A Wounded General

The unfortunate death of former Chief of Staff General Angelo T. Reyes has caused the public to doubt whether Senate investigations are really designed to help make good laws or are they being used by some legislators as springboard for grandstanding and/or personal vendetta. When TV cameras start to roll and the hearings are simulcast live in a cable channel, is it really all about the right of the public to know on matters of national importance? It is my honest view that the recent legislative investigation on the ‘plea bargaining’ controversy has been poorly conducted by the Senate. Some senators were flagrantly grandstanding and obviously in a power-tripping mode.

Apparently, when the late Secretary was invited to appear in the Senate inquiries he had no inkling whatsoever that he was to be grilled by Senators Jinggoy Estrada and Antonio Trillianes. Going there, he was assured that the inquiry would center on the anomalous and highly irregular plea bargaining agreement entered into between former AFP comptroller General Carlos Garcia and the office of the Ombudsman. In fact, according to Retired Commodore Rex Robles in his eulogy last night recounted that the Secretary was not comfortable being called upon as source person in this matter. He was worried he could not contribute much. He attended otherwise, as we all have witnessed. Sitting there, he never thought he had more things to worry upon later on. Much to his chagrin, Senator Jinggoy Estrada had more business than just inviting him. That day had all the elements of a telenovela episode. Soap operas will never lose vengeance and retribution. It’s a plot we adopt even in real life. Even in the Senate, unfortunately.

Coming out in a wheelchair, the melodramatic mood slowly set in as the curious public patiently waited for what he had to say. Of course, the Senate is no neophyte when it comes to star or surprise witnesses. Remember Clarissa Ocampo? All had their time to shine. All had their time to tell their stories. And so it was Colonel George Rabusa’s time, a former budget officer of the AFP and incidentally, a kumpare of Secretary Reyes. Admittedly not coming with clean hands, this star witness declared that he did not only help in squandering the AFP funds but he also gained from it. And now that karma has found its way to his life, he was now ready to squeal it all out. After brief parliamentary incantations from the Senators, and a few sketches on the inner-workings on the AFP, the plea bargaining agreement which was on the agenda that day, was successfully set aside. Now, all were yakking on the rotten system of money squandering and funds conversions within the AFP. Out of a sudden the clueless general was being accused, among others, of accepting pabaon and pasalubong during his stint as AFP Chief of Staff. Rabusa recounted, that due to the pabaon system, the late Secretary was 50M richer when he left the AFP. All of a sudden, all had their fingers pointing at the late general. In a desire to redeem himself, he pleaded the committee if he could ask a couple of questions for Col. Rabusa. He said, “Ako po ba’y naging ganid? Ako po ba’y naging suwapang? Ako po ba’y nanghingi?” The late Secretary obviously felt like a helpless lamb before a group of cannibals wanting to gnaw his every limb. He was like gasping for his breath when he said, “Mr. Chairman it is my reputation that is at stake here.” But was smashed to death when Senator Trillianes said, “No, you do not have any reputation to protect here.” Now, the general was facing a battle without a battalion of soldiers to call on to. He was facing a war alone and his military instincts proved futile to his avail. Unlike him, his enemies were all ready for war that day. That day however ended like any other Senate inquiry…all media hype, endless bickering, tainted reputation and a public clamoring for more.

In a later interview, Rabusa, with some hesitations but with insistence upon Karen Davila, added that the general’s wife and his family also allegedly benefited tremendously from these corrupt practices in the AFP. Col. Rabusa also recounted in a casual manner how he splurged AFP funds by ingratiating the general’s wife with travel allowances upon her request or when he treats occasionally the general’s sons for a boy’s night-out. All of these happened when the late general was the head of the AFP and GMA was commander-in-chief. After these revelations, public outrage was now evident in all social networking sites. And the ill feelings of the public towards the late Secretary, as he was associated with the infamous administration of GMA, was revived again.

