rorealidad it imong pagueang eakip ro imong pagta-oit lugar sa mga binatan-on nga magabueos;Magtago ka it abo nga kusog it ispiritu agudmay igapanagang ka sa mga kalisud. Pero indi kaman magpaino-ino pirme it kalisdanan;Dagaya nga pagkahadlok hay natawo sakaga-oy o sa kamingaw;Sa pihak it mayad nga pagdisiplina it imongpersonalidad, magpanan-aw ka man it mayad kimoag imong pangeawason. Ikaw hay unga man itkalibutan mana ko kakahuyan ag ko mga estrellas.Ag may derecho nga maguing iya sa kalibutan.Bisan naila ka o owa, owa it duda nga ro kalibutanHay una nimo nga makita;Busa ngani, magpangabuhi ka it kalinung saDiyos, kon nano man ri imo nga pagpanan-awko imo nga Diyos. Ag kon nano ro imo ha-obra oaspirasyones sa pangabuhi. Ag sa kasangag itpagpangabuhi, magkalinung ka it imo nga kaeag;Ag sa ana nga sangag, kalisud, kasum-oe oSa panamgo nga owa hituman, may kayad-ayadGuihapon ro aton nga kalibutan.Magdahan ka ag magtan-aw nga ikaw malipay.

Tuesday, August 18, 2009

POLITICS AND JOURNALISM: THE AKLAN EXPERIENCE

(A lecture delivered by Atty. Ronquillo C. Tolentino, Vice Governor, Province of Aklan, on the occasion of the 1st Provincial Conference on Aklanon History; Culture and Society sponsored by the Arch. Gabriel M. Reyes Memorial Foundation in cooperation with the National Commission for Culture and Arts. Second floor, Capt. Gil Mijares Bldg. 19 Martyrs St., Kalibo, Aklan, April 20, 2006)

