The Journal of The Jester-in-Exile

Two Cents

2009-10-11T16:41:00.002+08:00

Another short post.

Plurker Gareon urged me to turn a plurk thread into a post.

Here it is. Context: what we should be doing/ looking at with regard to directing our efforts post-Pepeng/Parma. Pardon the lack of links; I have to go back out, and you'll find them as stories on GMA.tv anyway (the website has thus far been the most useful for some folks I know).

1. Baguio City doesn't need too much by way of relief -- for now, that is -- but we do need the accessibility of Kennon Road, Marcos Highway, Naguilian Road, and Halsema Highway. This will normalize food and fuel supply.

2. La Trinidad and surrounding towns will surely appreciate heavy equipment to clear the roads of mud, to get what remains of the veggie harvest out to market.

3. Pangasinan, with all its flooding, will need lots of relief, especially clean drinking water and medical support (disease prevention and such). PAGASA predicts dry weather for the next three days; perhaps we should hold off some of the clothes (but sure, we'll need the clean sheets) for the moment and focus on water, food, toiletries, and preventive medicines. Let's not forget to take a look at La Union, too.

4. Region 1 and Region 2 towns lying on Cordilleran foothills need to be checked and reported on, as well as those beside the rivers and feeders. Power's out iut iny NLuzon towns after a lot of poles got knocked down, and we also need to check on the food and clean water supply of farming villages if their irrigation dikes have breached.

5. Folks, use the previous days' reports -- especially on flooding, dike breaching, and whatnot -- from Batanes, Cagayan, Isabela, Ilocos Norte, Ilocos Sur, and so on to get an idea of what information to demand from mainstream media. There's not too many reporters, so we'll need to help them out and let them know where they should point their cameras at.

Later, folks.

Vultures, Too

2009-09-29T16:55:00.013+08:00

(UPDATE: Folks, still hoping your your links and eyewitness accounts to corroborate the leads below.)

Another quick post, folks.

The vultures everywhere are coming all out in force. Here are some of the things we've seen online:

1. Government officials allegedly not distributing relief goods in Provident Village Marikina because no media to cover their distribution.

2. Citizen apparently being told by SSS person that no funds are available for calamity loan.

3. DSWD allegedly repacking ABS-CBN relief goods in Pasig, reducing package contents.

4. Relief goods apparently being acquired by residents of a gated community for P1000 (sort of like shopping and delivery).

5. Taxi cabs doing "kontrata" (Metro Manila cabbies, what else is new).

6. Syrofoam care packages and plastic bags of relief goods with politicians's names.

7. Looters in Provident Village, Marikina.

8. On Plurk, a volunteer reported that some people are throwing stones at vehicles making their way to areas of greater need.

9. On Twitter, a comment saying "The politics on relief operations -- reports of donors being stopped, being told of the need to ask permits from barangay captains before distributing goods daw."

10. On Twitter, a comment saying "Unconfirmed via friend: 1 Valenzuela barangay not given relief goods because barangay captain is an enemy of the mayor."

11. On Twitter, a report that Customs personnel seizing relief goods from international organizations despite presidential directive.

12. On Twitter, reports of some top adminstration officials and possible presidential candidates stopping relief efforts/ seizing relief goods of non-governmentt organizations for the purpose of getting photo-ops and PR material.

13. On Plurk, a report of donations given to an entertainment giant not being distributed. They are awaiting for the availability of their stars first, presumably to capture the stars' distribution of said relief goods on camera.

Well, let's help our friends in the media use the information as leads to blow these people out of the water, so to speak.

Here's what we'll do:

1. Leave a comment, preferably not anonymous (dapat may bayag ka, 'tol).

Tell us what you know and a link to the original Plurk message/ Twitter message/ Facebook message/ blog post/ and so on.

Eyewitness accounts/ personal stories are best, and avoid sharing replurks and retweets.

Photos will be excellent, especially if you can tell us who and where they were taken.

2. I'll continue updating this post.

Don't worry about messages on the same topic from different people; multiple eyewitness accounts are good for verification.

3. There is no 3. Let's just hope mainstream media uses our leads.

***
Let's go.

Relief goods labeling

Manny and Cynthia Villar plastic bag being passed around in Plurk

Manny Villar styrofoam package being passed around in Plurk

Relief good claim stub -- allegedly, one cannot claim relief goods without such a ticket

(Updating ongoing -- thanks, cyberPinoys.)

Fight the Vultures!

2009-09-28T17:52:00.001+08:00

Folks, a quick post.

Looting in Marikina only shows that during times like these, vultures come out and prey on the public.

That said, doubtless there'll be unscrupulous individuals who will try to cash in on the disaster, especially on critical items like food and bottled water, cooking fuel, medicines, and transportation fares.

This post is an attempt to give direction to whom to ask help from.

Price watch, folks, and despite the battering we got from Ondoy, let's not be cowed.

***
For complaints regarding food and bottled water costs: report to the Department of Trade and Industry. Click this consumer complaint link to file a complaint online.

For complaints regarding LPG and other cooking fuel costs: report to the Department of Energy. Click their contact details here to find at least one person who will attend to us (I hope).

For complaints regarding the cost of medicines: report to the Department of Health. They have provided Health Emergency Management Service hotlines (+632) 711-1101 and (+632) 743-0538. With any luck we can depend on the Bureau of Food and Drugs; find from the BFAD contact information someone willing to talk to us. (So sorry folks, best I could do at short notice.)

For complaints regarding transportation fares: contact the Land Transportation and Franchising Regulatory Board. Click on the LTFRB complaint form to file a complaint online.

***
Also, do make the effort to furnish a copy to the media; it will be useful for the public to know these things. From the previous post, maybe these numbers can be of some help.

ABS-CBN Typhoon Ondoy Hotline: (+632-4163641)

Jam 88.3: (+632- 6318803) or SMS at JAM (space) 883 (space) your message to 2968

GMA Kapuso Helpline: (+632-9811950-59)

***
Finally, the top coordinators have to know about any and all attempts to fleece the public during disasters. Again from the previous post, contact the NDCC -- with hopes they can deploy the police and whoever else can respond.

National Disaster Coordinating Council (NDCC) (+632-9125668, +632-9111406, +632-9115061, +632-9122665) Help hotlines: (+65 734-2118, 734-2120) ndcchelpdesk@gmail.com

It will also be useful to contact your local disaster coordinating council and your local government officials.

***
Still keeping an online eye on the country, folks. Let's help however way we can.

Typhoon Ondoy Help List

2009-09-28T03:00:00.003+08:00

I am indebted to Ade, Bong, Dementia, Manolo, and so many others on Plurk and Twitter. This is their work, and I'm lifting from them to make this little post to help out.

***
Online Information
All calls for help, please help us by filling out information here at the Rescue InfoHub Center.

Ondoy situation map (Metro Manila)

Sahana Disaster Management System (http://sahana.kahelos.org) needs IT volunteers. Email sahana@kahelos.org.

***
Rescue Operations

National Disaster Coordinating Council (NDCC) (+632-9125668, +632-9111406, +632-9115061, +632-9122665) Help hotlines: (+65 734-2118, 734-2120) ndcchelpdesk@gmail.com

Philippine Coast Guard (+632-5276136)

Philippine Air Force (+63908-1126976, +632-8535023)

Metro Manila Development Authority (136)

Marikina City Rescue (+632-6462436, +632-6462423, +632920-9072902)

Pasig Rescue Emergency Number (+632-6310099)

Quezon City Rescue (161)

San Juan City Hall Command Post (+632-4681697)

Bureau of Fire Protection Region III (Central Luzon) Hotline: (+63245-9634376)

Senator Dick Gordon (+639178997898, +63938-444BOYS, +632-9342118, +632-4338528)

Senator Manny Villar (+639174226800. +639172414864, +639276751981)

***
Civil Society/ Media

Philippine National Red Cross (143, +632-5270000)

Philippine National Red Cross Rizal Chapter operations center hotline: (+632-6350922, +632-6347824)

Go to GMA Facebook page & post complete addresses and names of people in need of immediate help.

ABS-CBN Typhoon Ondoy Hotline: (+632-4163641)

Jam 88.3: (+632- 6318803) or SMS at JAM (space) 883 (space) your message to 2968

GMA Kapuso Helpline: (+632-9811950-59)

***
Rubber Boat, 4×4 Trucks, Chopper Requests

NCRPO (+632-8383203, +632-8383354)

Private citizens who would like to lend their motor boats for rescue please call emergency nos: +632-9125668, +632-9111406, +632-9122665, +632-9115061)

You can also text (+632917-4226800 or +632927-6751981) for rescue dump trucks.

For those who are able to lend 4×4 trucks for rescue: Please send truck to Greenhills Shoppng Center Unimart Grocery to await deployment, Tel No. (+632920-9072902).

Petron & San Miguel Corporation are lending choppers for rescue operations, call/text: (+632917-8140655) ask for Lydia Ragasa

***
Power Supply

Meralco (+63917-5592824, 16211, +63920-9292824) If you want service cut off to your area to prevent fires and electrocution.

***
Relief Aid and Donations: Businesses/ Commercial Establishments

Aranaz Stores in Rockwell & Greenbelt is accepting donations of any kind for Payatas communities affected by Ondoy

Binalot at Greenbelt 1, call Tetchie Bundalian at (+632922-8573277)

The Coffee Bean & Tea Leaf will be accepting canned goods, water, clothes, blankets, towels, medicine, and emergency supplies (no cash) in all our branches on behalf of the victims of Typhoon Ondoy starting today until Friday. Your generosity will be much appreciated during this difficult time for our brothersand sisters in need.

Luca stores (Rockwell, Shang-rila, Eastwood, or GA towers): Send your old clothes & donations (no cash pls).

Manor Superclub, Eastwood City will accept goods and other emergency items starting Sunday at 10 am.

Ministop IBARRA (Espana cor. Blumentritt, Sampaloc Manila) is also accepting relief goods, food (non-perishable goods only), clothing, medicines, beds, pillows, blankets, emergency supplies to help Typhoon Ondoy victims.

Moonshine boutique in Rockwell also accepting relief good to help Ondoy victims in Marikina and Cainta.

Papemelroti stores in 91 Roces Ave. / Ali Mall Cubao / SM City North EDSA / SM Fairview / SM Megamall / Glorietta 3 in Makati / SM Centerpoint / SM Southmall are accepting relief goods (canned goods / milk / bottled water / clothes – NO CASH pls.)

PowerPlant Mall accepting donations for ABS-CBN foundation. Dropoff at admin office, P1 level.

R.O.X. – Recreational Outdoor eXchange is accepting donation for relief good for Typhoon Ondoy victims. You can bring it in the store located in B1 building Bonifacio High St., Tel. No. (+632-8564638/39)

Team Manila stores in Trinoma, Mall of Asia, Jupiter Bel-Air and Rockwell shall be accepting relief goods (Canned Goods, Ready-to-drink Milk,Bottled Water and Clothes) for distribution by Veritas.

Whitespace 2314 Chino Roces Ave Ext as a Makati drop-off for relief goods.

***
Relief Aid and Donations: Government/ Civil Society Organizations/ Other Groups

Victory Fort is opening its doors to those affected by the typhoon. Call 813-FORT.

ABS-CBN through Banco de Oro account number 56300-20111 account name: ABS-CBN Foundation Incorporation

Akbayan’s taking donations, call 433-69-33/433-68-31 to donate or volunteer.

Citizens Disaster Response Center (CDRC): Relief goods for typhoon victims being accepted at 72-A Times St., West Triangle, QC. Tel (+632-9299820/22)

Sen. Kiko Pangilinan is accepting donations @ AGS Bldg Annex, 446 EDSA Guadalupe Viejo. Contact Vina Vargas at (+632917-8081247)

Luzon Relief: Donations can be brought to RENAISSANCE FITNESS CENTER, 2nd Floor, Bramante Building, Renaissance Towers Ortigas, Meralco Avenue, Pasig City starting MONDAY (Sept.28) / 9am – 7pm Contact Person: Warren Habaluyas (+632929-8713488) or email at luzonrelief@gmail.com.

Move for Chiz is asking for volunteers and donations at Bay Park Tent, along Roxas Blvd., beside Max Restaurant and Diamond Hotel in Manila, or at Gilas Minipark at Unang Hakbang St., Gilas Q.C.

NoyMar relief Operations: Clare Amador (+639285205508) or Jana Vicente at +639285205499). Drop off for relief donations is at Balay Expo Center across Farmers Market Cubao.

Operation Rainbow (Zac Faelnar Camara) at Ayala Alabang Village needs Canned Goods, Ready-To-Eat Food, Bottled Water, Ready-To-Drink Milk/ Juice, Clothing, Blankets, contact (+632-4687991)

Philippine Army Gym inside Fort Bonifacio or GHQ Gym in Camp Aguinaldo are now distributing donations for Ondoy Victims.

Philippine National Red Cross' different ways to donate here.

Red Cross Load Donations: Right now the easiest way to make donations from the seat of your chair is via mobile phone load. The Red Cross Rescue and Relief Operations. Text: RED[space]AMOUNT to 2899 (Globe) or 4483 (Smart)

Relief Efforts for Pasig at Valle Verde 1 Village Park, contact (+632916-4945000, +632917-5273616)

Sagip Kapamilya hotlines (+632-4132667, +632-4160387) #13 Examiner St. West Triangle, QC. and Scout Mayoran, cor. Morato, near Alex III.

Tulong Bayan hotlines for donations and volunteers are (+632908-6579998) Marilyn, (+632939-3633436) Jenn (+632-9137122, +632-9136254 & +632-9133306).

TXTPower now accepts donations via SmartMoney 5577514418667103, GCash 09179751092 and Paypal http://is.gd/3GvuN

World Vision partners with Phil Coast Guard and kind individuals for relief distribution to 3k families. Call (+632-3747618 local 242) or text (+632917-8623209) to help.