Personally, I know where Senator Trillianes is coming. His passion and resolute commitment to reform the ranks of the AFP has caused him jail time and alienation from the public. Being one of the leaders of the 2003 Oakwood mutiny, Senator Trillianes is well-versed with issues of corruption in the AFP. Just like the sentiments of the RAM boys during post martial law years, the idealist senator blames the high ranking officials of the AFP for causing an indelible blot in the name and reputation of the military as an institution. Of course, we all know he was too fed up of the vicious cycle of corruption in government, the AFP in particular, the very institution he belongs in. This however is neither a justification nor an excuse of the way he acted and ridiculed the person of the late Secretary. He must remember that as a legislator, the Senate is a different battlefield.

Very briefly, let me point out the constitutional underpinnings of a legislative inquiry. In our constitutional scheme, Congress is vested with the totality of legislative powers. Basic is the rule that its primary tasked is to pass laws. That’s the general rule, at least. But the constitution made it sure that pursuant to its law-making function, certain incidental powers are needed so that Congress may accomplish its purpose. Among the incidental powers of Congress is the power to conduct legislative investigation in aid of legislation. But what is the purpose behind legislative inquiries vis a vis legislation? In one of the landmark cases on the subject the Supreme Court opined that, “A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change and where the legislative body does not itself possess the requisite information ─ which is not frequently true─ recourse must be made to others who possess it.” Thus, the 1987 Constitution under Article VII Sec. 21 expressly provides that, “The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.” It was only under the 1973 Constitution, and of course the 1987 Constitution, that the power of legislative inquiry has found its place as an explicit constitutional provision. This is not to say however that such power did not exist under the 1935 Constitution. Even before, although there is no provision in the 1935 Constitution explicitly granting Congress the power to investigate, the rule was such power can be inferred from the express power of legislation.

Just like any other power, the power to investigate is likewise susceptible to abuse if placed in the hands of irresponsible leaders. Time and again, we decry the conduct of legislative investigations. Witnesses were unfairly treated and subjected to public humiliation. Some egoistic legislators for obvious reasons tend to intimidate witnesses by citing them in contempt if they refused to cooperate. It is for this reason that under the 1987 Constitution the prevailing view is that said provision is not to grant power but in fact to limit its exercise. Specifically for the protection of persons appearing before legislative investigations, three limitations are in place: (1) it must be in aid of legislation; (2) it must be in accordance with its duly published rules of procedure; (3) the rights of persons appearing in or affected by such inquiries shall be respected.

The legislative power of Congress is broad and well-nigh unlimited covering almost everything within its reach subject only to the limitations set forth in the Bill of Rights and the constitution itself. On the basis of this premise, the power of investigation which flows directly from the express power of legislation can be understood in this light. The first limitation that the legislative inquiry must be ‘in aid of legislation’ speaks of the requirement by which the legislative body or any of its committees acquires jurisdiction over the subject matter pertinent to the inquiry. It does not say much actually towards the protection of witnesses or resource persons summoned to appear before any legislative investigation. Because of the doctrine of separation of powers, the long standing rule is that every legislative investigation must be presumed in ‘aid of legislation’ except in cases which comes under the expanded jurisdiction clause of the Supreme Court─ when there is grave abuse of discretion amounting to lack or excess of jurisdiction on the part of Congress in the exercise of its powers.

The second limitation that the legislative investigation must be ‘in accordance with its duly published rules of procedure,’ talks about the basic requirement of due process under the bill of rights. Here while the constitution recognizes the power of Congress to make its own internal rules the same must be published so as not to offend rights of private person appearing before legislative inquiries. Publication is an essential requirement of due process for it gives notice to private persons whose rights might be affected during investigations.

The last limitation on legislative investigation is that “the rights of persons appearing in or affected by such inquiries shall be respected.” According top Fr. Bernas, “this is just another way of saying that legislative investigation must be subject to the limitations placed by the Constitution on governmental action. And since all governmental action must be exercised subject to constitutional limitations, principally found in the Bill of Rights, this third limitation really creates no new constitutional right.” In any event, the rights protected therein cover the right against self-incrimination, right to privacy, right against unreasonable searches and seizure and of course, the right of due process.

