Monday, May 19, 2014

CATANDUANES, BICOL'S UNEXPLORED ISLAND

 

Catanduanes is an inverted lung-shaped island province in Luzon in the Bicol Region, Philippines, situated at 13.3 to 14.1 degrees north latitudes and between 124.1 to 124.3 degrees east longitudes
"Isla de Cobos" was Catanduanes' first name, given by Spanish conquistadores during the early part of 1573 when came upon several tribes living in the thatched huts called cobos or “kubo” in the dialect.

‘Catanduanes, is a hispanized term derived from the word tandu”, a specie of a click beetle (Stenagostus rufus)  “and the samdong tree, which were both found in abundance throughout the island. The common reference to "katanduan" or "kasamdongan", meaning a place where the tandu or the samdong tree thrives in abundance, led to the coining of the word Catanduanes  (Wikipedia).

My paternal ancestry is deeply rooted in the Province, having descended from the Masagca and Arcilla Clans on my paternal grandfather side, and from the Vargas, Talan and Sarmiento Clans of my paternal grandmother.
 
My personal travels to the island province are mostly purely to be lost in the solace offered by the almost deserted pristine beaches, and of course to keep family ties alive.


Lately, these travels have become but rare after the Legazpi to Virac flight was discontinued, that the only means of transportation is by taking the four (4) hours boat trip from Tabaco City to Virac, the capital town, or two and a half (2 ½) hours to San Andres, a coastal town on the west side.
 
Perhaps little is known of the province other than it is a major reference point for tropical storm tracking.
 
A major weather observatory of the Philippine government is in the hills of Barangay Buenavista in the municipality of Bato, Catanduanes has a lot more to offer other than its usual uncrowded unspoiled beaches, numerous waterfalls, mountains to climb, clear blue waters to dive, fresh sea produce or perhaps for the “muy loco en la cabeza”, surfing in the killer waves of Puraran in the town of Baras.
 
It has its rich share of history, legends, and distinct faith that it is a great honor and prestige for a family to have a kin following the religious life.   This spares not my own family where my great grandfather was a priest in the 19th century and the late Bishop Arnulfo Arcilla on my grandfather's side. 
 
I’ve been asking my father how some people visiting us are close relatives.  It was only shortly before his demise that he told me that his grandfather on the maternal side was a priest.  It was a great family scandal that he was disowned and my grandmother was not allowed to carry the Sarmiento family name.  But “blood is still thicker than water”, as they say that family ties have remained to be strong.
 
My paternal grandfather had once hoped that I will also become one. The reason perhaps why he lived to be a centenarian in waiting if ever I too would be a man of the cloth.
 
Just very recently I had this opportunity to be back, taking the first boat trip of the day with officemates for official business.  But in the Philippines, no business can really be purely official considering the kind of Philippine hospitality.
 
Even before the ferry boat set sail the experience is exhilarating, with the imposing Mayon volcano nearby as if watching over the ships that enter the bay. 
 

Tabaco City Port.  The jump-off point to Catanduanes
 

As the coastline of Tabaco City gradually recedes, the poetic relationship of the  three volcanoes, Mayon Volcano, Mount Masaraga and Mount Malinao (the last two are extinct) becomes more defined, as if three maidens contemplating on the calm blue sea of Lagonoy Gulf.

 

The receding coastline of mainland Albay


A few minutes out to sea, before the island of San Miguel, is a sandbar known as “Natunawan” which in the Bikol dialect means where something has melted or was vaporized.


Natunawan Island
 
It probably got its name after a strong typhoon in the 1950’s wiped out the entire community, killing everyone except some inhabitants who were at that time at the Tabaco town proper.
Now the islet serves as a resting place for some fishermen. 

BATONG PALUWAY

Near the Port of San Andres, earlier known as Calolbon, is a village called Batong Paluway, maybe for obvious reasons attendant to the image of Our Lady of Sorrows imprinted on a river stone.
 