Worldvision Foundation is also accepting donations/volunteers to pack relief goods in QC. For $-donations, BPI:USDacct #4254-0050-08

***
Relief Aid and Donations: Religious/ Schools & Universities

Assumption College San Lorenzo is now accepting donations. Please drop them off at the AC guardhouse.

Ateneo de Manila University is now accepting donations for the victims of Ondoy. Relief operations now centralized at COVERED COURTS. For those stranded/those who need help: To all students who need help or know of people who need help. Please text the name, location, and contact number to (+6329088877166). ATENEO, which is now an open shelter, accepts refugees. Call (+632917-8952792)

Caritas Manila Office at Jesus St., Pandacan Manila near Nagtahan Bridge (+632-5639298, +632-5639308)

CFC Center Ortigas is now open for donations in cash or kind. Call (+632-7270682 to 87) or text (+632922-2542819)

Hillsborough Village Chapel – Water, blankets, shoes, and clothes may be sent to Hillsborough Village Chapel in Muntinlupa City. These will go to families whose houses were washed out in the nearby sitios.

La Salle Greenhills for Greenhills/Mandaluyong/San Juan Area, if you want to help out with the rescue and relief operations, you can drop off your donations (clothes, food, etc..) at LSGH Gate 2 or volunteer from 9am to receive, sort, repack the donations.

Our Lady of Pentecost Parish (+632-4342397, +632-9290665) per Gabe Mercado, donations are very much welcome. The Parish is located at 12 F. Dela Rosa corner C. Salvador Sts., Loyola Heights, Quezon City.

Playschool International in Better Living is open to receive relief goods. Feel free to drop it there for your convenience. No Cash Pls.

Radio Veritas at Veritas Tower West Ave. Cor EDSA (+632-9257931-40)

Simbahang Lingkod ng Bayan Task Force Noah, a disaster response arm of the Jesuits, is accepting donations. Please drop it off sa Ateneo Cervini Dorm.

Xavier School in San Juan is now accepting donations, please bring to Multipurpose Center (MPC).

***
Relief Aid and Donations: Private Citizens

Donations of heavy duty flashlights needed for rescue operations in Cainta area. Contact Cielo at (+632918-8824356)

MAKATI: 5729 Calasanz St., Olympia Makati City or call for pick up at (+632-5017405 or +632-7290530) c/o Omel Santos

SOUTH: Accepting relief goods in SOUTH AREA. Please contact Anne at (+632915-2854240)

Karen Ang: 3 Kagandahan corner Kabutihan Streets, Kawilihan Village, Pasig (+630920-9520900)

Katipunan Avenue. Contact Erica Paredes at (+632917-4741930) — they need bread, packed juice, sandwich filling (tuna, chicken, anything) You can help her make them, deliver the sandwiches to her house, or help her distribute! Call for more details.

Miriam Quiambao drop off point: One Orchard Road Building in Eastwood, or message http://www.twitter.com/miriamq for more details.

ORCA: Ondoy Relief Collection Aid -- click for more details.

***
Cellular Services

People Tracker (using your phones, get your friends and family to turn on their FINDERSERVICE for you)

FINDERSERVICE. For Smart, text "wis [your name] [your mobile]" to 386.
FINDERSERVICE. For Globe, text "find [your name] [your mobile]" to 7000.

***
Other News and Announcements

NDCC Situation Reports

Sept 26, 2009, 6pm: ndcc sitrep no 3 on the effects of ts ondoy as of 26 sept 2009, 6pm

Sept 27, 2009, 1am: ndcc sitrep no 4 on the effects of ts ondoy as of sept. 27, 2009, 1am

Sept 27, 2009, 12nn: situation_report_on_the_effects_of_tropical_storm_ondoy_6

CHED, DEPED: Classes at all levels in Metro Manila & Rizal province have been suspended Monday and Tuesday, Sept. 28-29.

MRT and LRT are open 24 hours today. MRT fare is temporararily P10.

UP Diliman Chancellor Cao to All Deans: “If there are faculty, staff, students stranded in your colleges, let them spend the night. Alumni Hostel and University Hotel are already full. Eateries in the Shopping Center are also open. Thanks much.”

***
Medical Reminders

For all those who’ve come into contact with floodwater, please take your leptospirosis prophylaxis ASAP: 2 capsules doxycycline 100mg. Single dose. Just once. Take with food and avoid taking with dairy products. DO NOT GIVE to children or pregnant women, or those who are allergic. For children and pregnant women, look for alternates via your family doctor. Thanks! (Source: Pao Pei Salvan/ Dr. Jae Salvan.)

Drink bottled water or boil your water for at least three minutes. Water-borned diseases are highly prevalent during and after typhoons. (Source: DOH)

***
I'll be trying to be of more support, in whatever way I can, even if it's just spreading the word. Thanks to all you good people.

Oh, and let's not forget, we have incoming. Whatever we're doing, we gotta do it faster.

Thanks, all.

Wasting Time on the LTO RFID Non-Issue (or, ranting about the driving public being misled by supposedly-principled legislators)

2009-09-25T17:40:00.004+08:00

(I didn't plan to write about this -- I intended to leave my ranting on Plurk -- but after an email from an engineering colleague from a past life asking me about this and pointing out the obvious errors being bandied about in the media, the same colleague urging me to write about it, here is this little rant. Enjoy at your own risk.))

So, there in the news is the little tempest in a teacup about the LTO's plan to install radio frequency identification (RFID) stickers on vehicles. The project is supposedly part of a 2003 build-operate-own (BOO) contract with Stradcom. Bayan Muna party-list representative Teddy Casiño and Gabriela party-list representative Liza Maza figure prominently in news talking about opposition to the plan.

Usually, I don't pay much attention to these people, but then it seems that they've used the RFID issue as another bogeyman. Not that I trust the current administration, mind you, but clearly these people are misleading the public. Their disingenuous statements do not reflect the truth about the technology.

In other words, ginagago na tayong mga taumbayan. It's bad enough that the Queen of the Enchanted Kingdom does that, but for the supposed principled opposition to do the same shows what little regard all these politicians have for the citizenry. Magsama-sama na ang mga manloloko; we are not all tech-illiterate.

So, Representatives Maza and Casiño, here's us doing your homework for you. It's one thing to be uninformed and saying so, but it's another thing entirely to be misleading us with misinformation based on deliberate stupidity.

***
Representative Maza said "This technology raises fears that it might be used to violate the right to privacy of individuals. The LTO’s microchips might, in turn, be used as ‘spychips’ for the government’s surveillance operations on those critical of the current administration... Apparently, the LTO will act like a 'Big Brother.' It can be used as a spying device, since radio waves from a microchip will identify all information about the vehicle in real-time basis."

Nakakahiya. Soundbites instead of fact. Shooting one's mouth off without doing one's homework.

So then, RFID 101.

Radio frequency identification is employed via fairly ubiquitous gadgets. You have them in stores attached to products, often with the intent of preventing shoplifting, some of them already replacing barcodes for price checks (after all, stuff like clothes won't do well to have bar code stickers stapled to them). You have them attached to vehicles that ply the expressway, as a means of automating toll payments -- these ones are usually the active RFID boxes, take note, and not the same technology as the passive RFID tags that the LTO tags will be. You have them tracking manufacturing parts boxes on the shop floor, as a means of efficiently segregating and shipping them to where their supposed to go.

How does do RFID systems -- specifically, passive RFID systems such as the LTO vehicle sticker -- work? Check out the basics; this article is also a must-read for more detail.

It's simple, really. Note the absence in the block diagram of listening devices, cameras, and suchlike.

There are several concepts that need to be made clear (and which Maza does not seem to understand; sabagay, one does not learn engineering concepts by chanting slogans on the street).

- The RFID vehicle tag to be deployed by the LTO is a passive device -- it has no integrated power source and thus cannot send out radio waves that provide information about the vehicle on a real-time basis. The RFID vehicle tag will only send information about the vehicle if queried by an RFID reader. To repeat, Representative Maza, your protest against "spychips sending out radio waves containing information in real time" does not hold water. How can a device transmit RF signals on its own without a power source?

(Oh, right, scientific and physical laws are subservient to political ideology.)

- The read-out range of a passive RFID system is dependent on the power output and sensitivity of the RFID reader; the cheap-ass LTO passive RFID tag and its component reader will typically have a range of less than 10 meters -- and that's pushing it (Lomibao's claim of 20 meters notwithstanding). As such, Representative Maza, to be able to track vehicles with "spychips", you will have to place RFID readers spaced every tenth or twentieth of a distance between manhole covers, not to mention networking all of these RFID readers to the purported central monitoring systems. It would be far cheaper to install GPS locator systems should you want to track vehicles and their movements.

(Oh, right, one doesn't learn cost-benefit analysis by chanting slogans on the street.)

- The passive RFID chips will be of EEPROM technology containing data about vehicles that are already being made available by vehicle owners when registering them with the LTO; even then, these EEPROM chips of passive RFID tags are limited in the amount of data that they can hold, typically several hundred bits of data -- no different from that of the SIM of your cellphone. Your "spychips" have no capability of telling the reader anything beyond the owner's name, the license plate number, chassis number, engine number, date of registration, and suchlike that you write on the LTO vehicle registration form; they are incapable of telling the RFID reader who are the people inside your vehicle, if they are critics of the government, if they are armed and dangerous, or whatever else you're trying to scare the public with.

(Oh, right, Big Brother is all-powerful, no matter the technical limitations of the technology.)

How, then, are these RFID tags useful?

The automation of vehicle registration, for one, as a means of discouraging fixers is by far a public good that outweighs the one-time cost of 350 pesos per RFID tag. By making registration processes faster, the vehicle-owning public will find the services of fixers superfluous; no need for the harried vehicle owner to employ a fixer to speed things up if the RFID tag will make registration quick and easy. Surely a step in fighting grassroots corruption is a good thing?

RFID tags can also be used to catch scofflaws; running a red light with a CCTV and an RFID reader can and will result in a vehicle being tagged and flagged for violations of the law and later resulting in the vehicle being disallowed from plying the streets. Surely crime control is a good thing?

RFID tags can be a means to identify vehicles used in crimes or are involved in them. Think of the possibilities -- carjackers will have difficulties in fencing their wares, kidnappers and holdup gangs can be tracked and traced once their vehicles have been tagged and flagged, and so on. Surely law enforcement is a good thing?

Now, then, Representative Maza, what of your charge that RFID tags might violate the right to privacy?

Two words: kalokohan.

(Yes, that's two words -- the other one is in RF code.)

First, the information on the tags are data that you ALREADY provide the LTO. Invasion of privacy, really.

Second, in no way can passive RFID vehicle tags tell authorities of what goes on inside your car. You can drive your car up to Antipolo and have a screaming boinkfest with your passengers and the RFID vehicle tag won't know the difference. Certainly an invasion of privacy if the tag cannot do what you say it can.

Third, unless and until the government installs RFID readers convering on every single road on the 205,497 km road network -- we're talking of 205,497,000 meters worth of road, and therefore 20,549,700 RFID readers networked to automated monitoring stations -- your Big Brother bogeyman of tracking vehicles blah-blah-blah is no more possible under government budget at present than your capability to repeal or amend physical or natural laws -- I dare you, amend the law of gravity, sige nga.

Susme. All we ask from elected legislators is to serve the public, not to fool us.

***
Now, what of Representative Casiño's claim that "the tagging appears to be overpriced at P350 when RFID chips are already inexpensive, costing 20 [US] cents on the average or around P10 to 15 only"?

Eh kung nag-aral ka sana tungkol sa RFID technology, Teddy. RFID tags do not work without their counterpart RFID readers. Likewise, the RFID tags being EEPROMs, you should have factored the cost of EEPROM writers used to put information on the RFID tags. You also should have factored into the project cost the need for the database software and other automation costs. There are also training and maintenance costs involved in the use of RFID tags, something else you are glossing over.

That was a disingenuous statement, Mister Casiño. Ang RFID tag ay hindi trapo na pagkabili ay agad na puwede nang gamiting pamunas.

Not that you would be able to distinguish a trapo from an RFID tag, it would seem, let alone a Bayan Muna bumper sticker from one.

***
In any case, it will be a treat to watch the slings and arrows between the LTO and these legislators. The entertainment value of arguments between a party who is somewhat mistrusted and a party who refuses to listen to self-evident technical specifications is going to be no different from a Three Stooges pie-throwing vignette.

Heck, throw into fray the National Union of Peoples' Lawyers -- it's going to be fun to watch lawyers wrangle before the court arguments about a technology that's been tried and tested and already passed over worldwide.

And to think all this arguing involves spending our taxpayers' money. Heh.

Jingle Jingle

2009-09-21T03:05:00.002+08:00

I heard about Wille Revillame being considered to be Manny Villar's veep.

After the facepalm and remembering Willie's TV antics (and that of scantily-clad women dancing for him), I had this brainwave:

(Sung to the tune of "Nobody" by whoever K-Pop girl group that is)
We want your Manny, your Papi for you!
We want your Manny, your Papi for you!
Tutulong sa inyo, aangatin kayo!
We want your Manny, your Papi, your Manny, your Papi!

(Voiceover) Si Manuel "Manny" Villar at si Willie "Papi" Revillame... Sila ang aangat sa inyo!

Errrr. Okay. facepalm

***
Excuse me while I throw up at this sort of campaigning.

The Automated Elections Exercise: Command and Conquer (that is, strategies to keep the polls clean)

2009-09-15T18:50:00.009+08:00

(UPDATE September 16, 1:31 AM: Refer to Rom's post pointing out possible holes in my views on this issue. We can defer to her expertise, methinks, as I understand she has more in-depth information than I.)