I do not dispute the fact that plea bargaining agreement is a legitimate subject for legislative investigation in aid of legislation. Remember the “Brunei beauties” controversy in the 90s? As absurd as it was, that too was presumed to be in aid of legislation. Certainly, massive corruption in the government like in the AFP deserves proper investigation. But Senators must be circumspect and knowledgeable of the fact that they wield awesome powers because of the institution they belong. Apart from the power of legislative investigation, legislators too are granted parliamentary immunity for any speech or utterances made within the halls of Congress. Thus, Article VI Sec.11 states in part, “No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.” Pursuant to this provision it appears that a senator has unbridled right to question or even malign a resource person with impunity. For this he cannot be charged in any court of law for his libelous remarks against a witness appearing before legislative inquiries. (Will the majority of the Senate punish Senator Antonio Trillianes for his below the belt remarks during the inquiry when he said, “No you don’t have any reputation to protect,”? I doubt it!)

I have yet to see the published rules of the Senate blue ribbon committee. In an interview, Senator Joker Arroyo former chair of said committee, laments that the rules of the committee should be amended to ensure that the right of a resource person libeled during a hearing will be protected. It appears that the present rules of the Senate blue ribbon committee is patterned after the 1935 Constitution which clearly did not provide for the protection and respect of the rights of persons being summoned. Hence, under the existing rule, a resource person is prohibited to examine or cross-examine any of its witnesses. “The resource person's right to defend himself on the spot is curtailed. If at all he can exercise it, he does so not because he is entitled to it but by the grace of the chairman, who may even disallow it,” said Senator Joker Arroyo. As mentioned earlier, the express provision on legislative investigation in the 1987 Constitution is not a grant of power but a limit to its exercise. The excesses committed in the past prompted the framers of the 1987 Constitution to erect limitations that may check the abuses inherent in any legislative inquiry.

On that note, I still believe that the Senate inquiry must not in anyway be hindered by this unfortunate death of the Secretary. In fact, while I understand that the family is still in mourning, the Senate must still continue to probe on this matter, even if it needs calling the general’s wife. After all, she benefited from it. However, again I believe certain decorum must be afforded during these investigations. I sincerely believe that because of this tragic event, the Senate must reexamine its rules and guidelines with respect to persons appearing before any legislative investigation. Respect breathes respect.

POSTSCRIPT: Last week, I posted an entry here which alludes more particularly to the death of my beloved father. As I watch the necrological services on cable channel, I cannot but share a tear or two for them. Of course, my brothers and the sons of the Secretary Reyes may not be the same in several aspects with respect to the death of our respective fathers. But I am sure that we share the same sorrow and grief of losing a very loving father. In this level, differences are narrowed down and similarities fall in one category, simply, we are sons who lost a father. It is probably why I understood why Mark Reyes, in his eulogy for his late father, defended him amidst the Secretary’s apparent suicide. He said and emphasized over and over again that his father was a Filipino public servant who tried his best to work in a very flawed system. But while I share the same sentiments of trying to leave a good legacy to his father’s reputation tainted by the recent events, his words did not win me over. In fact, it made me more thinking. Of course, we can always pray he should not have ended his life and defended himself where he could be rightfully heard. In the Senate, you must realize, he did not categorically deny he did not receive any of the pabaon or the pasalubong. In fact, he blurted out a rather ‘double-bladed’ answer when inquired upon. He said he did not ask for it nor did he ask for more, which therefore suggests, that other AFP chiefs may have asked for it or were greedy to ask for more. Come on, 50M pesos was an unimaginable amount especially for soldiers fighting with all-worn out boots or living with a 1000-peso monthly allowance. Again, of course, we all want him to say his piece. If only he did, then maybe, his son would not have to do it for him.

My father was no general, no secretary, did not have any of his father’s educational attainments, but I did not have to defend my father on any occasion- especially at his death. As far as I can recall, our family was overwhelmed with too much good words upon his death. In fact, in my eulogy, what was left for me to share, was how good a father he was to us three. And he was. I bet Secretary Reyes was too. Amidst the controversies, I believe, that must have been a good way to end it. He was a good father. In that battlefield, the young Reyeses can definitely put their names on the line. It was a playing field that they can attest to and that no one, not even "a one single-amoeba" has the right to question.