Close up of the image on the stone

The phenomenon of the image is least known outside of Catanduanes, except perhaps for some visitors, maybe because of skepticism.
Traditions have it that two boys were herding carabaos (water buffalo) one late morning in a ricefield a few meters from the town. After racking up their carabaos to graze, one of the boys, named Pacio Socao, climbed a bilimbi tree (averrhoa bilimbi), locally known as “iba” or “kamias,  to rest from the hot sun.  
From the tree top, his attention was drawn to a gleaming object, reflecting light from 10:00 o’clock in the morning sun. He picked the object and saw a picture of a fascinating woman imprinted in a river stone. He showed it to his companion who remarked that it might be an “aswang (witch)” or some evil spirit, so Pacio threw the stone and it landed near in carabao mud puddle, or la-bugan, that is  surrounded by thick bushes and guava trees.
For a moment, the incident was forgotten by two boys but before  they left for home in the afternoon, Pacio again went near the bilimbi tree and there he again saw the stone with the imprint of a beautiful woman’s face.  He picked up the stone and placed it inside his pocket.
When he got home he tucked the picture up between the nipa (palm leaves) shingles roof of their house.  Early in the evening, his mother was surprised to see iridescent light emanating from the roof.  She called her son to see what the light was.
Pacio obeyed and found out that it was the stone he inserted. His mother, Maria commonly known as Bengge, kept the image inside their “baul” or wooden chest used to store clothes and valuables.
At this point, Bengge remembered that while harvesting rice in the morning, she and other people heard a loud ringing of church bells from nowhere.  This she believed was when her son found the image.
A few minutes later, they started to smell a rare sweet odor, a fragrance that is not similar nor equal to the sweetest scent of blooming flowers in the morning. They later discovered that the sweet odor was emanating from the trunk where the image was kept.
They put out the image and enthroned her on their altar. The picture started to radiate more beautifully, with her forehead prominently and partly covered by a blue and white veil. A mole is sometimes seen on the forehead and many have seen the image wink. The lady has long eyelashes which made her even prettier.
But actually a mole is now clearly visible on the image’s right fore-finger.
The people while accepting the apparition were reluctant to openly manifest it, were it not for the coming of the first wave of pilgrims from the coastal towns of Albay and Camarines Sur.
They came in sailboats known as “parao”.  With them were sick people who believed that they can only be healed by a woman named Maria.  They knew of this when a middle-aged woman, nicknamed “Bengge” came to their houses to ask for alms and many form of material aid so she can start building a chapel in honor of “Our Lady of Sorrows” (Nuestra Senora de Dolor). 
This surprised the natives for never had Bengge traveled far to reach the mainland, except in the places within the confines of Calolbon.
When the venerated miraculous image of Our Lady of Sorrows was enshrined there another miracle happened. At the base of the Iba tree (at the foot of the altar), flowed out a spring of clear water. At that time, the Iba tree was almost dead down to its deepest roots and leaves from the people getting its parts for medicine.
The water from the spring was curative. There were instances of miracles experienced by those who came to the place where the miraculous picture was enshrined.
For so many months, many sick people went there and donations poured in that as days passed there is now enough money to build a chapel on the spot where the miraculous picture was found. The place was at that time called Culapnit (now part of Batong Paloway).
With the waves of pilgrims bringing with them offerings of rice, oil, and animals for food the family who found the image lived in abundance. They had trays of coins and baskets of donations. Unfortunately, their wealth and abundance became their obsession and they spent the donations on luxury, even defying the orders of the local priest.
The priest was furious and ordered that the image be brought to the town and enshrined in the town’s parish church.
Another miracle witnessed was when the image was brought to the town and presented to the priest in the convent. From nowhere water flowed from the image of Our Lady of Sorrows forming a cross.
The picture of Our Lady of Sorrows seems to be painted on a flat hard river stone, about 2 ½  ” x 3 ½ ” in size.  It appears to be freshly painted and laminated by synthetic glossy material but the reverse is of coarse texture though also flat.
Light seems to emanate from within rather than be reflected.  Skeptics may say that it was painted by some local artist. But the quality and luminosity had remained constant through the years and with the least protection from the elements.