(I have yet to successfully pester our friends from the PCIJ to share COMELEC Commissioner Armando Velasco's PowerPoint presentation on the conduct of automated elections in 2010, so a lot of the stuff in this post will be conjecture based on seminar notes and memory. With any luck, the presentation will be shared to all and sundry; with even more luck, the COMELEC and Smartmatic-TIM will provide to the public all the relevant data that will allow all of us a means for we ourselves to combat cheating come 2010. Here's a sample of what we should be looking at: the SAES 1800 technical datasheet.)

Commissioner Armando Velasco talking of automated elections in the Philippine Center for Investigative Journalism seminar attended by the jester-in-exile last week

With the Supreme Court ruling in favor of automated elections, all systems now are go for the use of an automated system of elections instead of a manual system of elections. In this post, we're going to put forward how we understand the automated system, we'll be poking the holes in the system, and we'll be proposing countermeasures and counter-countermeasures that use technology and capabilities we already have.

Hey, that's what systems engineering and quality assurance is all about. Looking critically at Smartmatic-TIM's media kit will be a good start, I'm sure.

***
The first step in automated elections is registration. A lot of people have been taking for granted this step -- I hope that the COMELEC won't make it too hard for first-time voters, voters transferring their registrations, or voters reactivating their registrations to get this step done.

For the moment I'm going to gloss over the actual registration processes (they're here on the COMELEC website) and instead focus on this idea: that the registration is one of the weak links of automated elections.

See, it's a given that if one isn't on the list of voters, one won't be able to vote. Thus, it's going to be a priority for would-be cheaters to assail the voters' list.

Failure scenarios:

- Cheaters successfully deactivate registration of voters already on the list.

- Cheaters pad voters' lists with voters, real or imagined.

I've heard coffeeshop rumors saying that certain government agencies are going around certain places trying to get their hands into the list of voters. I won't put it past election operators to be trying to do the same thing.

Countermeasure: some means must be made to secure the voters' lists, and I think that the best way to do it is to make them public continuously from now until election day.

If the lists are public, then anyone will be able to cry foul if they find their neighborhood's voters' list padded by people already dead, abroad, or whatever else that disqualifies someone from voting (qualifications here). More to the point, we should ask COMELEC to support such watchdog activities by the public -- call it the crowd-sourced means of ensuring honest registration (hat tip to Marocharim for pointing out how strong this means can be).

What to watch out for come May 10, 2010 and the counting: cheating based on blocks of approximately 1000 votes each (that is, per precinct cluster).

***
The next step will be felt rather deeply on election day itself: the waiting at the precinct.

Let's assume for the moment that the voters' lists have been validated and guarded and are perfectly sound. On election day, we'll have 1000 voters lined up from 7 AM at each precinct equipped with a single machine.

I don't know yet how long each paper ballot will be, so I won't be able to provide valid assumptions on the time that will be spent on each ballot, but as Commissioner Velasco said at the PCIJ seminar, the precinct can hold ten voters at a time. Here's how the process flow will look like:

(UPDATE September 16, 12:08 AM: Thanks to the illimitable Rom, of whom I understand has some knowledge of the PCOS machine operation, I'm updating the post based on probably more accurate estimates.)

Seemingly, the primary bottleneck of this process is the machine reading of the ballot. According to the SAES 1800 technical datasheet, the machine has a scanning speed of approximately 12 inches per second, on both sides, with the ballot size of 8.5" wide. Let's assume a machine speed of 2 seconds, then, with all the candidates... no, better make it three.

Let's say it takes about [3 minutes] 15 seconds for the voter to be able to load the ballot into the machine. Let's assume another [two minutes] 15 seconds for the load-out process (signing and whatnot). That brings us to about [00:05:03] 00:00:33 time spent at the machine station without counting stand-around time. Call it a good minute for the station time in total, bringing us up to 00:01:03.

Let's say the fastest ballot fill-out takes ten minutes, what with having to think about and shade all desired candidates. We're now up to [00:15:03] 00:11:03 time spent.

Assuming a well-run precinct, without problems or errors and anything to slow down this quasi-production line, and a 7AM to 6PM election period without any breaks (that's 660 minutes worth), we can look at a worst-case maximum number of [44] 60 voters per precinct cluster. Mind you, this is worst-case. However, queueing theory and PERT-CPM strategies as used in manufacturing production lines can drive this number up to a little past [200] 400 voters for that election period; I doubt very much if the numbers of a time-and-motion study, in a sunny-day (always perfect) scenario will show that [300] 800 voters out of the 1000 per precinct cluster will be able to cast their votes.

Yes, the actual bottlenecks are the [load/unload speed of the machine] stand-around waiting time at the machine station and the time spent in filling up the ballots.

(UPDATE September 16, 1:31 AM: Plurker Gareon pointed me out to videos demonstrating Smartmatic machine operation. Here's one. I've been watching it for the purpose of getting more detail on failure modes and ideas on possible countermeasures. I mean, after all, if one has brain matter enough to detect failure modes, one has the ability to think of fixes -- or one is a lazy dumbass.)

(Aside: is that Jam on the couch in the video?)

Countermeasures:

- Allow voters to carry with them their list of candidates they want to vote for. With such a list in hand, filling out should be easy; in fact, if possible, find a way to encourage the preparation of such a list prior between the queue and the individual polling stations -- I'm thinking of a secure holding area where voters can make their list... secure, of course, so that vote buying and vote selling won't be an issue.

- Allot a maximum time spent in the polling station. Adjust alloted maximum time based on the capability of the voter to vote (i.e., literacy and disability issues).

- Increase voting hours. (Leche, kawawa na naman ang mga titser natin.) That said, there's very little way to get past the time issue without opening the precinct on time, and closing the precinct a little later. A 6PM precinct closure won't cut it, not for a thousand-voter precinct cluster, and with the rule that the voter himself has to put the ballot through the machine. 9PM sounds like a better cut-off; the COMELEC better secure the precincts with PNP and AFP, however, and they better provide food and snacks to the teachers. I think if precincts extend to such hours, media coverage that's especially watchful at such hours will provide some degree of deterrence to would-be cheaters.

(By the way, folks, these ideas aren't all that will be of use; do put in your ideas, won't you?)

Check out this Smartmatic-TIM presentation for how it'll work out.

***
On to the potential failures as discussed by Commissioner Velasco himself, he discussed three failure modes at the PCIJ seminar:

- Unable to read the ballot

- Able to read the ballot but unable to count the votes cast

- Able to read and count but unable to transmit (I'm assuming this is after the precinct closes)

The "unable to read the ballot" problem will be one of those problems that will be slowing down the voting process throughput. So is the proposed solution, which is to use another PCOS machine (obviously, it's going to add to the throughput load of another precinct cluster).

Here's what we should add to the use of "another PCOS machine" backup:

- Security of the ballots at site

- Security of the ballots during transport between precincts

I'd recommend that the backup reading be done instead at the municipal level (or even at the provincial level, if need be), as a means to ensure data integrity. Cheating can enter via this failure mode by the use of manufactured ballots.

The "able to read but unable to count the votes" is a failure mode whose details I don't know, so I don't have much to offer in the way of countermeasure. I also don't understand the proposed solution involved, so I won't speak of it today. (I may have to update this post later.) Off the top of my head, I'd support any measures be COMELEC to hold a manual confirmatory count.

The "able to read and count but unable to transmit votes" has to do with this data transmission:

If I understand correctly, the proposed primary solution is to use another PCOS machine to send data, using the flash memory storage device of the failed PCOS. Here are a few weak points in this failure mode solution:

- If there is any capability at all for the data to be edited by anybody at site or during transport, the votes are in danger. (We're talking editing the contents of the flash drive using a netbook. Not difficult to imagine.)

- If the capability to edit votes only belongs to the Smartmatic-TIM technician, the votes are in danger if the technician can be made to edit the votes.

- If there is no capability to edit votes, there is the possibility for the votes (maximum number, 1000 votes) of that specific precinct to be lost and the possibility of failure of elections to take place in that precinct.

Countermeasures:

- Ensure encryption of the data on board the flash memory device. 128-bit encryption is fine, but I'm hoping for 256-bit or higher (with computer speeds being what they are and the ability to crack codes and passwords by a dedicated geek).

- Security clearances for the Smartmatic-TIM technicians, violation of which puts them behind bars for life. I kid you not.

- Preparation for all precincts for manual counting if need be (if the flash drive is lost or stolen or whatnot). Now, I hope COMELEC does so; tough shit na lang, 'pre, if candidates are unable to prepare in the event of such failure.

Preparation for manual counting and recording for a failed precinct cluster (?) puts another layer of issues (such as providing means to count and record ballots manually) for the precinct. I did not feel satisfied with Commissioner Velasco's answer that there won't be much preparation on that score because there's little chance of failure -- see, only Nostradamus could predict which machines would fail and how.

On the other hand, the "failure to transmit" problem can perhaps be fought and made less likely to happen by doing a couple of things:

- Using landlines instead of GPRS as a means of transmitting the data

- Using Smart (maybe even Sun) instead of Globe cellular communications (because our friendly neighborhood terrorist New People's Army have a policy of bombing Globe cellsites, di ba?). Ganito na lang, use Globe in areas with high NPA concentrations, so that their candidates won't have their votes counted? Nyahahahaha joke lang... pero pakyu pa rin nila.

- If we have the money, use satellite data transmission, where landline or cellular communication is difficult (like where the NPA and MILF and Abu Sayyaf bomb places).

I also like the idea of crowd-sourced vote transmission -- texting/ calling/ emailing the count as a means of confirming the data to the other end -- but this mode is vulnerable. I think it's better to prepare.

Preparation is key. Yun yun.

***
I agree with Commissioner Velasco in the thinking that the speed of counting, transmission, and proclamation will be a major deterrent to cheating -- yup, by the time the Garcis are able to start doing what they do best, the proclamations have happened.

So then, further means of securing the vote:

- Everyone's got to keep a critical eye on the proclamations. With the public server, municipal, provincial, and national data available for all of us to look at, we can easily track any hanky-panky... unless there are operators at every single one of the 80,000 precinct clusters, each municipal and provincial center, and at the national level.

- Watch carefully any and all incidents of failure modes, especially if they result in the transport of the flash memory drives and manual counting.

- Urge the COMELEC to allow the public monitoring of election proceedings. NAMFREL and PPCRV may have little to do with the counting, but they could sure help in keeping a close eye on the proceedings.

Yun muna ha. Kain muna ako.

***
Hmmmm. Premature campaigning is now recognized by the courts, as reported on 24-Oras? We'll take a close look at this later, okay?

Pretty pala si Mariz Umali. La lang.

Later, folks. Maybe I'll add more to this post, pero let's not count on that, okay? Lots and lots of things are happening.

Travel Update (or, by all the gods I miss my Charley)

2009-09-15T01:52:00.002+08:00

Remember Seav's Lakbayan?

I felt the need to update my previous results -- for some reason I thought that I may have improved them.

Boy, was I wrong.

***
My current results, folks.

My Lakbayan grade is B-!

How much of the Philippines have you visited? Find out at Lakbayan!

Created by Eugene Villar.

Still B-minus, but the coloring's better.

That's some consolation, at least.

***
Now more than ever I miss having Charley.

Charley and me in Bacolod, in better days

Where's that Plurk heartbreak emoticon when you need it?

Haaaaay.

Four Days, Subic and Back (yes, this post is just an aide-memoire)

2009-09-13T21:22:00.002+08:00

Hello, folks. Been a while, yes? Kuwento time.

Last Thursday, I found myself on a bus to Subic Holiday Villas to attend a four-day seminar by the Philippine Center for Investigative Journalism, titled "Covering Automated Elections and Campaign Finance". The seminar was the second batch of several more sessions that the PCIJ was conducting.

It was fun.

I'm thinking that I'm going to be talking a lot about this seminar in the next few posts, about stuff I've learned and ideas have come to mind because of what I've learned. Heck, quite a lot of the stuff I'm going to be sharing will be from the PCIJ books we were given at the end of the seminar -- "News for Sale: The Corruption & Commercialization of the Philippine Media" (2004 edition) by Chay Florentino-Hofilena and "Cockfight, Horserace, Boxing Match (Why Elections are Covered as Sport): Lessons Learned from the 2004 Campaign Coverage" by Sheila Coronel, Yvonne Chua, and Isagani de Castro jr; yes, I've finished reading them, as well as Libertas' "Basic Guide to the Laws and Rules Governing Election Finance in the Philippines" -- to augment the stuff from my notes and from the large seminar hand-out.

Today, however, I'm just going to put stuff together, as a first step towards refreshing my memory... and maybe as a guide to what I can and should share in the posts to come, if you folks leave comments telling me what you think.

***
September 10, 2009: Day 1.

Welcomed by Malou Mangahas (executive director, PCIJ), Tita Valderama (training director, PCIJ), and Ed Lingao (multimedia content producer, PCIJ). First met with seminar roommates Dennis Jamito (senior reporter, Bombo Radyo) and Jay Llanto (researcher, Newsbreak). Saw fellow blogger Marocharim (check out his post of the seminar venue Silly Shootin’ Subic Stuff and Seminars). Met the other participants of the seminar soon after: Joey Aguilar (editor, Punto Central Luzon), Lei Alviz (news producer, GMA Network), Leslie Aquino (reporter, Manila Bulletin), Grace Asuncion (senior reporter, RPN 9), John Bayarong (stringer, Subic Times/ Agence France Presse), Nene Bundoc Ocampo (editor in chief, Punla - Pulso ng Madla), Sheila Crisostomo (reporter, The Philippine Star), Au Dagcutan (researcher, PCIJ), Carisa Manuel-Pancho (news desk editor, ABS-CBN News), John Roson (correspondent, Bandera), Jam Sisante (news producer, GMANews.TV). Interesting bunch of people, really; check out PCIJ's post Automation pains and paper cranes to listen to them offer their opinions on the upcoming elections in 2010. Carisa has a startling resemblance to one of the pretty classmates I had in college, but taller.

Totally bombed the little diagnostic quiz that was held.