References:

The 1987 Constitution: A Commentary by Fr.Joaquin G. Bernas, SJ
Philippine Political Law by Justice Isagani A. Cruz
Philippine Daily Inquirer

The next on the rack: "After 100 years. . .What Next?" by Salvador H.Laurel

This November 29, 2010 marks two momentous events: the 82th birth anniversary of the late Dr. Salvador “Doy” Laurel, Former Vice President of the Republic of the Philippines and the launch of his book, “After 100 Years…WHAT NEXT,” the last on the rack. Ceremonies will be held on November 29, 2010 at 5:00 p.m. at the Turf Room, Manila Polo Club, Makati City.

Here’s a glimpse on “After 100 Years…WHAT NEXT,” culled from the Prologue written by Celia Diaz Laurel:

Doy wrote “After 100 Years…WHAT NEXT” in 1999 after his term as Chairman of the Philippine Centennial Commission came to an end.

The gestation of this book – WHAT NEXT – was however interrupted by the making of two other books “China Update ...2000”,published on September 2000 and “Through Ordeal And Turmoil” which was published in 2002.

A scrupulous critic of his own works he had scribbled many marginal notes on the manuscript which he laid on his desk ready for printing.
Everything came to a halt when he was suddenly taken ill and had to be flown to Stanford, California for treatment. After two months of countless tests he was finally diagnosed to have lymphoma and chemotherapy was prescribed.

June 2003 to January of 2004 were painful and agonizing months for Doy and for those who loved him who stood by him as he bravely fought his last battle. He was lucid to the end. His concern for his country was always foremost in his mind.

He took to scribbling little notes on his yellow pad while he was still able to write. One of them read:

"I am reminded not only of the awesome and humbling reality that all you have is your faith in God and your fighting spirit and the love of family and friends, and the continuing concern of what is happening to our country."

The next time I saw the book was after Doy’s final trip home. I remember dreading to enter our room alone – without him. As I entered our anteroom I felt strongly drawn to his desk. It was as neat as always, but there – sitting in the center of the desktop – was the manuscript of WHAT NEXT – where he had left it.

I sat on his chair and gingerly opened the book and carefully read each page.

In his introduction he wrote:

"What is our vision for the next 100 years? What can we do to realize that vision? The answers will not come easily nor will they be similar.
This book is a modest contribution for the search for answers.
I have endeavored to outline the dominant themes that preoccupy scholars when they think about the future. I am not a futurist and I do not pretend to be one. I have written this book based on the situation I perceive the world and our nation to be in and how I can deal with the realities of the present and of the imponderables of the future. No doubt, writing this book was a 'learning and planning process' in the broadest sense of the words – research, exploration, discovery, education and a sense of participation in the community of concerned citizens who desire 'a brighter, newer, world.'”

As I went on to read from chapter to chapter – I was overwhelmed by the uncanny feeling that Doy had written this book as his legacy to the Filipino people he had sworn to serve. However, more concerned with its safekeeping, I kept it on a shelf along with his other documents.

For six years the manuscript sat idly on a shelf and imprisoned within its pages were the precious thoughts and visions of a man who took the pains of writing the “answers” that he felt could save a nation.
Many times I wanted to publish the book especially when issues that he expounded on in the book were hotly debated upon. But I hesitated.

But now that his 82nd birthday approaches I feel that I must release this book and allow Doy to continue to serve his country through his thoughts and written words.

FISHBROOK (FB)

Few years ago, I am one of the many fish caught by a net. I am resilient to new things, but the promise of a beautiful and better home endeared me to it. I succumbed to the invitation. I gave in to the offer. Now after being webbed by the net, I land here in Fishbrook. I am happy to belong here really, at first. Rekindling ties with old folks was something to look forward to. But then again, building new ones was more intriguing. You see here in Fishbrook, new batches of fish arrive day by day. Some very calm, some very edgy, some you do not even bother to know and some you do not even think existed. In fact here in Fishbrook, you meet all kinds of fish, whether you like it or not.