The image in its recent frame, changed three times
to accommodate the growing image 
 

 
T
To this, I can attest as when I first saw the image some twenty-five years ago the details can only be seen clearly through a magnifying lens that can be conveniently borrowed in a store across the chapel.
Now even the mole on the Lady’s right forefinger can be clearly seen.
One interesting thing I have noted in the image is the serenity and calmness of expression of the Lady, similar to that in Michelangelo’s “Pieta”, where “the portrayal of pain had been connected with the idea of redemption”.
Stories are told that the Lady at times refuses to be photographed, especially by people of impure hearts.
I might be lucky to have taken a clear photograph of the image for the first time, using then an SLR camera, under unfavorable lighting conditions.

The image was enshrined at the town’s church and was returned only during the term of Rev. Fr. Andres Tablizo in 1938-1941 upon the appeal of the natives of Batong Paloway.  These people were insistent on getting back their patroness, the Our Lady of Sorrows, for they experienced and witnessed bright rays of light coming from the altar at their chapel happening usually after six in the evening. These signs were enough to strengthen the natives’ rights to claim as their own patroness.
 

Façade of the Chapel of Our Lady of Sorrows

 


Recently added at the main altar is a mural depicting Christ's
Crucifixion, with the Lady of Sorrows and St. John the Apostle

 
 
 
Despite the absence of documented events and experiences of the miracles and favors granted to the faithful, still devotees flock to the place where she resides. Friday is the special day preferred for it was the day when the stone was found.  (With excerpts from the write-up posted in the Batong Paluway Chapel).
 

LUYANG CAVE
 
Along the San Andres to Virac Highway, at the Sitio of Lictin, is Luyang Cave which is a mute witness to a bloodless massacre of the natives who fled from the marauding Moro pirates in the 17th century.
Tales say that in the 17th century it was the cave that is used as a refuge by the natives from the marauding Moro pirates.
To be warned early of the arrival of Moro pirates, lookout towers were built in coastal areas.  Thus the natives at Palawig, a village on the cost, had the head-time to take refuge in the cave up in the mountain.  One time the marauders were however able to follow them to the mouth of Luyang Cave because of the gains of rice that trailed as they fled.
Afraid to enter the caves, the Moros instead heaped on the cave’s entrance sili (Capsicum annuum) plants that grow abundantly in the area and set it on fire, thereby suffocating the refugees.
A requiem mass is celebrated in the grotto inside the cave on April 26 of each year in memory of the massacre.
Even in modern times, there are still tales of unexplained occurrences in the area attributed to the restless souls of the victims.
 
 
HOLY CROSS OF BATALAY
 
 
Batalay is a coastal village in the town of Bato in Catanduanes which may be a side trip on the way to the surfing area of Puraran, Baras.
Recently unveiled and blessed is a marker dedicated to Fray Diego de Herrera, the Augustinian missionary martyr whose remains are buried at the Shrine of the Holy Cross in Batalay, Bato.
 
The marker is mounted on a big boulder unearthed at the mountainside at the back of the shrine. A map of Catanduanes is drawn underneath the marker, with a drawing of a cross alongside it. The rock serves as a symbol of the Catholic Church, the Rock that is St. Peter.
 
Marker at the Shrine of the Holy Cross
The unveiling of the marker comes 438 years to the day after the Spanish galleon Espiritu Santo, where Fray Herrera and nine other companions had embarked in Mexico, but were shipwrecked at the reef of Nagngangang Buaya (crocodile with gaping mouth) point in Bato town in the year 1576.
Fray Herrera, a missionary from Toledo, Spain,  belonged to the Order of Saint Augustine and was known to have been one of the members of the expedition of Miguel Lopez de Legaspi. He first came to Manila between 1571 and 1572, said the first mass and became the founder of the Monastery of San Agustin, the oldest church in the country.
“According to Rev. Isacio Rodriguez, all the Augustinians perished, with all survivors speared by the natives of the island. But witness Marion Goyena del Prado said that the survivors were stranded in Batalay, a native “balangay” where they were given shelter and provisions by the ruling datu.
‘This is close to the belief that Fray Diego de Herrera lived for some time in Batalay but suffered martyrdom at the hands of the natives when he tried to introduce religion. Legend has it that when the missionary’s companion planted a wooden cross on his burial site, a spring of clear water suddenly burst forth, which the natives regarded as an unusual phenomenon. The natives were later punished by a school of swordfish which attacked and killed many of them.
‘The story goes that between 1840 and 1860, Bishop Grijalvo of Nueva Caceres ordered a monument constructed over the grave of Fray Diego but it could not be located. Many attempts to plant a cross on what they believed to be the right spot failed as the cross would not stand. When the cross did remain standing, the natives dug beneath it and found a human skeleton, supposedly the remains of the martyr.
 