Later met the seminar's youngest participant, Pax Andres of the College Editors' Guild of the Philippines (CEGP) and The Work of Tarlac State University. The boys and I pretend to give the fellow a hard time haha.

Spent the evening arguing with Ed about media. Heh heh.

September 11, 2009:Day 2.

Session opens with Malou giving an overview of media, politics, and elections in Las Islas Filipinas.

After the coffee break, we listen to political analyst Angelito Banayo speak on spin. Lito's fascinating talk covered more than the (Aside: if you plan to ask me to talk on this in detail, forget it. The whole thing is off the record. No, I'm not sorry that it is.)

Then, lunch.

Ed's session is on the "mojo", the multimedia journalist. His laptops and flip cameras are to die for; maybe I'll pester him to get one of each for me haha.

After the coffee break, Atty. Luie Guia (trustee and immediate past president, Lawyers' League for Liberty Libertas/Lente) had a session on election laws. I knew that my knowledge of that topic was sketchy at best, having trashed the quiz on elections, so it's great that Luie made a lot of stuff clear.

After dinner, hanging out with the media people. Luie is a cool lawyer. Introduced Jam (she's cute, right, Marocharim? Nyahahahaha) to the concept of kuwelyo (concept only, did not demonstrate).

September 12, 2009:Day 3.

Sessions. Uncovering Campaign Finance: a live training blog from Subic, where Luie now focuses on the moolah of candidates.

After coffee, we listen to Commissioner Armando Velasco of the COMELEC talk about poll automation (see Covering Automated Elections: a live training blog from Subic). Despite the fact that we more or less gave Commissioner Velasco a fairly hard time in the Q&A, he was a good sport about it. I think that he had a mild case of "deer-in-headlights"-itis when asked about stuff related to COMELEC and blogs and cyberspace.

After lunch we listen to Malou talk about investigative reporting (see Probing Politics & Elections: a live training blog from Subic). Great stuff; I now think I have a means to measure how well an investigative report I'm watching or reading was conducted.

After coffee, Malou continues with do's and don'ts in election coverage (see Do’s and Don’ts in Elections: a live training blog from Subic). Hmmm. I'll get to the idea of watching the watchdogs later (a lot of it came from reading the News for Sale book as well).

Ending the session, we get split into groups to discuss journalism best practices with regard to covering elections. I get to join Sheila, Jay, and John.

After the discussion, we chill a little. I kill time by pestering Marocharim while he writes his Blogging/Journalism post. The seminar participants are brought out to dinner in a steak place in Subic. Tablemates Marocharim, Joey, Dennis, John, Pax, and myself nearly kill ourselves laughing -- I doubt if the boys will ever forget gabi-flavor cigarettes or swallowing chewed guava leaves, especially Joey.

After dinner, some of us go buy stuff in Duty Free. We then take a stroll in the gloomy weather before going back to the hotel. At the hotel, we have another little social session, where a lyrics translator demonstrates his karaoke singing prowess together with a pretty media person (yes, we think they is cute together teeheehee).

September 13, 2009: Day 4.

Workshop output time: check out How Will We Cover 2010? A live training blog from Subic. My stuff was a slide show, check out Group Four's stuff here; it's a blog! Teeheehee.

Before we end, a course evaluation. My results? Two words: facepalm. 'Nuff said.

A sort of graduation, where we sort of introduce each other for the last time. When Malou mentions that we talked about the concept of this seminar long long ago, I'm touched that she remembers. I introduce Au and mention her little quirks -- amazing how anyone can live without eating veggies, yes?

Back to rooms to finish packing, then back downstairs to wait for the ride. At the lobby, we give Pax another hard time. Here now is me keeping a promise:

One of the fellows thinks that Lei is dreamboat-pretty.The rest of the fellows agree, of course.
(I haven't yet decided whether or not to tell all and sundry that it's Pax who is the one who said he thinks Lei is pretty.)

We organize for the ride back. Leslie, who is beside me, and I watch Deep Impact on my Vivi D., which hibernates at the last fifteen minutes of the movie. Bleh.

We make a pitstop at a gas station. One of them pretty girls takes a step or two into the men's room. Accidentally daw nyahaha.

At the jump-off point, we try to con Leslie out of her chocolates, so that she wouldn't have a hard time carrying a large and heavy duffel. We couldn't get any.

Time apart from seminar people begins with me writing this post.

Just so you good folks know, I'm cringing. What the heck had I been doing in the midst of such brilliant company for the past few days?

***
Later, folks. Will now make it home and start making paper sacks to wear over my head.

The Liberal Party Juggernaut... ?

2009-08-26T15:37:00.002+08:00

Just something to think about.

Aquino-Roxas 2010. Roxas-Padaca 2016.

What do you folks think about Noynoy, Mar, and Grace, and 2010 and 2016?

Hmf.

Mga Mangmang Daw Kayo Tungkol sa Pagtatalik, Mga Kapatid kong Pilipina. Kawawa Naman Kayo.

2009-08-25T14:07:00.002+08:00

I felt the need to add a new category to this blog, reproductive health, after reading this little piece of news: ONLINE SURVEY: Pinays don’t know their body and how it works.

The findings of the Kotex BodyLife IQ Study, which covered 1,800 women aged 12-24 from six Asian countries found highlighted this: "Of all the nationalities surveyed, Filipinas were the most misinformed, with the biggest body-knowledge gap... Eighty-three percent of young [Filipino] women surveyed believed myths about their body to be true."

How sad is that? Although the phenomenon isn't limited to Filipinas, clearly the excerpt applies as well and highlights even more the need for the passage of the Reproductive Health Bill and sex education in public schools:

"Many young women are ignorant of even the most basic facts when it comes to the essentials of womanhood," the study said.

"No matter how sophisticated they appear or how contemporary their lifestyles, or what country or city they live in, there are shocking gaps in the basic knowledge of their own bodies in 97 percent of all young women surveyed," it added.

That said, I also think that certain values being perpetuated in our society contributes to this. Check out this gem:

Over half of the respondents also said that they were afraid to ask questions during their sex education classes out of fear of being labeled "promiscuous."

Guess which sector of Philippine society tries its damnedest to perpetuate the crock of crap that "good girls are innocent", by which they mean ignorant? Or that rather stupid mindset that "only sluts know a lot about sex?"

Bleh.

So then, if the RH bill doesn't get passed in this session of Congress -- there's little in the way of time left, then we'll have to keep an eye on the platforms of those planning to get elected or reelected in 2010. I'm going to do my part and campaign against anyone who will not actively promote reproductive health; heck, I'll campaign doubly hard against anyone who actively opposes reproductive health.

I hope that this can be dispensed with by the bill becoming law, though. No point wasting time and allowing the perpetuation of ignorance to continue... especially if such ignorance results in the population pressures, the continuing increase in cases of AIDS and STDs, infant and mother mortality, and other such things that are without doubt bad for women generally and for the entire country in the long run.

Nakamamatay ang kamangmangan, lalo na kung magpapakatanga kayo at wala kayong gagawin para di kayo maiiwang mangmang. Tandaan ninyo yan, mga kapatid.

(Paging Representative Lagman and other congressmen, concerned senators of the Republic, and others smart enough to support and work for the passage of the Reproductive Health Bill. Hurry up, will you? Grow balls, just like what Quezon City Councilor Joseph Juico has.)

Know Your Rights Redux: The Index

2009-08-23T00:12:00.002+08:00

We're done with the civil and political rights series, folks. Here's the index of our posts:

Part 1 - civil and political rights basics

Part 2 - when the cops come knocking at the door

Part 3 - when the cops bring a search warrant to your door

Part 4 - what to do during a raid by the police

Part 5 - when being arrested

Part 6 - on being "invited for questioning"

Part 7 - a discussion on practical Miranda rights

Part 8 - some interrogation techniques used by police

Part 9 - when brought to the police station after being arrested

Part 10 - in detention and awaiting trial

Know your rights, folks. I hope this series helps some.

(Whew. Finally got that itch out of my system.)

Know Your Rights Redux, Part 10: Before the Bench

2009-08-22T23:40:00.003+08:00

Call it serendipity, call it alignment of the planets, call it blind luck, whatever -- but the Philippine National Police apparently has begun serious moves towards civil rights education of its officers. This is great news -- one of the observations that I've heard blogger Fritz make on Plurk is that better-trained cops will result in more effective crime fighting (or something like that).

However, as I've also heard MLQ3 observe ruefully, it has happened that some law enforcement officials operate under the modus operandi of "golpe de gulat" -- that is, some cops will surprise a hapless citizen with some law or other and take him to task over it. The citizen, of course, cannot plead ignorance -- the legal maxim of ignoratia legis neminem excusat is often used against the citizen in such cases.

(Quite a number of people I know have had such wonderful experiences with MMDA traffic enforcers and MAPSA cops, but those are stories for another time.)

It seems to me, then, that there is what I'd like to think of as an intellectual arms race between the public at large and a police force who has yet to reach standards of professionalism that will result in officers being accorded respect automatically by virtue of the shield worn by the cops. The weapons being stockpiled in this arms race is knowledge of one's civil and political rights, how they apply in a given situation, and how to respond when these rights are transgressed.

Sounds as if there's a war on civil rights between cops and civilians, doesn't it? Unfortunately, it's really hard not to think so, especially since the police operation manual mandated by RA 6975 and RA 8551 for the National Police Commission to make has not been sufficiently disseminated to the public, if at all made. I've heard plurker NerveEnding mention a symptom of this "golpe de gulat" mindset, when he said essentially that cops don't mess with lawyers (presumably because lawyers are familiar with civil and political rights), but do not accord the same deference to ordinary citizens.

I guess I should consider my posts on civil rights to be my contribution to the general public's stockpile, in this intellectual arms race. Knowledge of our civil and political rights and our human rights will go a long way in preventing them being trampled upon, which we might let happen had we not known about them.

That said, let me say for the record that I don't believe that I have had anything to do with the cops having to get rights training.

Nyahahahaha.

Okay, then. Today we'll be talking about what to do if you've been charged with a crime and if you're in detention awaiting trial.

***
For more discussions on civil rights, do read up on the primer made by the Free Legal Assistance Group (FLAG). Don't forget -- for real legal advice, ask a real lawyer.

In our previous post in the series we talked about being in the police station. Now, we're talking about civil rights and such if you've been charged with a crime and are in detention awaiting trial.

We'll make it short and sweet and quote directly from the FLAG primer.

YOUR RIGHTS IF YOU ALREADY ARE UNDER DETENTION

Your rights are:
- To be treated as a human being.

- To due process, which comprises the rights:
- To be informed of the written regulations governing the detention center;

- Not to be punished for any act except in accordance with those regulations;

- To be subjected to only such punishment for breaches of discipline as are the least restrictive means to maintain order and security in the detention center;

- Not to be subjected to corporal punishment, confinement in a dark cell or total isolation (bartolina).

- To receive visits from your family, friends and lawyers.

- To practice your religion.

- To adequate food and, if you desire, to procure food from outside, through the administration of the detention center or through family and friends.

- To wear your own clothing unless you have none, in which case the detention administration shall supply it, but such clothing must be different from that supplied to convicts.

- To healthful accommodations, with sufficient light and ventilation, and adequate sanitary and bathing facilities.

- To a separate bed with sufficient bedding.

- To at least one hour's daily outdoor exercise.

- To competent medical and dental service, and to be treated by your own doctor or dentist if there is reasonable need for it and you or your family or friends will pay for it.

- To be furnished with or to procure reading and writing materials.

- To be kept separate from convicts serving sentence.

- To a speedy, impartial and public trial.

Take special note, folks: a suspect in detention and awaiting trial must be differentiated from those already convicted by final judgment. Remember, despite appearances to the contrary made deliberately or inadvertently by law enforcement officials or media (yup, all those "presented to media" news stories), the Constitution provides for the presumption of innocence.

Consti 3:14, paragraph 2, friends.
***
Let me emphasize again, folks -- get a lawyer, even before you get to this point.

Now, once again, quoting directly from and adapting from the FLAG primer:

In all criminal prosecutions, you have the following rights:
- Not to be compelled to testify against yourself;

- To remain silent and to counsel;

- To be informed of the nature and causes of the accusation against you;

- To have a speedy, public and impartial trial;

- To appeal any conviction;

- To be presumed innocent until the contrary is proved;

- To be present and heard by yourself and counsel;

- To avail of court processes to secure the compulsory attendance of witnesses and the presentation of evidence in your defense; and

- To meet the witnesses face-to-face and to cross-examine them.

- When you are brought before the Judge, to make a formal complaint if you have been denied counsel, forced to confess, or manhandled, tortured or intimidated.

- To be released on reasonable bail, unless you are charged with a crime punishable by death and the evidence of your guilt is strong.

Release on bail does not bar you from challenging the validity of your arrest nor the legality of the warrant of arrest, provided you raise these challenges before being arraigned.

Once again, if you've gotten to this point, you should not cheat yourself of your rights. Get a lawyer.

There's a legal adage that goes "Anyone who attempts to defend himself in a court of law has a fool for a client."

Don't be one.

***
I feel I have to reiterate these hypothetical scenarios mentioned in the the primer, which I included in the previous post. Take special note of items (c) and (d)

(a) A common practice of investigating officers is to present a person arrested with a confession already drawn up and ready for signature, then to intimidate the suspect into signing the statement without reading it. And since uncounselled confessions have been disallowed under the Constitution, the investigating officers now have lawyers who are ready to assist you during the confession, to make everything legal and valid. Remain firm, but respectful. Insist that you would like to get your own lawyer, and ask for the opportunity to get in touch with your lawyer. Since they now know that you know your rights, the chances that you will be manhandled are reduced.

(b) If you have not been informed of your rights to remain silent and to have competent and independent counsel of your choice, the arresting officer or employee or the investigating officer who fails to inform you of your rights is liable to suffer a fine or a penalty of imprisonment, or both. If the arresting officer or employee or investigating officer has been previously convicted for a similar offense, s/he shall suffer the penalty of perpetual absolute disqualification.