I must confess that I had a feeling of hesitancy in accepting this invitation to speak on the subject “Politics and Journalism in Aklan”. My reluctancy stems from the thought that I may not be able to articulate in full the topic on a compress time frame and thus would not do justice to my task. Be this as it may, best I may be carried to be apologetic. Starting a lecture or a speech with an apology is regarded as taboo.
The emergence of Aklan as a distinct province on April 25, 1956 also started the formation of Aklan Press Club separate from the Capiz Press Club.
Aklanon journalists are well aware of their responsibilities believing as they do that they play a very important role in Aklan development and progress. So many of them would stress the Jeffersonian statement of preference for a press without a government than a government without a press, firm in the adherence to that democratic principle enshrined by Thomas Jefferson in his letter which states, ”Our liberty depends on the freedom of the press, and that cannot be limited without being lost.” And Aklanon journalist are wont to remember Franklin Delano Roosevelt’s defense of the freedom of the press when the great American president said: “Freedom of conscience, of education, of speech, of assembly are among the very fundamentals of democracy and all of them would be nullified should the freedom of the freedom of the press ever be successfully challenged.”
I would say with enough candors that Aklanon journalists, whether on the print or electronic media, are firm believers that freedom, to use the words of Carlos P. Romulo, initiates responsibilities and ultimately comes to generate the intelligence, initiative and wisdom that make restrained and order. And the awareness of that Harvard University President Nathan Pussey phrase of “those wise restraints that make men free.”
Aklanon journalists, as before and now, have considered the freedom of the press as one of the radical rights of man philosophers and constitutionalists from Voltaire to Justice Holmes had enshrined in their writings the validity and need of this freedom.
Earlier Aklan journalists would center their writing more on the history, tradition, customs, and culture of Aklan. But it was not to be so for long albeit Aklan was young. Journalists, having an affection for the printed word even long before the advent of radio and Aklan separation were probably imbued with importance of newspapers. I remembered Carlos P. Romulo, former UP president; one time president of the United Nation General Assembly, a former foreign (affairs) secretary, newspaper editor and publisher and Pulitzer Prize winner, once said: “A newspaper has a function all its own. Its command an audience which other types of news media - - the radio and TV for example, cannot reach with any commendable effect. The interpretation of events, the interplay of fact and opinion, the color and tension of points of view - - this are matter with other media of communication cannot transmit with the convenience and ease, let alone with the authority, of the printed page. In the last analysis, it is perhaps to our intelligence and precisely where that intelligence resides, which is the mind that the newspaper addresses itself.”
Aklanon newspapermen like the great Carlos P. Romulo, have their interest in newspapers derived from a long and personal affection with the printed word. And it is an affection cherished by most, if not all, newspapermen. To quote Romulo again: “It is from that love that our society today enjoys a considerable measure of contact with events and with the men and women all over the world that are involved in them. Our newspapers have even gone beyond this. They have consciously, and from day to day, helped us to understand ourselves and the complicated world we lived in.”
Corollary to the law creating Aklan as a distinct and a separate province of governance. Political grouping were formed, each political party seeking the mandate of the Aklan electorate to lead the province even as they saw the rich and vast-God given natural resources of the province then waiting for orchestrated development. In their own respective times and administration the have focused on Aklan development albeit ion different approaches and target, on divergent political visions, thinking and perspectives.
Believing that public opinion should be the constant source of liberty and democracy, Aklan journalist have freely commented on the conduct of public officials, inclusive of candidates for public office. The journalists in our province are well aware that “This privilege rest on the sound policy of encouraging discussion as a means informing the public as to what is happening and what should be done in public affairs thus, promoting the adoption of sound measures and deterring misconduct by those who administers the affairs of government. It is in the interest of continuing debate on matters of policy and question of public good that the recognition of press freedom ultimately rest.”
The arrival of radio broadcasting in Aklan expanded the frontiers of press freedom and journalism. Aklanons have realized the importance of radio as a means of communicating their ideas. And so with politicians to their constituencies. The importance of radio to Aklan progress and development actually needs no further elaboration. Suffice to say that radio shall remain as the fastest means of transmitting news and other information materials.
On the 47th anniversary of Aklan and on the night of April 25, 2003 on the occasion of the First Community Press Summit sponsored by the Publishers Associations of the Philippines, Inc., in cooperation with the Aklan Press Club, Congressman Apolinario Lozada, Jr., Chairman, House of Representatives Committee on Foreign Affairs, had occasion to state: it has been said that there are two kinds of people: the pessimist who sees the glass as half empty, and the optimist who sees the glass as half-full. But there must be a third category of people: those who are willing to measure the contents of the glass in ounces and liters and say precisely how much that glass contain. To this third group of people should belong media practitioners, x x x, for it is media’s duty to give the unblemished truth.
“Media holds the power to sway mind to influence the opinion of the masses, to convince the people that a glass is indeed half-empty or half-full. But, with this power comes the responsibility of accuracy and truth in reportage. Media’s power over the people is most apparent in the broadcast industry – in radio and television – where sound and tone (and image, in case of TV) contribute to the effective conveyance of emotions for or against persons, things, or ideas. Undisputably, media can make or unmake fortunes. It is a small wonder, therefore so many rich and famous individuals race against each other to gain control of media-related enterprises.”
“Of the three vehicles of mass communications, radio is considered the most potent in our country. This is because radio, being the most affordable, has the widest reach. In rural areas unreachable to print media and televisions, the radio continues to be a major source of information and entertainment. In this part of the Philippines, I do believe so.”
“By the sheer size of their publics, therefore, our radio broadcasters should be among the most influential of media practitioners. To them, therefore, the responsibility of truth and accuracy should weigh heavier, not only because of their wider public but also because their medium – the spoken word – has a far more potent effect on their public. We need only remember that the damage that the spoken word can cause can barely be rectified even when the speaker retracts his statement in a subsequent broadcast.”
Political leaders in Aklan are fully aware of the doctrine of fair comment which assures to the citizens the fullest freedom to express his views and opinion on public affairs. As it has been emphasized, the constitutional right of speech is basic since it is through public opinion that those who administer the government are apprised of what the people want.
It is admirable that political leaders of Aklan, aware of the high literacy rate of the people, have honored the doctrine of fair comment. I would like to believe that they are cognizant that “The single purpose of the rule permitting fair and honest criticism is that it promotes the public goods, enable the people to discern right from wrong, encourage merit, and firmly condemns exposes the charlatan and the cheat, and hence is based upon public policy.”
Too, it is notable that public officials, with the exception of a few, are open to criticisms from media. I would venture top say that they are not too thin-skinned with reference to comment upon their official acts. It is my observation that they are aware of the doctrine laid down in U.S. vs. Bustos, 37, Phili. 731, 740-741 which states: “The interest of society and the maintenance of good government demand a full discussion of public affairs. Complete liberty to comment on the conduct of public men is a scalpel in the case of free speech. The sharp incision of its probe relieves the abscesses of officialdom. Men in public life may suffer under a hostile and an unjust accusation; the would can be assuage with the balm of clean conscience.”
Aklan, from Governor Jose Raz Meñez to Governor Carlito Samson Marquez, is on its 50th year on April 25, 2006.
Aklan politics and politicians recognize the fact that media is powerful cognizant of what is the English statesman and Prime Minister Benjamin Disraeli postulated thus: “The press is not only, free, it is powerful. That power is ours. It is the proudest that man can enjoy. It was not granted by the monarchs; it was not gained for us by aristocracies but it sprang for the people and with immortality instinct, it has always worked for the people.” Rightly, Aklanon politicians consider that “the liberty of press is the palladium of all civil, political and religious rights.
Even as Aklan political leaders recognize the awesome power of media and its very potent and influential role, it is justifiable pride to say that Aklan journalist both in the print and broadcast media have pursed their media careers with dedications, vigor and enthusiasm characterized by truthful and responsible reportage and commentaries. I would say that Aklan journalists both in the print and broadcast media, in their unwavering quest and commitment into the exalted objectives of journalism, have never been oblivious of their role and responsibilities and never clean forgotten that injunction from the Catechism of the Catholic Church, thus: “The information provided by the media is at the service of the common good . Society has a right to information based on truth, freedom, justice and solidarity. The proper exercise of these right demands that the content of communication be true and - - within the limits set by justice and charity – complete. Further, it should be communicated honestly and properly. This means that in the gathering and in the publication of news, moral law and the nature of their profession, journalists have obligation to serve the truth and not offend against charity in disseminating information. They should strive to respect with equal care.”

Thursday, August 13, 2009

Of Children, again

It’s National Children’s Month again since President Gloria Macapagal Arroyo issued Proclamation No. 267 in 2003.

I remember 1979 when that year was declared by the United Nations as International Year of the child. I was the Commission on children chairman of the Aklan “Kalantiao” Jaycees and wrote some articles on children.

“The child is the father of man,” said William Wordsworth. Through children, we design humanity’s future.

It has been my experience that working with children and sharing experiences with young people opens a forgotten world, a divine past. For the children’s world is one of hope and wonder. To a child, every day is a new adventure as he experiences the joy of discovery, the thrill of learning and the fascination of transforming reality into whatever magic his lively imagination is wont to weave. Being with children can reawaken one’s latent sense of wonder. The Spanish poet, Jose Ortega Y Gasset, said: “Compared with grown-ups, children are heroic creators, of legend. Everything they come in contact with is transformed.”

The world renowned cellist, Pablo Casals, made this beautiful message for and about children: “Children and young people are our greatest treasure. When we speak of them we speak of the future of the world. Together with the people of all lands, we must work to protect that common treasure. And more than that, we must nurture that richness.


Nations and its leaders should know more about children and the youth, Arthur Schlesinger, Jr., who chairs the Albert Schweitzer Professorship of Humanities at the City University of New York, serves a timely warning. . .” the young are aspiring, impatient, resentful, turbulent and their energy, if denied constructive outlets, will hurtle them along the paths of disorders and destruction . . . Too many countries at present regard young people as a cross to be borne – youth as a disease to be cured only by survival into adulthood. Where this attitude prevails, it means that most of the young are absorbed into traditional structures and become as resistant to change as their parents. But, if government were to declare and carry forward the policy of preparing children and youth for a role in national development, they could use the young to lead the escape from constricting customs and institutions.”