Water that flows from the spring at the grave of Fr. Diego de Herrera.  The Augustinian missionary's tomb
beneath the church's altar used to be accessible at any time to the public. Now the
water from the miraculous spring has been piped out for the public after the grave has
been enclosed in iron grills.

 

‘Pilgrims placed the bones on the painful parts of their bodies while some cut off parts of the cross, with many more bringing empty bottles to be filled with the supposed miraculous water from the spring. To prevent the cross from being reduced further, it was encased with hardwood and now rests on the altar of the shrine.

The still-to-be-finished church of Batalay



‘On April 21, 1973, on the fourth centennial of the death of Fray Diego de Herrera, a decree was signed by Msgr. Teotimo Pacis, bishop of Legaspi, declaring the Holy Cross of Batalay as a diocesan shrine. The National Historical Commission also installed a marker on the façade of the chapel (from write-ups posted on the shrine)”.

National Historical Commission Marker in Memory of
Fr, Diego de Herrera

 
 



 

 
 
 
 
 
 
 
 
 
 
 
 
 
It is not in the write-ups but it is widely known that as punishment for the murder of Fray Herrera and other missionaries, the village of Batalay was attacked by a school of swordfish.  Old folks say that there was no way of running away as the land where the fishes landed had become part of the sea.  Some took cover behind banana trunks where the swordfish got stuck.  But those who ate the stuck fishes nonetheless still died of poisoning.
My mother said that travelers to Catanduanes in the early part of the 19th century can still see underwater the houses that were taken by the sea as the swordfishes attacked.
During my first visit, the irregular contour of the coastline along Batalay suggests this phenomenon.   But this is no longer so noticeable with the new houses built near the coastline.



BEACHES, SURFS, AND FALLS

Island provinces are inexistent without beaches to boast of. Catanduanes has many affordable and accessible beaches, that one can even have a beach all of his own even in the summer months and melancholically watch the big red sun sinks in the west. 
The best beaches are those that line the southern base of the island province, where the sea is calm.   The eastern coast to the Pacific Ocean is more for surfing, and the western coast is not ideal because of the sea current swell in the Maqueda channel

Foremost is Twin Rock Beach Resort at Bgy. Igang, and other resorts all the way to Magnesia, Mamangal and Palawig.

 

Twin Rock Beach Resort in Igang, Virac, Catanduanes 

 

Surfing for the neophytes
 
 
 

Even in peak summer months, one can still have a beach all for himself to contemplate of life's blessings
and regain one's sanity.
 
 
Virac, the capital town of Catanduanes has it own share of progress through the years, give or take the frequent electric power outages. But it has kept itself clean even in remote villages.

 


Virac covered court, structurally and aesthetically beautiful by a lady Engineer
to withstand Bicol's traditional typhoons.
 
 
Maybe this is the cost of clean energy, as the province dominantly sources its energy requirements from hydropower plants.  I wonder if the Province will still pursue its plans of tapping wind energy.

 

Virac Cathedral of the Immaculate Conception with its recently added dome.