(c) If the arresting officer or employee or the investigating officer or anyone acting upon their orders or in their place, fails to provide you with competent and independent counsel if you cannot afford the services of your own counsel, s/he is liable to suffer a fine or a penalty of imprisonment, or both. If the arresting officer or employee or investigating officer has been previously convicted for a similar offense, s/he shall suffer the penalty of perpetual absolute disqualification.

(d) Whoever obstructs, prevents or prohibits your lawyer, any member of your family, any medical doctor or religious minister, from visiting and conferring privately with you, or from examining and treating you, or from ministering to your spiritual needs, at any hour of the day, or, in urgent cases, of the night, is liable to suffer the penalty of imprisonment and a fine.

Take the time to get to know your rights. In our country in this day and age, such knowledge might be one day crucial to our personal survival.

***
So then, the civil rights series is finished. My next post will be the index of this post series.

Some of the contents of the very useful FLAG primer will be treated separately, such as what to do at a police checkpoint, what to do when one is stopped at a "stop-and-frisk" operation, and what to do if one believes one is under threat of being summarily executed -- "salvaged" -- may appear in future civil and political rights and human rights posts.

By the way, another thought on the civil rights education of PNP officers? Not only should the PNP be made to undergo such training; officers and agents of other law enforcement agencies -- the National Bureau of Investigation, the Philippine Drug Enforcement Agency, the Presidential Anti-Smuggling Group, the Presidential Anti-Organized Crime Task Force, the Philippine Coast Guard, et cetera, et cetera -- must likewise be made to undergo such training. The NBI, PDEA, PASG, PAOCTF, PCG, and other law enforcement agencies are no less required to follow proper procedure than is the PNP.

(And, no, I really don't think I had anything to do with this. Heh heh.)

Later, all.

Posts in this civil rights series:

Part 1
Part 2
Part 3
Part 4
Part 5
Part 6
Part 7
Part 8
Part 9
Part 10

Libra. Themis.

2009-08-21T21:00:00.002+08:00

Because of my posts on civil rights, someone sent me a me a message asking me to write a post condemning the beating up of the kids on Mendiola by the Presidential Security Group and the cops of Manila Police District. Here's Noemi's coverage of the August 19, 2009 incident at Mendiola, near Malacanang and its condemned Gate 7.

It was while law enforcement pals and I were discussing the news that 120 PNP cops were to get training in civil rights -- I was pointing out to them that I believe absolutely that I'd had nothing to do with that (teeheehee), and that I hoped that all law enforcers (such as the NBI, PDEA, PAOCTF, PASG, TF Kalikasan, et cetera et cetera) be likewise trained -- that I received the message. One of them said that it was obvious that I was going to write about it, and that this time the cops who don't want to look bad will have little to answer my criticisms with.

However, as I told my pals, it's not exactly prudent to write criticisms on such stories based on a single data point. I had quite a number of questions that I felt needed to be answered before I wrote about the issue; sure enough, my pals in law enforcement were surprised -- perhaps even pleased? -- that I was willing to wait for more data before putting up a post on the issue.

As it turns out, a knee-jerk condemnation of the cops and the PSG without condemning the excesses of the rallyists themselves will not only skew our knowledge of our civil rights but could also give the impression that willfully and knowingly breaking the law will be excused if one is beaten up by the cops. I let my friends know that I wasn't going to gloss over laws broken by the rallyists, and was planning to write from that perspective.

However, someone who may have learned about my planned angle later asked me to write a post saying that the rallyists deserved what they got. Apparently, the fellow thinks that because I plan to criticize the rallyists themselves that he can convince me to gloss over the excessive force so obviously employed by the cops and the PSG. Apparently, he thinks that I can do a Cerge Remonde, Lorelei Fajardo, or Anthony Golez for their sakes.

With all due respect, sir, SCREW YOU.

So, while this post is dedicated to rally leaders who think the "pakaawa effect" excuses breaking the law, this post will take especial pleasure in PWNing those in law enforcement who think that rights are optional.

***
Blogger Tonyo said on Noemi's plurk that "BP 880 and the SC's interpretations of it should be the guide. Brutal response to BP 880 'violators' is illegal", and was completely correct to point this out. The applicable law (Batas Pambansa Blg. 880) and the controlling doctrine set forth in the Supreme Court's decision (Bayan vs. Ermita) set the standard against which all actions in this case will be measured.

We begin with the rallyists' actions.

Bayan vs. Ermita upheld the constitutionality of BP 880, the law which requires public demonstrations to secure permits for rallies. Section 4 of the law says:

Permit when required and when not required. A written permit shall be required for any person or persons to organize and hold a public assembly in a public place. However, no permit shall be required if the public assembly shall be done or made in a freedom park duly established by law or ordinance or in private property, in which case only the consent of the owner or the one entitled to its legal possession is required, or in the campus of a government-owned and operated educational institution which shall be subject to the rules and regulations of said educational institution.

Clear, yes?

Did the rallyists secure a permit? Apparently not, as all reports describe the event as a "lightning rally."

Is Mendiola one of the freedom parks of the City of Manila, and thus no permit is required? Nope, it's a street, a public place.

Is Mendiola private property, and thus no permit is required? Nope, it's a street, a public place.

Is Mendiola a government campus, and thus no permit is required? Nope, it's a street, a public place.

Clearly, a permit was required. The rallyists did not secure one.

Did they violate the law? Yes. They face a maximum of six months for that violation.

Further, by willfully, knowingly, and illegally causing disturbance and scandal in a public place, by willfully, knowingly, and illegally storming the Palace gates and willfully, knowingly, and illegally violating a restricted area and entering without authorization (well, they didn't have authorization, did they), they could face further charges. (Speaking of violating the restricted area of Malacanang, it's apparently easier than I thought. Heh heh heh.)

Aside from violating BP 880, then, it's fair to say that the rallyists can face charges of violating Articles 155 par. 4 and Article 151, possibly even Article 281, and whatever else is provided for by ordinances and Executive Orders covering security and peace and order in the Malacanang area.

Six months? Heck, multiple sets of a maximum of six months each, if we are to measure the rallyists' actions against BP 880, Bayan vs. Ermita, and the laws of the Republic, as Tonyo has correctly pointed out we should.

***
Continuing with measuring the incident against BP 880 and Bayan vs. Ermita, we next go to whether or not the authorities should have dispersed the rally. Section 11 of BP 880 says:

Dispersal of public assembly without permit. When the public assembly is held without a permit where a permit is required, the said public assembly may be peacefully dispersed.

What constitutes peaceful dispersal? Unfortunately, while RA 6975 and RA 8551 mandate the National Police Commission to provide a manual for police operations, this manual (if it indeed exists) has not been officially made public nor has it been disseminated to the public at large -- thus, we cannot know for certain what constitutes peaceful dispersal as defined by law enforcement officials. However, we can be sure that these scenes do NOT constitute peaceful dispersal (video from GMANews.TV):

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A lot of photos on Noemi's post, as well.

With such clear acts of violence by the cops and the Presidential Security group, I support completely the moves by the Commission on Human Rights to to investigate the incident. Aside from the obvious violations shown on the video (such as physical assaults on rallyists already on the ground and a security officer about to draw his sidearm), quite a number of procedural violations are indicated in the footage and the stills from the event, such as:

- civilian involvement in the dispersal of the rallyists

- involvement of soldiers and security officers in plain clothes (rally dispersal must be made by properly-uniformed policemen)

Unfortunately, because of the fact that the PSG has jurisdiction over Palace security, there is a rather high likelihood that the second item mentioned above will not be held against them, but there is very little chance that the first item can be excused.

The MPD cops are in for it... and I doubt rather highly that the PSG will be taken to task -- except that the PSG commander and his men will be given a rather stern reprimand for dereliction of duty.

(Perhaps in another post we can explore the concept of a civilian law enforcement agency being in charge of presidential security instead of a military unit being so, as plurker has SJSanJuan opined. Why not? After all, the US Secret Service is a unit under their Treasury Department.)

So, then, what can we say about the cops' intending to file cases against the protesters and the countersuits by the rallyists?

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Well, let them file against each other. Neither side should be let off the hook for their violations of the law.

***
What of the report that Kabataan party-list representative Raymond Palatino's intention to have a congressional probe on the incident? I'm all for it, if the goal is to amend RA 8551 and RA 6975 and finally provide a police operation manual that everyone can be made aware of and as such guarantee the rights of both citizens and law enforcement officials. If the goal, however, is to simply give the cops a hard time without giving due weight and penalty to the violations made by the rallyists, then I'd probably tell the congressmen to go screw themselves for encouraging the uneven application of law and justice.

Anyone who violates the law must be made to answer for it, whether or not he belongs to the political affiliation you agree with. Heck, the defense of civil rights must be even-handed; the civil and political rights you shield yourself with must likewise shield those whom you hate. Cop or rallyist, the same rights protection accorded by our laws apply; corollary to this, there must be no special treatment in dealing out the penalties provided for by law.

Today is the 26th anniversary of Ninoy Aquino's martyrdom, which sparked the return of the Philippines to democracy via the EDSA revolution, his widow Cory's presidency and the establishment of the 1987 Constitution. I believe that anyone who demands special and therefore unequal application of civil rights and protection under the law spits on them.

Civil rights and the rule of law must apply to all, or we might as well choose a totalitarian regime -- and it wouldn't matter a whit whether it was of the Left or the Right.

'Nuff said.

PLAGIARIZED! (UPDATED)

2009-08-17T14:12:00.009+08:00

(UPDATE August 26, 2008: Webmaster of blog has sent apology and has credited the blog post appropriately. It seems to be an honest mistake on his part, and quite likely won't do it again, with this blog or those of others. All's well that ends well. Tee hee hee.)

(UPDATE: Added screen captures, added a new tag. Left a comment on the blog, still under moderation at the time of this writing -- see last screen capture -- because I couldn't find an email address yet. I won't be sending any messages to the California Bar yet because it's still Sunday in California at the time of this writing. I gotta admit, I'm a bit ticked off by this.)

Link to the post above here. Link to plagiarized post here.

Ms. Benninghoff, is the California bar unclear on what constitutes ethical behavior?

More screen captures:

Hoo boy. Things like this contribute to giving law practitioners a bad name. Now to contact Ms. Benninghoff to see what she intends to do about it.

UPDATE: Well, her webmaster did something about it. The fellow credited the post just as Creative Commons would've guided.

All's well that ends well.

Know Your Rights Redux, Part 9: At the Cop Shop

2009-08-17T02:23:00.003+08:00

UPDATE: Added complete series links.

I know, I know, I've gone for quite a while without any serious posts that you good folks apparently follow this little niche of cyberspace for. (MJdC, I honestly don't know how to reply to you.)

It's been crazy, hasn't it, these past few days?

Just recently, we lost a democratic icon and we said goodbye the best we could.

Just recently, we joined protests (albeit online) against the debasement of national institutions -- we hope that the protests do not end until the situation is rectified.

Just recently, we've been reminded yet again of terrorists and criminals, cowards who would attack civilian property and civilian persons and civilian lives, giving the lie to the "army" that they have the audacity to claim that they are, being even more audacious in lying by calling themselves a "people's army". What army of a people would attack its own? What army of a people would commit assault, arson, and extortion against its own? The NPA have yet again shown their true colors -- armed bandits and thieves, they are, and if Themis smiles on us the lot of them will one day face the bar of justice.

Just recently, we've learned of the deaths and desecration of gallant men, needless sacrifices because of betrayals by those who break their promises -- a matter that the powers-that-be have chosen to ignore. If there was any honor left in those in command, they would not allow such travesties -- which have happened before -- to happen again.

Just recently, we've learned -- yet again -- how officials have been living it up, doing lots and lots of spending of taxpayers's money, while those working hard and serving the nation are surviving on scotch tape and piano wire. Maybe it's because of Cory's death that public opinion counts for something again.

With our responsibilities as citizens brought to the forefront of our consciousness by our mourning for Tita Cory's passing, it is going to be a damn shame if we keep our dissent to ourselves. It is going to be a damn shame if we do not hold our officials accountable for their misdeeds because we consider ourselves powerless. It is going to be a damn pitiful shame if we yet again allow ourselves to forget that the price of liberty is eternal vigilance.

In a another past post, we dedicated this post series to Melissa Roxas. I think I'm going to take that one step further and dedicate it to all of us Filipinos.

We regained the free exercise of our civil and political rights in 1986; hell, the 1987 Constitution was crafted with human rights being one of its primary foundations. We owe it to ourselves to learn our rights by heart, learn to protect our rights, and learn to exercise our rights.

Thus, we continue the series. Today, we'll return to the rhythm of the series and speak of what to do when arrested and brought to the police station.

***
For more discussions on civil rights, do read up on the primer made by the Free Legal Assistance Group (FLAG). Oh, and lest you forget -- for real legal advice, get a real lawyer, won't you?

In our previous post in the series we talked about some police interrogation techniques. I hope that it's informative enough a read for you good folks.

(I've learned that that post -- heck, the whole series -- is pissing off quite a number of law enforcement officials. Some of them don't like us ordinary people learning of this stuff. Don't know why that is.)

(Now I won't be able to sic these cops on people who piss me off. Okay, I'm kidding. Heh heh.)

That post, however, glossed over what to expect when one is already put under arrest and is now being brought to the nearest police station. Again, folks, don't forget your Miranda rights; these should have been read to you, and the cops MUST not have mistreated you in any way nor have handled you badly in any manner.

Let's walk the next steps through, shall we.

As soon as you have been arrested, the clock has begun to count down AGAINST the law enforcement officials. Why? You have to be brought to a prosecutor or judge for inquest proceedings within a set time limit. The time limits are:

- 12 hours after arrest for a light offense.