In commemoration with the national children’s months celebration, let us remind ourselves of what an anonymous writer once wrote, and I quote:


“A child that lives with ridicule learns to be timid.
A child that lives with criticism learns to condemn.
A child that lives with distrust learns to be deceitful.
A child that lives with antagonism learns to be hostile.
A child that lives with affection learns to love.
A child that lives with encouragement learns confidence
A child that lives with truth learns justice.
A child that lives with praise learns to appreciate.
A child that lives with sharing learns to be considerate.
A child that lives with knowledge learns to be tolerant.
A child that lives with happiness will find love and beauty.”


Kuhlil Gibran, the Lebanese poet and philosopher is the popularly quoted on his reminder about children, thus :


“Your children are not your children.
They are the sons and daughters of Life’s longing for itself
They come through you but not from your,
And though they are with you yet they belong not to you.
You may give them your love but not your thoughts,
For they have their own thoughts.
You may house their bodies but not their souls,
For their souls dwell in the house of tomorrow which you cannot
visit, not even in your dreams
You may strive to be like them, but seek not to make them like you
For life goes not backward not tarries with yesterday.
You are the bows from which your children as living arrows are
sent forth
The archer sees the mark upon the path of the infinite,
and He bends you with His might that His
arrows may go swift and far
Let your bending in the archer’s hand be for gladness;
For even as He loves the arrow that fillies,
so He loves also the bow that is stable.”

And, yes, let us remember the words of Gabriela Mistral, the Nobel prize-winning Chilean poet said :

“We are guilty of many errors and many faults;
But our worst crime is abandoning the children;
Neglecting the fountain of life.
Many of the things we need can wait;
The child cannot.
Right now is the time his bones are being formed, his blood is being
made and his senses are being developed.
To Him we cannot answer ‘Tomorrow’
His name is ‘Today’ ”.


Aldo Leopold, in his work Sand and Country Almanac, said that our children are our signature to the roster of history of our land is merely the place our money was made.

Permit me to add some more quotes about children :
Reason and Concern

Nograles’ fourth mode

Amendments or revisions to the 1987 Philippine Constitution may be done through three methods as enumerated in Sections 1 and 2, Art. XVII of the said Constitution. Jose N. Nolledo in the 1987 first edition of his work The Constitution of the Republic of the Philippines Explained simply enumerated, for a better understanding, methods of amendment or revision as follows : “ (1) By the Congress by a vote of 3/4 of all its Members; (2) By a constitutional convention, either called by 2/3 vote of all the Members of the Congress, or approved by the electorate (in a referendum) as when (in the latter case) the question of calling such convention is submitted to the electorate by majority vote of all the Members of the Congress; or (3) by the people through a system of initiative under the conditions set forth in Section 2 of the instant Article. In any of the ways mentioned above, the revision or amendment must be submitted to the people for ratification and the same shall be valid only when ratified by a majority of the votes cast in a plebiscite. (Sec. 4, Art. XVII)”.

Any lawyer or political science student would readily enumerate the three methods of amending or revising the 1987 Constitution. Albeit not found in the Constitution, House of Representatives Speaker Prospero Nograles had contrived of a fourth mode via his House Bill No. 737.

Nograles asserts that his bill is intended to amend the Constitution’s economic provisions, specifically Sections 2 and 3 of Article XII (National Economy and Patrimony). Article XII has 22 sections. His bill seeks to give foreigners rights enjoyed by Filipinos inclusive of land ownership and public utilities.

The intendment of House Bill No. 737 is at once suspect. Nograles states that his bill would be treated as on ordinary bill. Nograles seeks three-fourth, of each chamber to pass his bill though. Why 3/4 vote of each chamber when he contends that his bill is to be treated as an ordinary legislation? If it is an ordinary legislation, a simple majority of the members of each house of Congress would be needed.

Even if Nograles may have only considered Sections 1 and 2 Art. XII, there is no telling that from the 60% - 40% provision on natural resources, it may proceed to Section 11 on public utilities and provisions on foreign investments. It may even proceed to the ownership and management of mass media under Sec. 11 (1) of Art. XVI or to Section 10, par. 2 which qualifies the rule that in the grant of right, privileges, concession covering the national economy and patrimony, the State shall give preference to qualified Filipinos.”

As a matter of recollection and even if House Bill No. 737 or the Nograles Fourth Mode is a disguised constituent assembly, Rep. Herminio Teves has occasion to state that the constituent assembly failed in May 1957, April 1966 and June 1969.

Already, Speaker Nograles expressed that his fourth mode may be questioned in the Supreme Court.

The hurriedness of the Nograles Fourth Mode is at once suspect. It is, as a matter of fact, an exercise in misplaced legislative priority.

I may be wrong but one should look back at the failed people initiative on the 2005 Consultative Commission Proposed Revision of the 1987 Philippine Constitution. Article VIII had the legislative and executive powers vested in a unicameral parliament while Article VIII provides that the executive power shall be exercised by the Prime Minister with the assistance of his cabinet.

Since the May 2002 national political summit there had been several attempts to revise or amend the 1987 Constitution.

I adhere to the observation that there is a compelling need to amend or revise the 1987 Constitution. But the Filipino people must be given a sufficient period of awareness, knowledge and discussion of the provisions to be amended or revised.

Better that we elect delegates to a constitutional convention to amend or revise the Constitution even after the 2010 elections.