One thing that is admirable of Catanduanganons is how they keep family ties alive and the cohesiveness of its people, politically or culturally like the Ilocanos and the Visayans. 
Perhaps in the entire Bicol Region, it is the only Province with the most family or clan re-unions held every summer months, and clans from Catanduanes even have their own accounts in popular social networking sites.
I for myself though have not grown in the Province, my family name is enough for me to be warmly called a Catandunganon. 
It however always brings a smile to my lips when people upon knowing my family name would ask if I am also good in the arts --- what seems to be characteristic of the Masagca and Arcilla clans.

Truly I am at home here…

 



Sunday, February 23, 2014

THE DEBATES ON LIBEL


Jaime E. Masagca

#advocatusdiaboli

#chasinglightschasingdreams


 

 
On February 18, 2014, after imposing a 120 days Temporary Restraining Order (TRO) the Philippine Supreme Court (SC) upheld the constitutionality of most provisions of Republic Act 10175 or the Cybercrime Prevention Act of 2012.

The constitutionality of R.A. 2012 was challenged before the high court by nitezens, lawyers, and cause-oriented groups all in the context that the cybercrime law infringes on the freedom of expression.

"The SC ruled that the controversial provision on online libel is constitutional, but is subject to one condition: only the original author, not those who receive or react to the post, can be penalized".

Fair enough as a mere recipient of a message, willing or otherwise, cannot be faulted for something that is not of his authorship. Neither can he be morally responsible for any impression that the same elicits in his mind.
 
The shield as defined by the ruling extends to recipients who even with ill will or malice reposted the defamatory material through sharing, liking, or re-twitting provided that no new defamatory posting is created by the remark added.

The Supreme Court admitted however that prosecuting those who simply receive and react to defamatory social media posts would be difficult if the complexities of cyberspace are ignored in the crafting of a cyber-libel law.  So it was really the difficulty of prosecuting rather than the morality of the subsequent acts that set the boundary of criminal liability.

Three provisions were however voted down as categorically unconstitutional:

Section 4 (c)(3), pertaining to unsolicited commercial communications; Section 12 on the real-time collection of traffic data; and Section 19 which pertains to restricting or blocking access to computer data primarily by the Department of Justice without a court warrant.

The SC in its ruling said, "that granting power to the Department of Justice to restrict computer data on the basis of prima facie or initially observed evidence was not in keeping with the Constitution."

This ruling on online libel was met with indignation by many netizens and some lawmakers who expressed disappointment that the Court upheld online libel as a crime, but however, hailed the decision against the two controversial provisions.

I wish to reiterate the observation that in Philippine society, justice or righteousness is premised on whoever is favored, rather than on the objectivity, logic, or fairness of a decision.  How some sectors met the court ruling is characteristic of this idiosyncrasy.

“Don’t imprison libel offenders.”

The Supreme Court decision renewed the call of activists and journalists to decriminalize libel, or to remove the penalty of imprisonment.

Senator Juan Edgardo Angara, an author of the cybercrime law in the House when he was Aurora province’s representative, said "online libel is necessary but offenders must not be imprisoned. 'Imprisoning a person convicted of libel might prevent him or her from digging into issues and concerns,  that with the deep investigation, might expose anomalies and abuses.”

Correct, as this is the main constraint among would be "whistleblowers" to expose anomalies in government agencies. The parties complained of can conveniently cry "libel" to impeach a legitimate witness to an anomaly.

The definition and elements of the felony both in the Revised Penal Code and Cybercrime Prevention Act of 2012 should therefore be reviewed rather than focus merely on its penal sanction, at least to encourage the culture of whistle-blowing in the bureaucracy and consequently prevent charges of libel from being used as a dagger by the corrupt instead of as a cloak for innocents.

Senator Angara further said that "In a country where democracy is primarily infringed on the freedom of speech and expression, in a State where the media is considered the fourth state, it is a sad reality that existing laws on libel have not been attuned to the evolving needs of the people under a democratic rule and the rising importance of media in effecting transparency and accountability in governance".

 
From another perspective, would decriminalizing libel not have a corresponding adverse effect on the civil consequence of criminal liability?