- 18 hours after arrest for a less grave offense.

- 36 hours after arrest for a grave offense.

What constitutes light offense, less grave offense, and grave offense are guided by Article 9 of the Revised Penal Code (cross-reference with Article 25). So, to clarify further, you have to be brought to a prosecutor or judge for inquest proceedings within these time limits:

- 12 hours after arrest for an offense whose maximum punishment is 30 days imprisonment.

- 18 hours after arrest for an offense whose maximum punishment is within six months and one day to six years imprisonment.

- 36 hours after arrest for an offense whose maximum punishment is six years and one day imprisonment or more.

To put it in perspective, let's say this: you have to have inquest proceedings within 12 hours if you have been arrested for alarm and scandal (violation of Art. 155); it's 18 hours if you have been arrested for libel by writing (violation of Art. 355); it's 36 hours if you have been arrested for homicide (violation of Art. 249).

Note that the cops cannot detain you without charging you with anything; keeping you in detention, even for a short period of time, without having initiating inquest proceedings, will be violating Article 124, which is the law punishing arbitrary detention. Also, if they detain you for, say, 18 hours then charge you with alarm and scandal also makes the cops violate Article 124.

That's a pretty heavy deal, by the way, arbitrary detention. Therefore, make sure you are aware of the exact time you have been placed under arrest. The law is strict on this -- a minute's delay for inquest proceedings is a minute that will earn the cops six months in jail.

(I wonder if it is because I'm telling you good folks these that I'm pissing some cops off? Hmmm.)

***
Okay, so now you've been brought to inquest proceedings before a civilian prosecutor. Let's not lose our head, eh? Your lawyer should have arrived by now, if you had already called him. The prosecutor can do either of two things: order your release or affirm the legality of your arrest.

If the prosecutor orders your release, this doesn't necessarily mean the end of an investigation on you (assuming there was one started in the first place). It often means that the cops don't have much in the way of evidence (or, more likely, they've fumbled it; yes, my friends in law enforcement admit that it's happened more times than they're willing to admit publicly).

If the prosecutor affirms the legality of your arrest, he is required to file a complaint before the trial court. Here is where it gets sticky, though, the part after the prosecutor affirms the legality of your arrest. See, usually, if the prosecutor affirms the legality of your arrest, he will ask you if you want a preliminary investigation. If you say that you want one, the prosecutor is quite likely going to slide a waiver over to you for you to sign.

DO NOT SIGN THE WAIVER UNLESS YOU UNDERSTAND THE CONTENTS OF THE WAIVER. Better yet, consult with your lawyer, whether or not to sign.

See, usually, the signing of the waiver means that you are going to stay in jail until the preliminary investigation. A lot of law enforcement people don't admit this publicly, but this waiting in jail until the preliminary investigation often takes quite a lot of time... and the suspect hasn't even faced the court yet.

If the suspect doesn't sign, well, the prosecutor is forced to file a complaint before the court with what little evidence he has... and good luck to him. If he doesn't file a complaint but he and the cops don't let the suspect go -- that's an Article 124 violation right there.

Also, the signing of the waiver often means that you are waiving your right to file cases against those who arrested you. So, if the cops have violated your rights or you've been subject to police brutality but you sign the waiver knowing full well that you're waiving your right to file cases against the cops... good luck to you, man.

Bottomline -- and I'm quoting this directly from the FLAG post -- is that you should take note of these:

You must be informed in a language known and understood by you of the reason for your arrest, and you must be shown the warrant of arrest. All other warnings, information or communication must be in a language known and understood by you.

You must be warned that you have the right to remain silent and that any statement you make may be used as evidence against you.

You must be informed that you have the right to be assisted at all times and have the presence of an independent and competent lawyer of your own choice.

You must be informed that if you have no lawyer or you cannot afford the services of a lawyer, one will be provided for you; and that a lawyer may also be engaged by any person on your behalf, or may be appointed by the court upon a petition by you or by one acting on your behalf.

Whether or not you have a lawyer, you must be informed that no custodial investigation in any form shall be conducted except in the presence of your lawyer or unless you have validly waived any of your rights.

You must be informed that you have the right, at any time, to communicate or confer by the most expedient means (telephone, text message, radio, letter, or messenger) with your lawyer, any member of your immediate family, any medical doctor, priest or minister you choose or one chosen by your immediate family or lawyer; you must also be informed that you have the right, at any time, to be visited by and confer with duly accredited national or international non-governmental organizations.

You must be informed that you have the right to waive any of your rights provided you do so voluntarily, knowingly, intelligently and you understand the consequences of your waiver.

If you waive your right to a lawyer, you must be informed you must waive your right in writing and in the presence of your lawyer, otherwise you must be warned that your waiver is void even if you insist on your waiver and you choose to speak.

You must be informed that you may indicate in any manner at any time or stage of the process that you do not wish to be questioned and that once you make such indication, you may not be interrogated, if the interrogation has not yet begun, or the interrogation must cease if it has already begun.

You must be informed that your initial waiver of your right to remain silent, your right to counsel, or any of your rights, does not bar you from invoking yours rights at any time during the process, regardless of whether you have answered some questions or volunteered some statements.

You must also be informed that any statement or evidence obtained in violation of any of the above procedures or guidelines, whether inculpatory or exculpatory, in whole or in part, is inadmissible in evidence.

These required procedures were made clear by the Supreme Court in People v. Mahinay (G.R. No. 122485, February 1999); the cops know this -- and so should you.

Keep your cool, folks. What a lot of people don't realize is that being under arrest is not the big deal that the media often puts it forward to be.

In fact, the arrest is where most law enforcement officials fail -- and why a lot of criminal cases are bungled.

***
Speaking of bungling, the FLAG post (really, I keep asking myself why I haven't seen the primer being circulated much), speaks of a few other scenarios where the cops pretty much make a mess of things. I'll let these speak for themselves:

(a) A common practice of investigating officers is to present a person arrested with a confession already drawn up and ready for signature, then to intimidate the suspect into signing the statement without reading it. And since uncounselled confessions have been disallowed under the Constitution, the investigating officers now have lawyers who are ready to assist you during the confession, to make everything legal and valid. Remain firm, but respectful. Insist that you would like to get your own lawyer, and ask for the opportunity to get in touch with your lawyer. Since they now know that you know your rights, the chances that you will be manhandled are reduced.

(b) If you have not been informed of your rights to remain silent and to have competent and independent counsel of your choice, the arresting officer or employee or the investigating officer who fails to inform you of your rights is liable to suffer a fine or a penalty of imprisonment, or both. If the arresting officer or employee or investigating officer has been previously convicted for a similar offense, s/he shall suffer the penalty of perpetual absolute disqualification.

(c) If the arresting officer or employee or the investigating officer or anyone acting upon their orders or in their place, fails to provide you with competent and independent counsel if you cannot afford the services of your own counsel, s/he is liable to suffer a fine or a penalty of imprisonment, or both. If the arresting officer or employee or investigating officer has been previously convicted for a similar offense, s/he shall suffer the penalty of perpetual absolute disqualification.

(d) Whoever obstructs, prevents or prohibits your lawyer, any member of your family, any medical doctor or religious minister, from visiting and conferring privately with you, or from examining and treating you, or from ministering to your spiritual needs, at any hour of the day, or, in urgent cases, of the night, is liable to suffer the penalty of imprisonment and a fine.

Take note of those, friends. Know your rights.

***
Alrighty, folks, that's that. Our next post will deal with what to do when you're behind bars and are awaiting trial.

Yes, friends, despite all the movie and TV misinformation that we grew up with -- you know, bad movies and the like -- we have to be aware that the enjoyment of our rights can only be curtailed after due process has been served. Consti 3:1 -- keep that in mind. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Later, friends... I have to find out how much more I've pissed off my pals in law enforcement. Or their bosses.

Tee hee hee.

Posts in this civil rights series:

Part 1
Part 2
Part 3
Part 4
Part 5
Part 6
Part 7
Part 8
Part 9
Part 10

(P.S. Miss Mary Grace M., do send me the survey form so I'll be able to decide yes or know, if that's okay? Thanks.)

Request Express (or, songs the jester-in-exile would love to hear Lea do renditions of)

2009-08-15T17:51:00.001+08:00

Full disclosure, folks: I'm not much of a Lea Salonga fan. Heck, in my younger days I avoided her music if I could help it. Yep, I've even professed to go for Debbie Gibson's Eponine instead, Les Miz being a personal favorite among the Broadway stuff I grew up with.

Dunno why that's been so -- I think that her I am But a Small Voice turned me off all those years ago and I never got over it. In some way I also blame Lea for the rise of the birit queens -- after all, they can't really match Lea's star quality, so they make it up for it by screaming their lungs out and thus have been assaulting our eardrums for far too long.

(Okay, that was tongue-in-cheek. Sorta. Heh heh.)

However, after watching her sing Bayan Ko in a fitting tribute to a very special woman (of whom I will always associate the sight of sunflowers), I've become fond of Lea. Hey, what can I say, love at first sight can and does happen. Teeheehee.

Thus, when theater blogger Gibbs Cadiz wrote a post about Lea asking for requests for songs she'll be performing in a December concert, I felt that maybe I should put in a request. Kind of like a thank-you for Lea's honoring Tita Cory with her voice. Now, I'm sure most folks identify Lea with those classics and ballads and pop standards that she's performed over the years, but since Gibbs did say "the unlikelier the better", I felt that maybe it won't be a long shot to request for the female vocal music I gravitate to.

What can I say? I love 90's-era music and such. Most of these requests will be stuff I've loved having on heavy rotation -- maybe I should make myself a mix-CD soon. Hmmmmm.

Haha. Well, maybe some of the songs here are just for the hell of it. Heh heh.

Anyway, here's what I'd be requesting Lea (actually, I already sent one song request, but this post is a little wish list), in alphabetical order by artist, limiting one song request per artist:

- Turn Back Time, Aqua
- Fast Car, Tracy Chapman
- Feelin' Love, Paula Cole
- When You're Gone, The Cranberries
- Here With Me, Dido
- Tourniquet, Evanescence
- Respect, Aretha Franklin
- Alone, Heart
- Wishing I Was There, Natalie Imbruglia
- Time After Time, Cyndi Lauper
- Why, Avril Lavigne
- Why, Annie Lennox
- Do You Sleep, Lisa Loeb
- You Oughta Know, Alanis Morissette
- Sober, Jennifer Paige
- All Mine, Portishead
- Piano in the Dark, Brenda Russell
- No Air, Jordin Sparks

Okay, I better stop now before I spend the rest of the day and night adding to this wishlist.

Maybe I'll add more later, who knows?

Thanks for the heads-up, Gibbs!

The Jester-in-Exile Offers His Sympathies...

2009-08-07T14:39:00.003+08:00

... to Filipino artists, writers, and musicians everywhere, of whom he holds in great esteem.

The necrological service should be ongoing right about now.

Requiescat In Pace
GAWAD PAMBANSANG ALAGAD NG SINING
(NATIONAL ARTIST AWARDS)
1972 – 2009
PAGDADALAMHATI NG BAYAN PARA SA GAWAD PAMBANSANG ALAGAD NG SINING
(NECROLOGICAL SERVICE FOR THE NATIONAL ARTIST AWARDS)

Agosto 7, 2009
2pm – 5pm

Lamay: CCP Front Ramp
Prusisyon: Plaza Roma hanggang NCCA
Libing: NCCA

P R O G R A M A
(P R O G R A M)

PAGTITIPON
Kung saan magtitipon ang mga nagluluksang Pambansang Alagad ng Sining, mga artista, pangkulturang manggagawa at ang mga nakikiramay sa CCP Ramp

PROSESYONAL
Ng nga Kababaihang Nakaitim Na May Lulang Korona ng Bulaklak

LUPANG HINIRANG
Pangungunahan ni Bituin Escalante ang pag-awit ng “Lupang Hinirang”

PAMBUNGAD
Pagpapahalaga ng Pambansang Alagad ng Sining Salvador Bernal sa layunin ng pagtitipon

PARANGAL
Pagpapahalaga ng Pambansang Alagad ng Sining BenCab tungkol sa birtud ng Gawad Pambansang Alagad ng Sining

PAG-ALAY NG BULAKLAK AT HIMIG
Pag-alay ng bulaklak ng mga dumalong Pambansang Alagad ng Sining habang tumutugtog ang musikerong si Renato Lucas sa cello

BALAC
Balagtasan ng mga makata ukol sa usaping “Paano Kumatay ng Pambansang Alagad ng Sining”

PAYASO
Ihahayag ni Juana Change ang kanyang panig na pinamagatang “National Artist na Ako! – Have Mercy on Us!”

DALIT
Ipagdadasal ng lahat ang Gawad Pambansang Alagad ng Sining at mananalangin na iadya sa mga budhing masasama. Pamumunuan ng Pambansang Alagad ng Sining Virgilio Almario habang sumasagot ang Lahat ng sabay sabay.

MANIPESTO
Babasahin ng Pambansang Alagad ng Sining Bienvenido Lumbera ang Panawagan at Paninindigan ng mga Artista, Pangkulturang Manggagawa at ng Nakikiramay na Bayan.

RESESYONAL
Isasakay ang Korona ng Bulaklak sa auto-punebre at hahanay ang mga sasakyan para sa motorcade patungong Intramuros

PRUSISYON NG TAUMBAYAN
Magtitipon ang lahat sa Plaza Roma at magpuprisyon patungo sa Tanggapan ng National Commission on Culture and the Arts (NCCA).

LIBING
Ililibing ang Gawad Pambansang Alagad ng Sining sa paanan ng Tanggapan, iiwan ang Korona ng Bulaklak at magtitirik ng mga kandila.