Tuesday, August 11, 2009

Private reputation is precious


I represented Aklan Gov. Carlito S. Marquez in two media inductions in a span of four months. The first was in the January 18, 2008 induction of the Aklan Press Club at the Sampaguita Gardens, New Washington, Aklan. The second was in the Aklan United Media Association Inc. (AUMA) at Hernani’s Mix N’ Match, Kalibo, Aklan.
In the AUMA induction, Gov. Marquez had the occasion to quote three Supreme Court decisions on freedom of the press. He stressed that in the Salumbides and Rianzares doctrine, the Supreme Court succinctly stated that private reputation is as precious as any constitutional right, and is protected by the Constitution and specific laws.
I take liberty at quoting Gov. Marquez’s April 24, 2008 speech in toto as follows:

***
My warmest congratulations to the new set of officers and directors of Aklan United Media Association Inc. and to all the members of this active and prestigious media organization.
Time management is an essential part of my provincial administration. The importance of time management, or if you will, time budgeting, needs no further elucidation.
Frankly, I did study all my appointments thinking all along that I shall have the necessary time to be with you, aware of as I am of the solemnity and vital import of your induction of officers.
Since the Province of Aklan shall celebrate its 52nd anniversary as a separate and distinct political entity, I had requested Atty. Tolentino, a lawyer-journalist and former vice-governor of Aklan, to act in my stead and represent me in your affair.
Aklan, as a separate province and distinct political entity, is 52 years old. It became a province on April 25, 1956.
The Aklan separation movement, which started on 1901, reached its climax when republic act 1414, introduced by the late Honorable Godofredo P. Ramos, was signed into law on April 25, 1956.
Fifty-two years of Aklan existence should be re-assessed in terms of the gains achieved. And the re-assessment must be made vis-à-vis the Aklanons’ needs, dreams, hopes and aspirations.
As your provincial governor, I continue to make an inventory and stock of developments since the inceptions of Aklan as a province. In so doing, Aklan may
Yet encounter a certain areas that may demand priority and proffer immediate solution to them.
True it is that Aklan has made monumental strides in the process of development. But the achievements dramatically changing the province should not be considered as a barometer of contentment. I do not necessarily take our various developments as the conclusion of a dream put to reality. Development and the thought of it should be in sustaining basis. To rests on laurels achieved may yet provide an atmosphere of self complacency and climate of slumber.
With your indulgence, permit me to present some views on freedom of the press.
The term Fourth State refers to the press, both in its explicit capacity of advocacy and its implicit ability to frame political issues. The term goes back to Thomas Carlyle in the first half of the 19th century.
Novelist Jeffrey Archer, in his work, the Fourth Estate made the observation:
In May 1879, Louis XVI summoned to Versailles a full meeting of the Estate General. The first Estate consisted of 300 clergy. The second estate 300 nobles. The Third Estate, 600 commoners. Some years later, after the French revolution, Edmund Burke, looking up the Press Gallery of the House of Commons, said: “Yonder set the Fourth Estate, and they are more important of them all”.
Although a cherished right of the people, freedom of the press is different from other liberties of the people in that it is both individual and institutional. It applies not just to a single person’s right to publish ideas, but also to the right of print and broadcast media to express political views and to cover and publish news.
A free press is, therefore, one of the foundation of a democratic society, and as Walter Lippmann, the 20th century American columnist, wrote, “A free press is not a privilege, but an organic necessity in a great society”.
Indeed, as society has grown increasingly complex, people rely more and more on newspapers, radio and television to keep abreast with world news, opinions and political ideas. One sign on the importance of a free press is that when anti democratic forces take over a country, their first act is to muzzle the press.
The basis of our government being the opinion of the people, the very first object should be to keep that right; and was it left to me to decide whether we should have a government without newspaper, or newspapers without a government, I should not hesitate a moment to prefer the latter, “(Thomas Jefferson, on a necessity of a free press (1878)).”
The origin of freedom of speech and press are nearly alike because literal utterances about the government, either written or spoken, were subject to punishment under English laws. It did not matter whether what had been printed was true; government saw the very fact of the criticism as evil, since it casts doubt on the integrity and reliability of public officers. Progress toward truly free press, that is, one in which people could publish their views without fear of government reprisal, was halting. In mid 18th century, the great English legal commentator, Sir William Blackstone, declared that although liberty of the press was essential to the nature of a free state, it could and should be bounded.
The freedom of the press consist the right to print and publish statements without subjection to the previous censorship of the government. It does not mean immunity from willful abuses of the freedom which, if permitted to go unrebuked, would soon make the license of an unrestrained press even more odious to the people than the interference of the government with the expression of the opinion. Certainly, a moment’s reflection will convince anyone approaching the subject with an open mind that no public service is rendered by the publication in the newspaper of defamatory of statements which are false and were publish, not from a sense of duty, but to gratify a personal spite and animosity of the writer against the person defamed. (US vs Sotto, 38 Phil. 666, 674-675)
The freedom of the press, just like any other, cannot but have its limitations. It may be enjoyed and used only to the extent that its enjoyment or use will not cause injury to another. Private reputation is as precious as any constitutional right, and it is protected by the Constitution and specific laws. Whoever assails somebody else’s virtue, morality or private reputation in general must naturally be held responsible unless the attack was made under circumstances that exempt him from both civil and criminal liability. (People vs Salumbides and Rianzares, 55 O.G. 2638, 2640)
The interest society and the maintenance of good government demand a full discussion of public affairs. Complete liberty to comment on the conduct of public men is scalpel in the case of free speech. The sharp incision of its probe relieves the abscesses of officialdom. Man in public life may suffer under a hostile and an unjust accusation. The wound can only be assuaged with a balm of clear conscience. A public officer must not be too thin-skinned with reference to comments on his official acts. Only thus the intelligence and dignity of the individual be exalted. Of course, criticism does not authorize defamation. Nevertheless, as the individual is less than the State, expected criticism may be born for the common good. Rising superior to any officials, to the Chief Executive, to the Legislature or to the Judiciary – to any or all the agencies of Government – public opinion should be the constant source of liberty and democracy.(US vs. Bustos, 37 Phil. 731, 740-741).