I by nature do not love company. Maybe you would ask me, then why choose Fishbrook? Hey, it’s not that I do not like to mingle around. It’s just that I choose the ones to blend with. That’s it. I do not easily blend. I am the type of fish who does not simply go with the waves. In fact, I usually go to the waters less taken. That is why maybe I usually have lesser company. I do not mind really. In fact, I do not even care. And to your question, why Fishbrook? I only have this in mind: I was hoping to find other fish who share the same passion, same principle in life. And yes I did. Here in Fishbrook, only a few understands me. Come to think of it. I do not really want them to understand me, I want them to believe on me.

Enough of myself! Yeah, unlike other folks here, I do not want to talk much about myself. I love Fishbrook, but I leave Fishbrook where it should be. After all, beyond Fishbrook is a much wider and deeper ocean. Ok, ok enough really of myself. I hate talking about myself much that I hate listening to other fish’s me and myself stories. I honestly believe that these kinds of stories should be confined at a very personal level. And since Fishbrook is a community, what should come in and out of it must at some point be relevant to most of its inhabitants.

Here are some Fishbrook folks bitten by this me and myself story bug. Enjoy!

Meet Mr. Pea Ech Dee. I remember the first time we were introduced to each other (in fact, this is what he does every time he is introduced to someone). Hi, I’m Pea Ech Dee, MA, MS, BS, nice to meet you. Huh, I’m such an achiever noh? The capital letters attached to his name made him famous to every one in Fishbrook. He is actually not famous, on second thought. He strives to be popular but always to no avail, if I may say so. On third thought again, he succeeded on one thing, that is, to constantly annoy me. Nope, I do not feel threatened by his intelligence please. I am vexed by the way he begs for appreciation and praises. Imagine, he had to give it to himself because everybody else does not mind? Oh no, please do not get me wrong. I too value education highly. In fact I bet, much higher than he does. But I do not share the same hubris that he has about learned education. One’s intelligence is never measured by our titles. Rather, we are calculated by how we are grown by our education. And only if we have achieved the last can we be accorded the praises that we are yearning for. More so, laudation is earned not encouraged. It is never our duty to constantly remind others that we are good because when we are in fact good, they will on their own commend us for our ways. Right sir?

Now, I introduce Mr. Ceh Vee. This sir and Mr. Pea Ech Dee have some things in common but they are not really close. In fact, I believe that if do they meet they will clash. Why did I say that? Let me give you two people who both feel they are superior beings the other because of his titles, the other for the series of seminars he has attended in his lifetime. At some time, of course, they will exchange credentials one after the other until blood comes out of their self- acclaimed ‘overly used brain neurons.’ Nay, let’s give it to the geniuses. Ok, ok, let’s give Mr. Ceh.Vee. his time to shine. Unlike Mr. Pea Ech Dee, Mr. Ceh Vee. does not even open his mouth when introduced. He does not have to because a comprehensive curriculum vitae always comes in very handy. Here, your eyes will drool over his long list of achievements, educational attainment, lectures attended and every minute detail you never thought can ever be included in a vitae. Your eyes will drool yes. Your mouth may even salivate. You will also be annoyed, I promise. Please Mr. Ceh Vee, take the advice I gave Mr. Pea Ech Dee, laudation is earned not encouraged. It is never our duty to constantly remind others that we are good because when we are in fact good, they will on their own commend us for our ways. More so, Fishbrook you may not realize is simply a stage in our lives. Sometimes, it even becomes fictional at some point. There is a more real and bigger ocean to live outside of Fishbrook. And it is in this deeper ocean where we are truly measured.