Pinapayuhan ang lahat na magsisidalo na:
Magsuot ng panluksa
Magdala ng itim na payong
Magdala ng kandila
Ipaalam kung maaring magsama ng mga kabayan sa sasakyan papuntang Intramuros (car pool)

Ito ay nagsisilbing imbitasyon at maaring ipalaganap sa lahat ng mga nagmamahal sa Sining, Kultura at Katotohanan.

Photo credits to Azrael, Komikero for the program.

Sunflowers

2009-08-01T15:33:00.001+08:00

I had just turned eight years old several days before, when EDSA happened and the Marcoses fled. Baguio in February enjoyed the sight of sunflowers in full bloom, and save for the red alert status of the military camps of the city my childhood memories do not include the tension that must have gripped those who were on Epifanio delos Santos Avenue that fateful week in 1986.

I remember the petty arguments of my fellow children at the public elementary school I went to -- those who parroted "Marcos pa rin!" were shouted at with "Laban! Laban!" (fortunately we were all friends enough not to engage in fisticuffs over such things) -- and I remember how some of the kids made a fad out of carrying the bright yellow flowers picked from the bushes along the sidewalks.

I remember growing up through the troubled Aquino presidency. I remember how she was derided by the elders as "Calamity Cory". I remember how she was laughed at for her perceived ineptitude. I remember how we kids were being told to shut up because we didn't know how good it was in the days of the fallen dictator.

But I remember the words of one old man, a retired Army sergeant who had seen combat in Bicol and Mindanao, a man that officers treated with the utmost respect for his courage under fire. He spoke quiet words that brought an ashamed silence to those speaking ill of the president: "No addadapay daguiti Marcos, kayayo aya nga agsarita ti dakes kadakuwada?"

She was not perfect, our Corazon. She herself knew it, and she was humble about it. To my mind, it is this humility that uplifted her above her shortcomings. She recognized that the power she had was from the people -- and to the people she returned it, stepping down from the presidency with dignity and grace, leaving office as she entered it: a widow and an ordinary citizen. Called to greatness she was, and reluctantly did she accept her role -- but with all willingness to return it to the country when her time was done.

There are no sunflowers that I can see on this rainy day. No matter.

In my mind, sunflowers bloom for her. In my heart, sunflowers always will.

There Are Not Words Enough.

2009-08-01T14:00:00.001+08:00

In 1972, our country was taken from us by force in the dead of night and kept from us by deception. We became exiles in our own land. Now we have our country back. And it is fitting that, as we lost it in darkness, we have regained it in the night.

We are home again, in a country we can once more call our own. We have won back our country and won it with bravery, sacrifice, honor, and distinction. This night marks our true independence. We owe no one for our freedom but ourselves.

It is not for me to thank the Filipino people; it is for all of us to welcome ourselves home. Mabuhay ang Pilipino.

- from Cory Aquino’s victory statement, February 8, 1986

I grieve with thee, Philippines.

***

(Hat tip to MLQ3 and inquirerdotnet.)

Paalam Po, Tita Cory

2009-08-01T11:41:00.001+08:00

María Corazón Cojuangco Aquino
January 25, 1933 - August 1, 2009

We must embrace pain and burn it as fuel for our journey. - Kenji Miyazawa

And so we shall. We shall not forget you, nor that you brought us back into the light. Rest now, it is our turn to do the fighting.

Au revoir, Madame President. Do give our respects to your husband.

Respectfully yours,

the jester-in-exile

***
To the Aquino family, to her friends, and to a nation who has lost through Cory Aquino's passing so much, the jester-in-exile humbly offers his sincere condolences.

May she rest in peace, and may our hearts find ease.

Carlo J. Caparas. National Artist. spits

2009-07-31T12:25:00.005+08:00

(UPDATE: National Artist for Visual Arts Ben Cabrera -- yes, the BenCab -- expresses his displeasure over what he calls "a mockery of the system". BenCab, along with Director General of the Film Academy of the Philippines Leo Martinez intend to boycott the NCCA ceremony honoring the newly appointed National Artists.)

This is what the National Commission on Culture and the Arts says about the title "National Artist".

The Order of National Artists (Orden ng Gawad Pambansang Alagad ng Sining) is the highest national recognition given to Filipino individuals who have made significant contributions to the development of Philippine arts.

Carlo J. Caparas, National Artist.

The Order of National Artists is one of the Honors of the Philippines that embodies the nation’s highest ideals in humanism and aesthetic expression through the distinct achievements of individual citizens.

Carlo J. Caparas, National Artist.

While the Republic bestows due recognition to these singular achievements, it in turn honors its own cultural heritage, whose enrichment these achievements have significantly effected, enhanced, and given direction.

Carlo J. Caparas, National Artist.

These achievements are measured in terms of their vision, unusual insight, creativity and imagination, technical proficiency of the highest order in expressing Filipino culture and traditions, history, way of life, and aspirations.

Carlo J. Caparas, National Artist.

*spits*

***
But let the man speak for himself:

"Kaya lang, ganyan talaga kung may something for grabs. E, iisa lang ang pipiliin. Sana, maghintay na lang sila ng tamang panahon sa gusto nilang manalo. Hindi naman ito palakasan."

"I think na nakapag-cross over ako from komiks to the movies and television. Kaya wag mag-alala ang mga critics ko, may pagkakataon pa sila o ang mga manok nila na manalo in the future. They cannot take the award from me anymore.

"Something for grabs"? "Gusto nilang manalo"?

Goddammit, Mister Caparas, the National Artist is a TITLE, an honor, a distinction for and by and representative of the Republic! IT IS NOT SOME GODDAMNED STUPID FILM AWARD THAT EVERYBODY RECEIVES AFTER SOME FILM FESTIVAL DEDICATED TO CRASS AND COMMERCIALISM!

Baka ang nasa isip nila ay bata pa ako. Pero hindi naman ‘yon ang basehan. Sino naman ang ko-contest sa decision ng Cultural Center, ng NCCA at ng Malacañang tungkol sa award na ito? Mabuti na nga at ngayon pa lang ay ibinibigay na ang ganitong award sa mga taong nandito. Ang akala kasi nila ay sa matatanda o sa beterano o sa mga patay na ibinibigay ang ganitong award."

For you to belittle the honorific that is the National Artist in such a manner, to insult the memory of the likes of Nick Joaquin, of Lino Brocka, of countless others who have uplifted the Filipino people with the spirit of art and humanism... for that, Mister Caparas, I say to you, SHAME BE ON YOU.

If the community that comprises Philippine cinema does not protest this travesty, if the community that comprises Philippine graphic arts does not at least raise a hue and cry, then this I will do as further protest: I will reject Philippine cinema and graphic arts and shake the dust off of my feet, and I will encourage others to do the same.

If those who have been treated with disrespect lay back and enjoy the rape, then I will not defend them nor be a patron to them.

Bleh. What a farce.

Know Your Rights Redux, Part 8: Poisoning the Tree

2009-07-30T23:04:00.006+08:00

(UPDATE: Just for light reading -- this is how a cool-headed cop can make us citizens respect the badge.)

(UPDATE 2: On Ted Failon's radio show on the morning of July 30, 2009, apparently presidential spokesperson Cerge Remonde said that the ONLINE protests about Melissa Roxas -- blog posts, forum pages, comments, Tweets, and whatnot -- will not reach US president Barack Obama. "Bloggers lang sila"? Perhaps Remonde has forgotten the NET-SAVVY Obama's election was to a large part due to online advocacy? Heh.)

(UPDATE 3: Added complete series links.)

An underhanded tactic in debate that is employed with much success (it seems to me) is the tactic of "poisoning the well". One way of describing the fallacy of poisoning the well is that it is an attempt to impugn someone's objectivity by claiming that he or she has a vested interest in the view he or she defends. Another is to that it is an attempt to discredit a person or an organization before they have a chance to explain or defend themselves publicly, the purpose is to influence what people will think before they ever hear what is going on... The desired result is that people will prejudge the arguments made or evidence provided because they have developed a negative view of the person offering those arguments or evidence.

These things said, the fallacy of poisoning the well is considered a special case of argumentum ad hominem.

(Yes, you'll find many of those in some comment threads of this blog.)

In our previous post in this civil rights series, we noted that Bantay and ANAD party-list congressmen Jovito Palparan and Pastor Alcover, jr, have been attempting to cast a pall on the testimony of Melissa Roxas, the American writer and poet of Filipino descent allegedly tortured by government agents. They do this by claiming that Roxas was an armed New People's Army rebel, with the Armed Forces of the Philippines supporting the authenticity of the claim, with AFP spokesman Lieutenant Colonel Romeo Brawner, jr's saying that the content of such video "is a good development because we are seeing another side of Melissa Roxas". Heck, they are apparently building a case against Melissa.

Classic poisoning the well strategy. "Don't believe Melissa because she is a lying NPA amazon," is the name of the game.

Not content with that, however, it seems that Palparan, Alcover, and the AFP's attempts to poison the well have gone into high gear. Congressman Alcover has attacked the credibility of Commission on Human Rights chairperson Leila de Lima, and says that he intends to file a case against the commissioner. He is quoted to have said:

Alcover added that because he is now in doubt of de Lima's integrity as CHR chairperson, he only gave the commission a copy of the videotape and not the original one.

"Her bias in favor of the communists is my reason for filing an impeachment charge against de Lima. Imagine, she even questioned why Anad is accredited by the Commission on Elections (Comelec), but she did not question why Bayan Muna and other communist groups are accredited by the Comelec?" Alcover said.

He also said that de Lima's bias also surfaced the other day when, in an interview, she said the issue of whether Roxas is a communist or not is irrelevant.

What an effing idiotic statement, that last one, especially if it comes from a government official. The Philippines is a signatory to so many treaties and conventions that say torture and suchlike are criminal offenses, no matter the victim's political beliefs or affiliations, and then Alcover says that?

Some sorta-kinda champion of democracy you've turned out to be, Pastor. EPIC PHAIL. "Don't believe the Commission on Human Rights because they are biased," is the name of this recent development, is it?

If you have the stomach for it, watch this video and read this story for more of Alcover, Palparan, and the farce that they bring to the proceedings.

Poisoning the well. The classic ad hominem logical fallacy of attacking a person's credibility such that any statement made will be disbelieved.

Bleh.

Today we'll talk about a different kind of poisoning -- it's poisoning the tree, which results in the fruit of the poisonous tree. This legal maxim refers to the inadmissability of evidence acquired via illegal means.

Specifically, we'll be talking about methods of interrogation, and how they may be used to infringe on the rights of the accused... and if you want real legal advice, get a lawyer, won't you?

***
In our previous post in the series we talked about our Miranda rights. Remember them?

May karapatan kang manatiling tahimik.

Kahit ano na iyong sabihin ay maaring gagamitin laban sa inyo sa isang hukuman ng batas.

Ikaw ay may karapatan sa isang abugado sa panahon ng kasalukuyang pagtatanong.

Kung hindi mo kayang isang abogado, ang isa ay itinalaga para sa inyo.

Naiintindihan ba ninyo ang mga karapatan?

Or something to that effect.

Now, quite a number of our local law enforcers tend to believe that crime-fighting is seriously hampered by the Miranda rights, specifically the right to remain silent and the right against self-incrimination as guaranteed by Consti 3:12, 17. Quite a number of cops still cling to the concepts of solving crimes via a suspect's confession and admission... and quite a number of them are willing to go to some lengths to get these. To the mind of some law enforcers, interrogation still is the principal method of evidence gathering -- to the point where many old-school cop manuals include them.

(Speaking of cop manuals, the law on the Philippine National Police -- RA 6975, as amended by RA 8551 and so on -- provides that the National Police Commission (NAPOLCOM) has to "promulgate a police manual prescribing rules and regulations for efficient organization, administration, and operation" of the PNP, but it doesn't seem to be available online. I wonder if it's available to the general public in printed form?)

Anyway, back to the topic at hand. Note, folks, please, that we're not going to talk about that euphemism for torture called "tactical interrogation" -- the questioning made while inflicting physical abuse, committed by unscrupulous state and non-state armed groups alike -- as that in and of itself violates Consti 3:12. We're going to focus on police interrogation methods that skirt the boundaries of the law, if not step over the edge.

What to Expect in an Interrogation

The Basics

Modern-day interrogation techniques are oriented to the psychological instead of the physical. Although it is not unknown for some cops to bully a suspect physically, recent successes in punishing police brutality (whether by operation of law or by popular pressure) have made law enforcers more careful in the interrogation tactics that they employ.

Interrogation is a mind game, and the interrogator is in it to win. He's going to use every means at his disposal to do so.

Interrogators will try to get their jobs done before a lawyer (that of the person under questioning or a court-appointed lawyer) arrives, quite obviously. The only way he can win this mind game is if he has complete control; the interrogator will have a good chance of playing the person for questioning like a fish if this person is alone (or is represented by slow-witted counsel, which is the same thing).

First, he's going to bring the person for questioning in his home turf. As a rule, cops will not question a suspect or a person they intend to charge with a crime in a place where the cops cannot control the environment. Old-school cops are taught that questioning a person in familiar territory -- like a home or office -- emboldens the person, and that answers are difficult to elicit. (See the rationale now behind the invitation for questioning? Homecourt advantage. 'Nuff said.)

Second, the interrogator is going to make sure that the person for questioning is isolated somehow, without breaking the laws against incommunicado confinement. If it's a suspect, he's going to put him in a bare room, unfurnished save for the two chairs for each of them, the table in the middle, and the harsh overhead light above (it's the rare police station that doesn't have rooms for interrogation). If it's someone invited for questioning, the interrogator is going to try to persuade any companion with an "will you excuse us for a minute?" or similar.

Third, the interrogator has made sure of his theater (such as the barely-furnished interrogation room, the spartan furniture, the harsh overhead lighting, the claustrophobic quiet) and his theatrics (you can expect the interrogator to come in with a file folder which may or may not contain anything relevant to the questioning). The idea is to give the person being questioned a sense of helplessness before the full might of the State, a sense that his rights might be no more than empty words and hollow promises, a sense that he is faced with the invincibility of the law.