Thursday, August 6, 2009

Curious Paradox

There is a curious paradox which no one can explain. Who can explain the secret of the reaping of the grain? Who can explain spring after winter's laboring pain? Or why must we all die in order to grow again?
In "Thanatophsis" of William Cullen Bryant are these words; "So leave that when the summons come to join, the innumerable caravan which moves to that chambered realm where each shall take, his place in the silence hall of death."
So great a man has left this world to joint God’s kingdom.
It is with a feeling of trepidation that i pay tribute to a great and outstanding Aklanon:
I first read the name of Professor Dominador I. Ilio in studies of high school literature, specifically in the Philippine Prose and Poetry where his literary works and poetry rank with literary greats like NVM Gonzales, and others. Much later, I would read his poetry in the 1946 book titled “The Guerilla Flowers” a book of poems of the guerillas of World War II in Panay together with Aklanon guerilla poets like Beato A. dela Cruz, Roman A. dela Cruz, Jose J. Parco and Leopoldo A. dela Cruz.
Actually, “The Guerilla Flowers” is a collection of poems written by soldiers of the Panay Guerilla Unit under the command of General Macario Peralta. I remember that professor Ilio’s poems: Camp Agsasaging and SInaeangan were anthologized by Manuel E. Buenafe in The Voice of the Veteran. Camp Agsasaging is included in Philippine Prose and Poetry Volume III, and in Gems in English and American Literature, an anthology by Mercado, Sanchez, et. al.
Permit me, to quote, what was written about Professor Dominador I. Ilio in the book titled “An Oral History of the Second Generation of Writers in English” written in 1987 by Edilberto Alegre and Doreen Fernandez, thus:”He is a rare combination - an engineer, specifically a teacher of hydraulics for decades, and a poet. Even to Dominador Ilio himself the two abilities are separate, unrelated. His hobby is the key, perhaps. Even now he has a passion for bridge. Given a specific number of objects and a set of rules, the fun and challenge rest in the permutations and combinations – in anticipating them, in predicting them, and when one is the player, in bringing them about.
“No wonder he writes of Percival in Times Square of St. John in Chicago, of Icarus in catechism class. No wonder too that his favorite Filipino poet is Jimmy Abad. He has completed 250 pages of the story of pre-barter of Panay in verse. Like his famous poems, this is a juxtaposition of legend, geography and imagination. Physiographical is what he calls the description of setting. Surely it would be layers upon layers of historical and geologic times. Between the layers would be spaces for peoples and events imagined and real.”
“The formation of the poet of Ilio must be set in the education system of his time, the public school educational system specifically, which furnished the opportunities for a quick mind like his. One recalls T.D. Agcaoili, Sinai Hamada, and Manuel Viray. The educational system provided the channel through which they could move from periphery to the center. And the center was the University of the Philippines. The trip from Malinao, Aklan, to the UP at Padre Faura followed the pattern of a centralized structure of power.”
“The next step was to go to the US. Although Professor Ilio avers that, in his case, engineering and poetry do mot mix, he did get an M.S. in Engineering from the University of Iowa, and at the same time most advanced training in the writing of poetry in the Creative Writing Workshop of the same university. If the two indeed did not mix, they took place in the same place at the same time.”
“The names of publication venues attest to the encouragement given by media to new and established writers in English: Graphic, Sunday Tribune, Saturday Evening News, UP’s Philippine Collegian, and the UP Writers’ Club Annual Literary, Apprentice. Then there were the public high school libraries and the National Library, whose lending facilities fed the minds of all writers of this generation. The national weeklies paid contributors of poetry and fiction. No wonder then that Ilio developed a lifelong fascination for reading and writing. Capturing Philippine experience in English was natural assumption, as writing of Icarus, Percival, and St. John was to become a natural extension.”
“Professor Ilio is quiet and withdrawn, but he has always had friends who believed in his writing – Abelardo Subido, Manuel Viray, Sinai Hamada. Katoks Tayag, NVM Gonzales, and later in Iowa, American friends in the College of Engineering, and lastly in the UP, the Beta Epsilon fraternity of the College of Engineering. A small coterie, but a faithful one.”
“Now that he is retired, he has more time for writing and for bridge. He has focused his mind on pre-barter Panay – a return to his past, a recapturing of the stories he heard when he was a child, a forgoing of reality which is a product of locale, milieu, and creative powers.”
“Rabindranath Tagore once said that death is not extinguishing the light. It is putting away the lamp because the dawn has come.”
I remember that Ash Wednesday reminder of death when the priest says, “Memento homo, quiae pulvis est et in pulverem reverteris.” “Remember man, that dust thou art and to dust you shall return.”
Death, is said, is the liberator of him, whom freedom cannot release, the physician of him whom medicine cannot cure; the comforter of him whom time cannot console.
Daniel Webster, the great American orator and statesman state: “One may live as a conqueror, a king or a magistrate but he must die as a man. The bed o death brings every human being to his pure individuality to the intense contemplation of that deepest and most solemn of all relations - - the relation between the creature and his Creator.”
Death is the crown of life. Where death denied the poor man would live in vain; to live would not be life; even fools would wish to die.
We seem to have an erroneous concept of death. We picture death as coming to destroy, let us rather picture Christ as coming to save. We think of death as ending; let us rather think of life as beginning and that more abundantly. We think of losing; let us think of gaining. We think of parting, let us think of meeting. We think of going away; let us think of arriving. And as the voice of death whispers “You must go from earth.” let us here the voice of Christ saying: “You are but coming to me.”
Professor Dominador I. Ilio, a literary genius, is gone – from earth to earth, ashes to ashes, dust to dust, in sure and certain hope, of the resurrection.
Death is the golden key that opens the palace of eternity. So it is for Professor Dominador I. Ilio who now rest in the loving bosom of his Creator.
To Professor Dominador I. Ilio’s dearest ones, to his beloved Clotilde who he shall now join in God’s kingdom, to his children, Mayor Dominador Y. Ilio, Jr., Engr. Dennis Y. Ilio, Dr. Kenneth Y. Ilio; to his daughter-in-law, Fatima Amie; his grandchildren, Christian, Lara, Lani, Lisa and Jon Dominador and to his brothers, sisters, nephews, nieces, friends and relatives, I extend our deepest deepest sympathy and condolence, and this prayer:
“Now the laborer’s task is o’er
Now that the battle day is past;
Now upon the fathers shore
Lands the voyager at last,
Father in thy gracious keeping
Leave we now thy servant”