My next neighbor is Miss Bum Bastic. She’s a bum. She really doesn’t do anything actually. Oops, that’s actually the problem, she does nothing. And she wants everybody else to know that she does nothing. Am I actually saying anything? Well, take this, Miss Bum Bastic every minute carries a megaphone hanging around her neck. Sometimes when most are pondering over the problems of Fishbrook, she just shout outs, “I’m sad!” (As if anybody cares if she is.) Or “Wala lang!” One may actually ask, does she really have to do that? Well, maybe she has to because when she does not, she will have nothing else to do. Get it? Mind you, her doing nothing comes to an extremely annoying level. One time, she gave each and everyone a picture of herself sporting her new fin cut. At least now, she has something to boast about- that is her newly trimmed fin. F! Fishbrook! Whew! Please forgive me for I have sinned. Just the other day however, this gal surprised me. She out of a sudden screamed, “I’m busy!” Indeed? I instantly became happy! She is finally busy. But this soon faded to my dismay because on second thought, she might not be busy after all because when she is she won’t have the time to actually announce that she is. Ok, she might actually be busy after all. I change my stand. She was indeed busy, busy telling everyone that she’s busy. Buzz! Go get a sensible life gal! Do you even realize that maybe, just maybe, not even one in Fishbrook cares if you are sad? Hmmm, I think I just wasted my time on you. Ok, on to the next please.

Miss Peeh X on the other hand is a bitchy rich fish. If Ms. Bum Bastic is busy with simple joys in her life like when she’s busy or has just sported a new fin cut, Ms. Peeh X is rather on the high end. In fact, Ms. Peeh Ex has already migrated to international waters. But as being fatally bitten by the me and myself bug in Fishbrook, she carried the symptoms even beyond our territory. Just the other day, she has this to say to everyone at Fishbrook: Hey, just got my newly-released Apple Ipond, see that? I tried to rationalize her and her ways and only one pops up in mind: salivate all you who cannot afford! I think no one could blame for it. She made me do it. Well, picture this out, when most in Fishbrook is poor and striving for a better fish life, here comes a filthy rich lass bragging of a fortune most folks, even beyond Fishbrook, could never own in their lifetime. Do not get me wrong, we o understand your joy. We do indeed. However sometimes don’t you think it is much better if everyone can relate to your happiness? More so, it is more blissful to feast on something hardly earned, right? Then maybe all in Fishbrook and beyond can relate and celebrate on your success.

Mr. Sar Dy Nas is our next neighbor to talk about. This pompous mister is one of our new leaders in the community. He likes grandstanding to the truest sense. He is fond of using the Fishbrook stage to convince everyone that he is the messiah of selfless service. In fact, he defends himself so hard that I am convinced that he wants to convince himself too. One time, while taking on his me and myself stories on stage, I stood up and throw straightforward questions at him. To my dismay however, he did not answer even one! The birth of the messiah is just a myth, I convinced everyone in Fishbrook. They branded me for being pessimistic but as always I do not even care. In fact, there was chaos in Fishbrook for a while. Nope, it was not between me and Mr. Sar Dy Nas. In fact, not even once did Mr. SS engage in a fish fight with me The pandemonium was created by Mr. SS’s solid and blind supporters. They rallied for me to be thrown out of Fishbrook as I was according to them one arrogant fish. This continued for a while but not even once was I confronted by Mr. SS. In fact, until it died down, I never heard him defend himself. I can only think of one reason why: He actually cannot.

Ms. Emow is on the limelight now. She is a close ally of Ms. Bum Bastic. However, unlike Ms. Bum Bastic who does almost nothing, all Ms. Emow can do is think of her love life. Every day she would proudly announce to Fishbrook that she is on an “emo mode.” You know what I mean by that. Emotional. Vulnerable. Fragile. Apparently, she and Ms. Bum Bastic share the same megaphone to let everyone now about the status of her love life. Oh did I already say that Ms. Emow has a pep squad that comes with her all the time? Yeah, unfortunately, she has. That’s explain why my annoyance heaped to its highest level. Imagine, I had to deal not only with Ms. Emow everyday but also a bunch of others who are exactly in the same mode that she is! Thus, when she says, “Hay, I miss home...and I miss you too hon” All would answer, “Hay…(downscale voice).” Then one would bravely ask as a follow-up, “Siya ba yan gurl? Wow, after all these years kayo din pala!” Ms. Emow would answer, then one would ask again then another until they fill the waters with all their angst-filled hearts. Verily, they live up to the true meaning of the saying, “tell me who your friends are and I will tell you who are.” I think that Fishbrook deserves better than these things. It may be an avenue for more significant and relevant things right? Don’t you realize that maybe just maybe the things that you do in Fishbrook is in fact insignificant to the lives of other folks here? I believe there are more important things in your life you may want to share in Fishbrook, something sensible perhaps? On second thought, there might actually none. Oops, poor you, that’s really a problem!