Senator Miriam Defensor-Santiago, a constitutional law expert and former trial court judge, has termed the ruling as erroneous as the provisions on online libel "violated two principles of constitutional law against vagueness and overbreadth", which “in case of doubt, the doubt must be resolved in favor of freedom and against restriction. That is the meaning of that wording. Otherwise, there is no reason why the framers would have used that kind of terminology and would have placed it as Section 1 of the Bill of Rights."

She added that the ruling posed "a very significant constraint" on the fundamental rights to free speech and free expression enshrined in the Constitution.

It's strange how the distinguished Senator claiming to be an expert on the law has vowed the abolition of the cybercrime law or online libel without any reference to the Revised Penal Code (RPC) provisions on libel when "posting" is synonymous with "publication" as one of the elements of libel as defined and penalized under the RPC.

Internet freedom advocates have found an unlikely ally in the son of former President, Ferdinand E. Marcos. Senator Ferdinand "Bongbong" R. Marcos, Jr. has filed a bill seeking to scrap the provision imposing a penalty for online libel higher than that imposed for libel committed through print and broadcast media that would reduce the penalty for online libel.

“The Internet, particularly social media, is the closest thing we have to the Athenian brand of democracy, where everyone can speak his mind freely. I think the Senate should give a high priority to bills seeking to protect freedom of expression in cyberspace", said Sen. Marcos in a press statement.

The young Senator objected to the provision in the anti-cybercrime law that imposed a higher penalty for cybercrimes compared to crimes defined under the Revised Penal Code and special laws, as it was “not in accordance with the principle of justice and equality and sound public policy.

‘If a crime is committed through and with the use of information and communications technologies, then the penalties provided under the present laws should be imposed accordingly and should not be increased solely on the ground that the crime was perpetrated through the use of cyberspace,” the Senator added.

It perhaps escaped the Senator’s appreciation that any damage to one’s morals committed through cyberspace is instantaneous and far-reaching compared to the effects of ordinary publications on billboards, print, or even the broadcast media. 

This is more in keeping with the Philippine justice system, the same way that criminal laws have graduated penalties proportionate to a crime.

Less serious physical injury carries a lower penalty than Serious physical injury, or murder has reclusion perpetua and reclusion temporal for homicide.

Senator Edgardo Angara, a co-author of the law has pushed for his bill seeking to amend Article 355 of the Revised Penal Code, which penalizes those found guilty of libel with 6 months to 4 years imprisonment or a fine ranging from P200.00 to P6,000.00. Senator Francis Escudero of Sorsogon has filed a similar bill.

Human rights lawyers and international groups like the United Nations Human Rights Council urged the Philippines to decriminalize libel, saying the prison penalty is excessive and violates freedom of expression.

Teofisto “TG” Guingona III was the lone Senator who voted against the law but however refused to comment on the Court ruling until he reads the entire decision.

Yet Senate President Franklin Drilon, a former Secretary of the Department of Justice, does not see any need to amend the cybercrime law’s online libel provision.

"Leave libel laws at that. 'Judges do not impose the penalty of imprisonment in libel cases anyway. 'In libel cases, the judges would not impose prison terms because there is an alternative, imprisonment or fine, again subject to confirmation. 

My understanding is that libel as a crime would not call for the imposition of a prison term,” he said, but refusing to weigh in on the free speech and free expression debate.

“Some believe libel is necessary in order to safeguard, to protect the character of people, others believe it’s part of freedom of expression. Let’s leave it at that. We have the libel law, we have the cybercrime law sustained.”

President Benigno Aquino III said, "curbing freedom of expression is not the intent of the cybercrime law, and that the Internet, as a medium, should not be given special treatment compared to other media."

‘So if there's something wrong in what you say on TV or radio, or what you write in newspapers or magazines if you move formats, should you be exempted? I don't think you would agree with that. Why? Because that gives unequal protection to violators. (President Benigno S. Aquino III, Rappler.com).