Laughter

Thomas Carlyle, the English essayist and philosopher, said that a man who can not laugh is not only fit for treasons, stratagems and spoils; but his whole life is already a treason and stratagem. John Paul Richter, the German humorist said that laughing cheerfulness throws the light of day on all paths of life. Martin Luther, in a joking manner, declared that if one is not allowed to laugh in heaven, he just would not go there. A good laugh is sunshine in a house, William Makepeace Thackeray said. Laurence J. Peter rightly observed that two things reduce prejudice - education and laughter. George Gordon, Lord Byron justified laughter when he said: “And if I laugh at any mortal thing, Tis that I may not weep.” And yes, the brief lines from Ella Wheeler Wilcox’s Solitude, thus : “Laugh and the whole world laughs with you; Weep and you weep alone; For the old earth must borrow to mirth; But has trouble enough of its own.” John Dryden emphasized that it is a good thing to laugh and if a straw can tickle a man, it is an instrument of happiness. Beasts can weep when they suffer, but they cannot laugh.

The saying albeit old that “laughter is the best medicine” has not become hackneyed.

It has been observed that more and more scientific studies are providing evidence that simply laughing a bit more each day can give you added energy and lead to a happier and less stressful life, all of which, according to Rodger Constandse’s “Goals to Action” contribute to greater productivity and making better use of you time. Constandse provides 17 great reasons to add more laughter to our day, especially during these turbulent times;

1. Laughter relaxes muscles - When you laugh hard, themuscles that aren't involved in the laughing relax as anatural response of the nervous system. When you finishlaughing, the diaphragm, which is the muscle that doesthe laughing, also relaxes.
2. Reduces stress hormones - Laughter is shown toreduce levels of epinephrine (or adrenaline), cortisoldopac and growth hormone in the body. All thesehormones are related to the fight-or-flight reactionthat causes stress.3. Boosts immune system - Laughter and feelings of joyhave been shown to boost levels of immunoglobulins thatare responsible for fighting illnesses and infections.
Laughter also increases the number of neuropeptidesthat facilitate communication between cells and thenervous system. Since viruses infect cells through thesame receptor sites on cells that the nervous systemuses to communicate, an increase in neuropeptides atthose sites effectively increases the cell's ability toblock viruses.4. Provides cardiac exercise - According to WebMD.com,laughing heartily 100 times provides similar benefitsas exercising for 10 minutes.5. Lowers blood pressure - A study at the University ofMaryland showed that laughing dramatically improved thelining of patients' blood vessels, improved dilation ofthe vessels and improved blood flow by as much as 22percent.6. Cleanses the lungs - The deep breathing of laughtertends to empty more air out of your lungs than is takenin. This has a cleansing effect on the lungs.7. Improves cancer survivability - Laughing increasesthe number and activity of Natural Killer cells, whichdirectly attack tumor cells. Although laughter is not considered a replacement for medical treatments, it is known to largely increase the success rates of such treatments.8. Reduces pain - Whether it is because laughterreleases endorphins, relaxes muscles or distracts aperson from his or her pain is not known yet, but it iswell documented that laughter reduces pain. 9. Lowers stress - Laughing causes the body to relaxfrom its flight-or-fight response to stressfulsituations.10. Reduced anger and anxiety - How can you be angry oranxious when you're laughing? It's both a chemical andemotional reaction.11. Increased joy - Just like you can train yourself tobe fast or strong or to have high endurance, you cantrain yourself to be happy. Laughter and an optimisticoutlook are the exercises that train you to be happy.12. Boosts self-esteem - Situations in life are mucheasier to cope with when you can laugh at them. Itisn't just the physical effects like releasingendorphins and relaxing muscles, laughing at somethingchanges our perspective of something. If you can laughat a problem or challenge, you can always overcome it.13. Sense of control - When something angers us ormakes us anxious, we tend to feel like victims. Butwhen we laugh at something, we tend to feel above itand feel as though we are in control.14. Increased emotional intelligence - According tohumor researcher Dr. Paul E. McGhee, humor is apowerful tool in managing anger and anxiety, avoidingnon-clinical depression, and for replacing negativeemotions with positive ones, which is one of the mostadvanced Emotional Intelligence Skills.
15. Strengthens team spirit - Humor and joking in ateam atmosphere, whether it's a business team, anathletic team or any other kind of team; breaks downbarriers, motivates team members, creates emotionalbonding, and eases communication. All these factorsresult in a more productive team whose members areloyal to one another. 16. Enhances communication skills - Laughter and humormake communicating easier by breaking down barriers,such as those related to status or rank, and makingawkward moments more comfortable. Humor also softensthe emotional tone of communications that are otherwisevery serious.
17. Increases creativity - Humor removes youemotionally from the problem you are trying to solveand removes the pressure caused by focusing intentlyand seriously. People think more creatively when theyare feeling relaxed and natural; humor or laughteraccomplishes this quickly. "The person who can bring the spirit of laughterinto a room is indeed blessed." - Bennett Cerf
Research shows that even fake laugher (laughing whenyou don't feel like laughing) has positive benefits.

A Person Who Risks Is Free

(ED’S NOTE: MESSAGE OF HON. RONQUILLO C. TOLENTINO, VICE GOVERNOR OF AKLAN ON THE OCCASION OF THE INDUCTION OF OFFICERS OF THE AKLAN CATHOLIC COLLEGE LAW SCHOOL STUDENTS ASSOCIATION, RIC ARA’S CAFÉ AND RESTO, AUGUST 20, 2004, ANDAGAO, KALIBO, AKLAN).