Miss Gut Sy is our last guest. Like Mr. Ceh Vee and Pea Ech Dee, Miss Gut Sy claims she is a learned individual. Unlike the others however, she participates in community issues. She too likes to grandstand. And even if she fails a countless time, she stands and fights again. One cannot really avoid admiring her guts. In fact, despite her being so-called learned, her guts is the only left imprinted on my mind. But also not like two other so-called fulfilled and learned gentleman, Miss Gut Sy does not border on anything like she knows everything. However, when it comes to her field, she has the highest regard for herself. She gives it to herself, that’s the funny part. What is funnier is that she cannot even live by what she claims. It would be very hard to delve on details. But I leave this for you to ponder: A wrong answer given is nothing more than a question not answered. In other words, a waste of time and energy.


This has been my everyday battle but I do not regret being webbed by the endearing net for it has indeed placed me in Fishbrook. Fishbrook, despite the existence of these species is a fine community afterall. Here, I meet different kinds of fish, of various species, origin, behavior and inclinations from whom I can all learn something from. I just hope my fellow fish would value Fishbrook and the opportunities it offers to each of its inhabitants as much as I do. It’s not enough that we live everyday but we should live a meaningful day each day. We only have one life to live. We might as well use every minute of it into something that might be of some relevance to others. After all, we all have this community to share with. Go fun swim!

COMFORT WOMEN: The elusive quest for justice (Part1)

On April 28, 2010, the Supreme Court in Vinuya v. Romulo (G.R. No 162230) dismissed the petition filed by Filipino comfort women to compel the Philippine government to get a public apology from Japan and to secure reparation to victims of sexual abuse during World War II. Through the pen of Justice Mariano Del Castillo, the Court held, among others, that the Philippine government is not under any international obligation to espouse petitioners’ claims before the International Court of Justice (ICJ) or any other international tribunal for that matter. Moreover, the claims for reparation put forth by petitioners against Japan are barred because they are deemed included in the waiver of claims by the Allied Powers, as provided mainly in the San Francisco Treaty of Peace of 1951. In other words, the Philippine government purportedly speaking in behalf of the victims, its citizens had already abandoned any claim for compensation as regards to Filipino comfort women ever since the signing of the Peace Treaty with Japan. I shall deal later with the merits of the position taken by the government.

It was in 1992 when we first heard the sad story of Lola Rosa, the first Filipina comfort woman to come forward publicly. Back then, she seemed to be alone in the wilderness shedding light on the ordeals of Filipina comfort women. After almost fifty (50) years, Lola Rosa finally revealed what it was really like to be a young Filipina held captive by the Japs during those fateful times. Even now, as I review the facts of Lola Rosa’s account, the rape, sexual slavery, torture and violence committed by the Japanese are truly disturbing and unthinkable for any human being. Imagine this, a scene of what appears to be her baptism of fire: at 16 years old, she was abducted and kept in a town hospital turned garrison. Suddenly, a Japanese soldier barged into the room. Armed with a bayonet, the soldier slashed her dress and stripped it open. Thereafter, he ravished her, her youth devoured whole. It happened for twelve more times that fateful day with 12 different soldiers. The little time she was left alone was almost unrecognizable and insignificant for only after 30 minutes or so, she bravely recounted, a new batch of hungry soldiers came to wolf on her jaded young body.

Such was the fate of Lola Rosa, a sex slave for the Imperial soldiers. But she was not alone in this plight. Lola Rosa at the time clearly represents the face of comfort women who were too ashamed to come out in the open. Soon enough though, inspired by Lola Rosa’s courage, many other Filipinas, erstwhile “comfort women” came out to speak the truth and recounted their own stories during captivity.