Lawyer Raymond Fortun, a renowned wedding photographer as well and who has gained prominence as defense counsel in President Joseph Estrada's plunder case, as well as being the spokesman in a recent controversial case, has the most logical view, which I took the liberty of quoting here:

"To reiterate, online Iibel WAS a crime as early as 1932. RA 10175 only made it clearer. Neither should you get mad at the Supreme Court; the latter actually clarified that only the ORIGINAL AUTHOR can be charged for online libel and not those who like, share, or re-tweet the post.

'If libel is an exception to Free Speech, there are also a lot of libel protections. The most important protection is called the "public figure" doctrine, which provides that the FAIR DISCUSSION of a public figure is NOT libel in the absence of actual malice. A "public figure" is defined as someone the public will talk about because of his position, professional or business status, his celebrity, his having wittingly or unwittingly placed himself into the limelight or his becoming involved "in an issue of public interest".

'So yes, in the absence of actual malice, you can call your favorite senator an "idiot" or your favorite lawyer as "abogago". But I suggest that you state your reason/s for doing so to avoid an accusation that the outburst was fueled by hate, resentment, scorn, or with intent to shame or ridicule him without basis. And sorry to say this, but cursing and hurling invectives at someone, even over the internet, have been libelous for the past 82 years.

'Malice" is a term used to indicate the fact that the offender is prompted by personal ill-will or spite and speaks not in response to duty, but merely to injure the reputation of the person defamed. That a person had an intention to injure the reputation of the offended party may be shown by the words used and circumstances attending the publication of the defamatory imputation (Atty. Raymond Fortun, Legal Article, NETIZENS, SAY HELLO TO THE "PUBLIC FIGURE" DOCTRINE, Facebook account.)."

With these recent issues, the nature of "libel" had been a popular topic in cyberspace. I can't help but think when I, with 18 others and a national television network was maliciously charged for libel. But in an apparent "accommodation resolution" the prosecutor downgraded it to "intriguing against honor". We the defendants howled in protest for we believed that a libel case is more glamorous than being prosecuted for being "intrigueras de primera".

During arraignment, we chorussed "Not guilty, your honor!", that the presiding Judge almost laughed out loud. We were acquitted after several years of trials, postponements, replacement of Judges, and after 3 co-accused died, all for a malicious case that carries with it the penalty of aresto menor or a fine not exceeding 200 pesos if convicted.

The complainant however died a miserable death after suffering for sometime. MORAL: NO MATTER HOW TRIVIAL IS THE CHARGE DON'T BE A FALSE WITNESS AS THE COMMANDMENTS SAY. "CARMINA VILLARUEL or CARMI MARTIN" (KARMA) WILL ALWAYS BE UNFORGIVING AND THEY COME SO SWIFTLY.

Online libel a breach of human rights? In spite of having been a victim of unwarranted litigations for libel, I still subscribe to the wisdom of the Supreme Court in its just ruling on the constitutionality of the Cybercrime Law, a ruling that is ethically consistent with Philippine laws and jurisprudence.

What really are the opposite of the Cybercrime Prevention Act afraid of, when the best way to avoid prosecution is to confine that right of expression within the bounds of responsibility and accountability?  

As a right is never absolute it is not proper to hurl invectives at another but refuse accountability.

As admonished by the high court in its 50-page decision dated February 11, 2014, “Make no mistake, libel destroys reputations that society values. If allowed to cascade on the Internet, libel would destroy relationships and, under certain circumstances, generate enmity and tension between social or economic groups, races, or religions, exacerbating existing tensions." The court however added that "legislators should be careful in constructing a cyber libel law so that freedom of expression is not be trampled on".

Outside of the legalistic discussions on the merits of the Supreme Court ruling or arguments on the morality of the law, still, it is basic in any sane society that the right of one ends where the right of another begins. Freedom of expression so ends where the dignity and honor of another are to be protected, including that of the State, its officials and employees though "a public official, more especially an elected one, should not be onion skinned (in Nemesio Yabut, et al vs. Office of the Ombudsman, G.R. No. 11130, June 17, 1994)."



THE POST EDSA i, My Memoir

Me as a young Nationalist Democrat recommended to rejoin the bureaucracy for nation building (inspite of my hesitation and desire to be back...