Greetings:
Fellow brothers and sisters in the Bar, officers and members of the Aklan Catholic College Law School Students’ Association, ladies and gentlemen;
It is admitted and therefore non-debatable that the legal profession and the pursuit of Law – as history and tradition have always graded and ranked – is among the noblest, the most exalted, and the most learned of profession. Justice Ameurfina Melencio Herrera, once said and rightly so, that the Bar is an order as ancient as the magistracy, as noble as virtue, as necessary as justice. But even as this is so, Justice Herrera stresses, that as others see the Bar, the profession of law has been far from popular. This would stem from the wrong observation that lawyers are fomenting disputes to promote their own interest or even retarding the progressive pace of development. And lawyers, too, are often the butt of uncomplimentary anecdotes. And there’s even a book about it titled “The Lawyer Joke Book”.

A friend of mine sent me a copy of the book which he bought at the Barnes & Noble bookstore at Manhattan, New York on July 9, 2000 I highlighted an anecdote, thus:
“Mr. Giroux, a country lawyer, had led an exemplary life, representing clients honestly and professionally, never gouging or padding his fees, and donating his services to the indigent. When he died he was whisked straight to the Pearly Gates where St. Peter was waiting for him.

“Come right this was. Mr. Giroux.” St. Peter gestured. “We’ve been awaiting your arrival, and your room is ready for you. Let me show you the sights as we walk.”

The two set out, with St. Peter pointing out the magnificent scenery, the rolling hills, the waterfalls, the eighteen –hole championship golf courses, and the blossoming, exotic forests. It was breathtaking.

“Soon they arrived at a modern apartment building that stretched hundreds of stories above the surrounding countryside. The two stepped into a glass elevator, and it rose automatically. Higher and higher it went, until it stopped and the doors opened, showing a luxurious apartment, decorated lavishly, with no expenses spared. Awestruck, the lawyer started to step off.

“No, this isn’t your apartment,” St. Peter said,

“This belongs to Pope Matthew IV. Step back in.”

He did, and the elevator rose another few floors until it reached the penthouse. There, the doors opened on an even more spectacular apartment that overlooked the vista on all four sides and contained a monorail just to shuttle the occupant around the many wings of the place. The lawyer was bewildered.

“There must be some mistake, St. Peter. This is even more beautiful than the apartment we just saw. And he was a Pope.”

“Oh, it’s no mistake,” reassured St. Peter, “We get plenty of Popes up here, but you’re our first lawyer.”
My warmest congratulations to the officers of the Aklan Catholic College Law School Students’ Association.

As elected officers, you are well aware of the biblical injunction which is off repeated that, for whom much is given, much is required. And for whom much is required, much is demanded.

As leaders of your organization, be it considered that the leadership is the lifting of man’s vision to higher plans, the raising of man’s performance to a higher standard, and the building of man’s personality beyond its normal limitations. As leaders, you should have the ability to see problem, recognize it, plan a solution, and execute that solution without having to be prompted by someone else. Consider that leadership is the ability to make people want to accept as their own the object of the enterprise of which they are part.

Even as I congratulate the officers and members of the Aklan Catholic College Law School Students’ Association, I would like each one of you to devote yourselves to the study of law and be admitted to this noble profession. For, indeed, there is no question in the Philippines that the most glamorous profession is the legal profession. You are aware of course of the Supreme Court resolution which took effect only last July 15, 2004 that those who fall the bar examinations after fifth time will no longer be allowed to take the examination forever.

Take comfort in the following words from a poem as you take a decision to take a risk to become a lawyer. These words have been handed down from one trainor to another in hundred of inspirational seminars, thus:

“To laugh to is to risk appearing the fool;
“To weep is to risk appearing sentimental;
To reach out to another is to risk involvement;
To expose feelings is to risk exposing your true self;
To place your ideas, your dream before a crowd is to risk their loss;
To love is to risk not being loved in return;
To live is to risk dying;
To try is to failure.
But risk must be taken because the greatest hazard in life is to risk nothing.
A person, who risks nothing, does nothing, has nothing, and pain but he cannot learn, feel change, grow or live. Charred by hid certitude, he is a slave. He has forfeited his right to freedom. Only a person who risks is free.

Fundamentals of Parliamentary Procedures

By Atty. Ronquillo C. Tolentino
Vice Governor-Aklan

(The article on parliamentary procedures by Atty. Ronquillo C. Tolentino is designed to make easy the understanding of an intricate subject. Atty. Tolentino had lectured on this subject in the academes, student councils, government and leadership seminars, youth organizations. His lecture had been used by other student and youth organizations.)

It is a common observation that so many people attend meetings, yet, it is a common experience to find that so few know to do or to say during these meetings. Meeting, it is said, is an art. And presiding and attending successful meeting is something that cannot be done by sheer bravado, nay, display of ignorance over parliamentary rules. Hence, there is a compelling necessity for organization members to have a study, understanding and proper application of the rules of parliamentary law.

Parliamentary law was first developed by the English Parliament Hence, the name Parliamentary Law. The rationale behind the adoption of rules of order was to make men of different ideas and opinions gather in one body and discuss matters of business in an orderly manner. Parliamentary law works in accordance with justice and equality. Majority rules but minority is always given time to ventilate their views and stand on any issue. Each proposition presented is entitled to a full and free debate. The spirit of free inquiry is observed in a parliamentary body. Merger of individual opinions into a singular resolution are evident in parliamentary bodies. Accordingly, matters, or if you will, business, can be discussed in a courteous and democratic way.

Agenda and Quorum. It is paramount importance to keep in mind that in parliamentary law only one thing must be done at a time. Likewise, in any meeting, any given organization must have a well prepared order o business or agenda. A simplified agenda usually includes, among others, the call to order, reading of the minutes of the previous meeting, the reports, and the unfinished business. In order that a parliamentary assembly may transact business legally, a quorum must be had. In most cases, unless an organization has its own way of determining a quorum, the quorum normally is the majority of the enrolled membership. In certain cases, the quorum is some other fraction of the total number of members as fixed by the organization’s by-laws and constitution.