(Aside: if the interrogator can't bring the person for questioning to an interrogation room, he's going to use a desk fairly concealed from public view. He'll sit behind the desk so that the person for questioning gets the feeling he's back in school and called before the principal's office -- with roughly the same intent to intimidate.)

The Attitude

The interrogator is taught to display an air of confidence, that he is sure of the guilt of the person under questioning; however, he is also cautioned not to be cocky, as this may make prick the ego of the suspect, making him less likely to be cooperative -- he may even be the "sige nga, try mo nga akong hulihin" kind of hostile.

The interrogator will never ask "Did you do it?"; heck no, the interrogator will ask "Why did you do it?" and use that tone consistently throughout the interview. See the difference, folks? The interrogator will be giving off the message that he knows that the person under questioning is guilty, and it's a small procedural matter for the admission to take place.

The interrogator can use the approach of being bored, that he has far better use of his time, that he just has to sign a few forms and slam! the prison doors shut behind the suspect, but this apparently works only for those persons with little or no education.

The bottomline, folks, is this: the interrogator has trained himself to believe the suspect is guilty from the start -- and he is likewise trained to persuade the suspect that he is indeed guilty. Whether or not the suspect will be later shown to be in fact guilty in the eyes of the court is irrelevant; every one whom an interrogator takes into questioning is guilty as sin. That's the attitude that the interrogator will bring to the room -- small wonder many cops hate defense lawyers, eh?

More of the attitude will be shown as we go on.

The Roleplaying

There are several approaches to police interrogation that are considered by-the-book; that is, they've been around for so long but have yet to lose their effectivity and efficiency. Let's take them apart one by one.

El Matador. This interrogator is belligerent, profane, short of temper, and is just barely restraining himself from striking the person under questioning. Heck, he'll probably yell, slam his palm on the table, and swear a lot, and other theatrics that are designed to scare the suspect into admission. Common verbal tactics involve a lot of accusations that the interrogator "can easily prove", a lot of claims that "witnesses saw you do it", or if the bluff cannot be easily called, a lot of claims that "meron kaming ebidensya na ikaw ang gumawa."

Try this on for size:

Bakit mo pa tinatanggi na ikaw ang pumatay? Eh huling-huli ka na namin. Meron kaming mga witness, nakita daw kayong nag-aaway nung biktima. Alam mo ba na nakuha na namin yung baril na ginamit sa pagpatay? Galit na galit ka ano, kaya mo siya pinatay? slam table with fist

I'm told that this line of questioning was used in a homicide, where a man was stabbed.

Yep, that made you look again, didn't it? Apparently it was effective in getting the confession.

Bespren Johnny. This interrogator is sympathetic, feels for the situation of the person under questioning, and understands the suspect so well and feels sorry for him. He's going to make excuses for the person under questioning -- the suspect was forced to do it, it wasn't really the suspect's fault, that he was just driven by pressing need or because the suspect had no choice. The interrogator wants to help the suspect, but he needs to know the whole truth so that he can be the good friend that he is and help the poor suspect out.

Maybe you can picture this:

Aba oo, naiintindihan kita. Eh kung di siya sana malandi, kung di sana siya nagsuot ng halos lumuluwa na ang suso niya, e di hindi ka sana natukso, di ba? Kung di sana mag-isang naglalakad na pakembot-kembot na akala mo eh kung sinong pokpok e di hindi mo sana ginalaw ano?

Yes, folks. Rape case.

Bespren Atorni. This interrogator's role is similar to the preceding, except that the excuses that he uses seem to be legal, giving the person under questioning some hope that there is some legal defense to the act that he's being accused of... which is a sham, of course.

Here's something that can make it clearer.

Kung ako nasa kalagayan mo, kung alam kong di mapagkakatiwalaan ang magiging kausap ko, siyempre magdadala talaga ako ng proteksyon. Kaya mo dinala yung itak, di ba, kasi di mo alam kung baka may mangyari sa iyo pag nagkaharap kayo? Proteksyon lang yan, self-defense yan, di ba? Tapos noong di ka na sigurado, inunahan mo na lang siya, di ba? Mabuti na lang na naunahan mo siya, kundi ikaw ang nadale, di ba?

That one was a murder case.

Here's a note on the preceding two: modifications of the Bespren Johnny and Bespren Atorni roles are often employed in "invitations for questioning," since the cops will be careful not to accuse the person invited for questioning. That said, anything that the person under questioning admits will be used by the cops later on. Try this: "Oo naman, hindi naman talaga bawal yung tumingin ng bold sa internet, di ba? Eh kung ako nga, tumitingin-tingin din ako paminsan-minsan, pag napatagal na malayo si misis. Di naman talaga masama kung magshe-share ka ng mga bold na video sa mga kaibigan mo, di ba? E pare-pareho tayong mga lalake, alam natin yan." (That was conjecture, by the way.)

These preceding roles and other similar roles are apparently designed to get an initial admission, either by scare tactics or trickery. After the admission is secured, the interrogator uses circumstantial evidence or some fairly accurate conjecture to dismantle the excuses or alibis that the suspect agreed to. As such, the interrogator boxes the suspect into a corner -- no excuses nor alibis left as protection -- and without any recourse but to provide a full admission.

But what if the person under questioning doesn't confess? Keep in mind, folks, that the mindset of the interrogator is that the person is guilty as hell -- even if the person under questioning isn't the real perpetrator.

Moving on, then, to other tactics.

Good cop, bad cop. In the current modification of this classic routine, you have two interrogators. The "bad cop" is El Matador himself, just barely restraining himself, almost about to lash at the suspect for being so stupid as to resist the might of the law. He is the fellow in front of the suspect, yelling in his face, banging on the table, scaring the bejesus out of him.

In the background but not unobtrusive, staying quiet but remaining visible is our concerned and sympathetic Bespren Johnny. When tensions are high, he moves from his spot against the wall near the door, and says calmly but firmly, "tama na, pare, kawawa yang bata," and steers El Matador out of the interrogation room. El Matador is probably still swearing, will probably slam the door and curse and yell outside, but Bespren Johnny still doesn't lose his cool. He sits down calmly, and with his very friendly demeanor, with all concern and sympathy, he tells the suspect, "Wag mo na pansinin yan, ha? Utak-pulbura kasi minsan yan... Alam mo, naiintindihan ko yang kalagayan mo; kung sa akin lang, matutulungan kita. Kung ikukuwento mo sa akin yung nangyari talaga, e malulusutan din natin to."

Now, if the suspect still does not confess, Bespren Johnny makes a little more conversation, perhaps even gets the suspect some water, maybe a smoke, then excuses himself as the suspect relaxes. Soon after -- timing is critical -- when the suspect is relaxed and beginning to get his confidence back, El Matador storms in. He sees the water and the smoke, and starts getting angry, "Putang-ina, sinong nagsabing puwede ka magyosi dito?" He rants and again scares the suspect; the suspect is rattled and El Matador continues the questioning, the accusation, loudly and profanely.

If the suspect still doesn't confesses out of fear, then at the height of El Matador's "towering rage", Bespren Johnny comes in. He again restrains El Matador, telling him to take a moment to calm down, whereupon El Matador goes to the far end of the room, cursing quietly. In a low tone, Bespren Johnny apologizes quickly, and then moves back to the door as El Matador takes charge once more, simmering but no longer shouting.

But not for long, and then Bespren Johnny once again shows El Matador the door. Again, Bespren Johnny makes his pitch, pleading with the suspect to cooperate.

If the suspect still doesn't confess, then a couple more times of this treatment, then the interrogators switch tactics.

Judge Bitay. Another method used by interrogators is a straight-up mind game. The suspect is put in a holding cell, preferably with others, but being alone behind bars is still good enough. The suspect is made to stay there for a few hours, then he is taken to an interrogation room, where a serious, quiet man is looking through papers. The man asks the suspect, "Alam mo ba kung bakit ka nandito?" While the suspect professes ignorance or innocence, the interrogator leafs through the sheets of paper in the file before him, as if he was only half-listening. When the suspect is done speaking, or perhaps even cutting him off in the middle of his protestations, the interrogator orders the guards to take him back to his cell.

Some time later, the interrogator calls for him again, asks the same question but slightly differently. The question will be more along the lines of "Bakit mo ginawa yun?" The same theatrics will be employed; a variation is by using different interrogators so that the suspect ends up confusing who it was who asked what.

The idea is to break down the suspect's resolve so that he ends up telling the entire story.

Heck, isn't that the whole point of interrogation, especially since the interrogator's presumption is that the suspect is guilty?

***
What to Do in an Interrogation

1. Ask for a lawyer.

2. Say nothing without your lawyer or a lawyer assigned to you present. Make sure you confirm his identification, if you have to deal with a court-appointed lawyer.

3. If you don't trust the lawyer assigned to you, ask for another. Remember, your rights speak of "counsel of your choice."

It's that simple, folks.

Okay, then. It seems like we've digressed a bit and jumped ahead of the supposed progression of this rights series. We still have to deal with what to do when you've already been arrested and are about to be placed in detention.

Mea culpa, folks. We'll get to that, I promise. For now, remember this: any evidence gathered by illegal means can be challenged in court and be made admissible. Kung ano ang puno, siya ang bunga -- by making it clear to your counsel that the evidence gathered against you was done by some illegal means (such as force, intimidation, duress, illegal searches, and similar dastardly deeds by unscrupulous law enforcers), you can build a strong case against these lawbreaking law enforcers.

You have rights. None cannot assail that.

***
So much for poisoned fruits, poisoned trees, and poisoned wells.

Here's a thought -- unfortunately, many people fall prey to the fallacy of the poisoned well. Many people will have dismissed Melissa's testimony because she has been accused of being an NPA. Check out the comment threads of the news reports, such as this one.

By the way, speaking of poisoned wells, do you know what certain people call those who make an effort to defend the credibility and integrity of those that these people attack? These people who make the effort to defend credibility and integrity are called "liars".

Yup, folks. You are a liar if you defend the credibility and integrity of those attacked with such poisoned-well attacks. Back when Palparan was still an officer in the Philippine Army, he was reported to have said such things about those from whom UN Special Rapporteur on Human Rights Philip Alston got information and testimony -- heck, Palparan reportedly alluded the same about the Commission on Human Rights.

Perhaps we should expect the haters of the Commission on Human Rights -- or the pals and supporters of ANAD and Bantay -- to come and troll over here, as well as write ad hominem blog posts and cyberstalk us all over the place? I hope that won't inconvenience you too much, ENC Nick; let me know if it does.

Later, folks.

Posts in this civil rights series:

Part 1
Part 2
Part 3
Part 4
Part 5
Part 6
Part 7
Part 8
Part 9
Part 10

For more exhaustive discussions on civil rights, do read up on the primer made by the Free Legal Assistance Group (FLAG). Do visit their site, folks, and spread rights education, too.

Doggy Style (NNSFW*)

2009-07-30T16:51:00.004+08:00

Or, because we love playing with puppies.

Hello, world!

I'm Kiko. Thanks for taking the time to look at my pictures, everyone!

I'm a 35-day old mixed-breed puppy. This is my first time, so I'm a little shy.

I like sunsets, quiet evenings, and long walks on the beach.

I'm frisky and I love playing around.

I like to play with things tied up, too.

***
Don't you just love playing with puppies?

*NOT "not safe for work". Susme.

Carlo J. Caparas, National Artist? WTF!

2009-07-29T19:54:00.001+08:00

Image from iGMA.tv

There you have it, folks: Magno Jose Carlo Caparas, visual arts and film.

Here is his filmography. Does this body of work reflect that which we look for in a National Artist?

Quality is only equivalent to quantity when we talk about feces.

How do I join the protest against this iniquity? Caparas cannot and will never be spoken of in the same breath as Lino Brocka, Ishmael Bernal, and Eddie Romero.

***

Here is "Komikero" Gerry Alanguilan talking about his visual artwork.

How do I join the protest against this doubly-occurring iniquity? Caparas and his non-artwork honored as National Artist, while Larry Alcala nor Francisco Coching are not?

Bleh.

***

You want the guidelines on honoring the National Artist? Here.

Now, if the criteria used for Caparas was "broad acceptance through critical acclaim and/or reviews of their works" and "respect and esteem from peers", then quite obviously I'm boycotting Philippine cinema until this injustice is corrected.

Caparas as National Artist. Bleh.

On the other hand, it makes sense. This is, after all, a decree by the Queen of the Enchanted Kingdom.

Carlo J. Caparas, National Artist. God, save us.

The Journal of The Jester-in-Exile

Two Cents

Vultures, Too

Fight the Vultures!

Typhoon Ondoy Help List

Wasting Time on the LTO RFID Non-Issue (or, ranting about the driving public being misled by supposedly-principled legislators)

Jingle Jingle

The Automated Elections Exercise: Command and Conquer (that is, strategies to keep the polls clean)

Travel Update (or, by all the gods I miss my Charley)

Four Days, Subic and Back (yes, this post is just an aide-memoire)

The Liberal Party Juggernaut... ?

Mga Mangmang Daw Kayo Tungkol sa Pagtatalik, Mga Kapatid kong Pilipina. Kawawa Naman Kayo.

Know Your Rights Redux: The Index

Know Your Rights Redux, Part 10: Before the Bench

Libra. Themis.

PLAGIARIZED! (UPDATED)

Know Your Rights Redux, Part 9: At the Cop Shop

Request Express (or, songs the jester-in-exile would love to hear Lea do renditions of)

The Jester-in-Exile Offers His Sympathies...

Sunflowers

There Are Not Words Enough.

Paalam Po, Tita Cory

Carlo J. Caparas. National Artist. *spits*

Know Your Rights Redux, Part 8: Poisoning the Tree

Doggy Style (NNSFW*)

Carlo J. Caparas, National Artist? WTF!

Carlo J. Caparas. National Artist. spits