It is of importance to know that the crimes committed by Japanese soldiers were more than just series of rape or unconsented sex. There’s a lot more in it. In his article, The continuing agony of comfort (PDI, 07/22/10) women, quondam dean of the UP College of Law Raul Pangalangan made the following observation: we are talking about sustained and systematic abuse and debasement on a daily basis over months, if not years, of captivity. The UN rapporteurs have listed the following crimes, sexual violence, slavery, including sexual slavery and forced prostitution, crimes against humanity and cruelty, inhuman and degrading treatment.Here he tried to open the eyes of his readers into realizing that the repetitive stories of abuse of our local women was not, in reality, mere episodes of worldly desires, like most of us are aware of. Here he explained, the comfort women genre was in truth and in fact, a system crafted by the Japanese authorities to appease their soldiers’ sexual appetites in the course of their occupation. Like bones given to hungry dogs, our women were offered as hopeless preys. It was therefore clearly deliberate, fearless and unimaginable. It was a war policy out to keep them in war. In Vinuya v. Romulo, the Court ventured into the historical antecedents of the comfort women system.

The comfort women system was the tragic legacy of the Rape of Nanking. In December 1937, Japanese military forces captured the city of Nanking in China and began a “barbaric campaign of terror” known as the Rape of Nanking, which included the rapes and murders of an estimated 20,000 to 80,000 Chinese women, including young girls, pregnant mothers, and elderly women.

In reaction to international outcry over the incident, the Japanese government sought ways to end international condemnation by establishing the “comfort women” system. Under this system, the military could simultaneously appease soldiers' sexual appetites and contain soldiers' activities within a regulated environment. Comfort stations would also prevent the spread of venereal disease among soldiers and discourage soldiers from raping inhabitants of occupied territories.

Daily life as a comfort woman was “unmitigated misery.” The military forced victims into barracks-style stations divided into tiny cubicles where they were forced to live, sleep, and have sex with as many 30 soldiers per day. The 30 minutes allotted for sexual relations with each soldier were 30-minute increments of unimaginable horror for the women. Disease was rampant. Military doctors regularly examined the women, but these checks were carried out to prevent the spread of venereal diseases; little notice was taken of the frequent cigarette burns, bruises, bayonet stabs and even broken bones inflicted on the women by soldiers.

In 1991 a case for damages was filed by three former Korean comfort women before the Tokyo District Court. Others followed suit. However, as matter defense the Japanese government denied any involvement in the establishment of brothels or comfort stations during the war. It raised the issue that these brothels used for forced prostitution were set up and maintained not by Japanese soldiers as claimed by the victims, but private individuals. To this end, the Japanese government consistently invoked the same line of defense and thereby caused the dismissal of every suit in the domestic court.

But that is not the end of it. That seminal lawsuit made headlines and raised public awareness worldwide. Thereafter, serious efforts began mainly under auspices of the United Nations pressing among others, that Japan must issue a public apology admitting the establishment of comfort women system by the Japanese Imperial Army during the war, accept legal responsibility for that violation and pay the appropriate compensation to all their victims.

In 1992, faced with overwhelming evidence, the Japanese government finally succumbed to admission that indeed the military itself was involved in the operation of comfort stations during the war. A year later the much awaited apology came from no less than the Japanese government. In a statement issued by the Miyazawa government, the first explicit apology after fifty (50) years of denial, the government 'acknowledged' that the military had actively and forcibly maintained women sex slaves to satisfy the sexual urges of Japanese soldiers during World War II. The belated admission came as a direct result of a government investigation conducted since 1991 on the issue of wartime comfort women. Later on, concrete steps were taken by the Japanese government that eventually led to creation of the Asian Women Fund. Through the AWF, victims of the comfort women system may apply for monetary and medical assistance from the Japanese government. (Vinuya, supra) To this end, the Philippine government in 1997 signed an agreement with the AWF for medical and welfare assistance for former Filipino comfort women. Since then, these programs were gradually implemented by the government through the Department of Social Welfare and Development (DSWD).

To be continued...