Matters are acted in an assembly or organizations through the deliberation of a motion. By definition, a motion is a form of procedures required for the transaction of business in an assembly. A motion filed is usually formal an intended to generate action. Parliamentary law classifies motions into four types, the main, subsidiary, privileged, and incidental motion. Each type of motion has its own purpose. A main motion brings a question before the assembly for consideration. On the other hand, subsidiary motion has for its purpose the modification or disposal of the main motion under consideration. A privilege motion has no connection with the main motion. The importance of this kind of motion (privilege) is that they demand immediate attention and reply. An incidental motion is a miscellaneous motion.

Several points have to be considered in gauging whether or not a motion may be correctly utilized. Accordingly, a member should know whether he may interrupt a speaker or not if he intends to present a motion. He should know whether his motion requires a second or not; whether it is debatable, debatable for a limited time or not debatable. It is important that the member should know what vote is required to carry his motion, what other motions may be applied to it, a knowledge of the motion’s rank or precedence or what are its chances of being proposed again if lost.

In a parliamentary assembly, the proper presentation of a motion requires several steps: First, obtaining the floor. The member rises and addressees the presiding officer with his official title. Second, proposing the motion. After recognition by the presiding officer, the member formerly makes a proposal in the form of a motion. The main motion is the principal matter of business in hand. On this aspect, no other member can present another main motion on the floor. Third, seconding the motion. With exceptions, all motions need be seconded. The seconding member need not rise.

It is an obligation on the part of the presiding officer, after a motion has been moved and seconded, to state the motion before the assembly. The question is then placed before the assembly for consideration and action. Disposition of motions are done through several steps. First, the body debates and discusses the motion. It is a principle in parliamentary law that members must always address the presiding officer, must continue themselves to the question in consideration and must avoid personalities. Ideas or opinions over an issue may result into intellectual clashes and conflicts of views but it should not touch the borders of personalities inclining on name-calling, hurling of ugly invectives and epithets. During the debate, one or two speakers may speak for the motion and another one or two against. Justice and equality demands that pros and cons be heard least it would result into tyranny of one-sided ideas. Second, the body presents a secondary motion if there are any. To reiterate, subsidiary motions are raised in order to facilitate the disposal of the motion. For the time being, any subsidiary motion takes precedence over the original motion. While this is being considered, questions incidental to the business may be raised. These are called incidental motions. Emphasis is made herein that any of these motions interrupts the business and becomes the pending question. The privileged motions, however, takes precedence over the other secondary motions since it is of greater importance and since it needs more immediate attention. Third, the body takes a vote on the motion. After the debate, the presiding officer-in parliamentary procedures-the-chair – asks, “Are you ready for the question?” The chair states the motion and then the assembly makes its decision either through viva voce (shouting Ayes and Nays) vote, by the raising of the hands, through standing or by secret balloting. Unless specified by the by-laws, no motion or objection may be carried by a plurality vote.
By and large, a majority vote is necessary. When two-thirds votes are required, two-thirds of the votes cast must be in favor in order that the motion be passed. The interpretation of this from standpoint of parliamentary procedure is that twice as many are for the motion as those who are contra. Fourth, the chair announces the result of the vote.

Should there be a need to change the motion as presented either by addition, substitution or elimination, a member rises to amendment. This amendment may further be changed by an amendment to the amendment. The first is termed the primary amendment and the second, the secondary amendment. Only these two may be raised on the floor.

There are times that the agenda is not closely followed. By deviation or deflection of discussions, the agenda may not be strictly followed. In this connection, to place the agenda in its proper sphere, these secondary motions may be raised. Orders of the Day. When the member thinks that the assembly is not following the order of business, he calls the attention of the chair by calling for the orders of the day. This is a privileged motion, thus, it can interrupt a speaker. No second is required. The motion is not debatable. Point of Order. If a violation of parliamentary procedures is made in the course of business, a member rises to a point of order. If, however, the member is yet in doubt on this possible breach of rules, he may stand and rise to a parliamentary inquiry. Those two motions are incidental motions, not debatable and need no second. The member may interrupt the speaker. Appeal from the decision of the chair. A parliamentary assembly has always within such body man with variegated ideas and divergent views. The chair in a parliamentary body may be questioned on the ruling it has made. If a member disagrees with the chair about a decision, he rises and appeals at the time the ruling was made. If he is seconded, the chair reinstates the question and proceed to a vote on whether to sustain or overrule the decision of the chair. To limit, or extended debate. There are times when the assembly is be set by seemingly endless and inutile debate. Or these are times when there are lengthy debates over an issues that tax the time of the assembly. In effect, in order to discuss the question thoroughly, a motion to limit the debate is raised on the case and a motion to extend debate is presented if the sides have not been adequately considered and discussed, a member may rise to all for the previous question. This motion is not debatable, requires 2/3 vote and is a subsidiary motion. This paves the way for a vote on the main motion on the floor.

There are several motions in parliamentary procedures which may be used to defer action on a motion under consideration and sometimes used to block or kill main motions.

Among the motions to defer action on a motion, the following are commonly used: To lay the question on the table. This is to postpone consideration of a motion. This means that the body should stop its discussion on the matter and move up to the next business. The motion may be taken from the table in order to resume deliberations. The action to lay the motion on the table is a subsidiary motion and calls for a limited debate. To postpone indefinitely. A strategy to kill the motion without opening a vote. These are resorted to by those who are opposed to the main motion when they think that they will not have a majority vote. A subsidiary motion. Limited debate. Object to consideration. This incidental motion should be raised before the progress of a debate in order to stop the reconsideration of the motion. It requires 2/3 negative vote because it sets aside the fundamental rights of members to consideration to motion which they are introduced.

When a motion cannot be passed without violating the rules of the assembly, a motion to suspend the rules is raised. It should become in mind by the proponent through that the motion should not come at variance or conflict with the constitution, by-laws, or with the observed fundamental principles of parliamentary procedures. It cannot interrupt a speaker and requires no debate. 2/3 vote. It should be observed that no rule can be suspended when the negative vote is as large as the majority protected by the rule.

Like the daily class schedule, an assembly may an intermission during a meeting. This is called a recess. A motion to take a recess is a privileged motion, undebatable and requires a majority vote.