Earth Hour 2012: I Will if You Will!

“I Will If You Will” is a simple promise and a challenge. Dare anyone (your Facebook friends, co-workers, celebrity crushes) to accept your challenge and help protect the Earth or accept the challenge of someone else. We only have one planet. You can help protect it. Participate in the world’s largest single campaign for the planet: Earth Hour. It starts by turning off your lights for an hour at 8:30 pm on March 31, 2012 in a collective display of commitment to a better future for the planet. Think what can be achieved when we all come together for a common cause.

Earth Hour 2012: I Will if You Will!

 

“I Will If You Will” is a simple promise and a challenge. Dare anyone (your Facebook friends, co-workers, celebrity crushes) to accept your challenge and help protect the Earth or accept the challenge of someone else.

We only have one planet.  You can help protect it. Participate in the world’s largest single campaign for the planet: Earth Hour. It starts by turning off your lights for an hour at 8:30 pm on March 31, 2012 in a collective display of commitment to a better future for the planet.  Think what can be achieved when we all come together for a common cause.

 

Juan Luna's Spoliarium and the Gorechos

I have to admit, this is my first close encounter (i guess) with a national treasure - the Spoliarium of Juan Luna at the National Musuem. 

‎"Luna's Spoliarium with its bloody carcasses of slave gladiators being dragged away from the arena where they had entertained their Roman oppressors with their lives...stripped to satisfy the lewd contempt of their Roman persecutors with their honor..." Rizal was footnoted in his speech that the Spoliarium, "embodied the essense [sic] of our social, moral and political life: humanity in severe ordeal, humanity unredeemed, reason and idealism in open struggle with prejudice, fanaticism and justice..." (Leon Ma. Guerrero, "The First Filipino" 2007)

The Spoliarium was a building or chamber in the colloseum where the dead bodies of gladiators were taken to be stripped of their armor and weapons prior to the disposal of their bodies. The bodies of the noxii gladiators would first be dragged from the arena sometimes by hooks in their heels, to make this chore easier. Their dead bodies were dragged through the Gate of Death called the Porta Libitinensis, This name derives from Libitina who was the goddess of funerals. The corpses of the gladiators were then taken to the Spoliarium.

 Because of its asymmetrical patterns, it provides a comparison between light and darkness, the horror of dragged corpses against the mourning of a lady, the thin almost skeletal bodies of aged men versus muscular soldiers slaughtered in their prime. With everything pointing to the message : the carnage of human rights violation.

  

                                     Juliana Gorricho vda. de Pardo de Tavera (seated at the center with baby Andrés Luna y Pardo de Tavera) with María de la Paz Pardo de Tavera y Gorricho de Luna (standing 2nd from the right) and José Rizal (standing 2nd from the left)

FYI,Juliana Gorricho Pardo de Tavera, the mother of Paz Pardo de Tavera (Juan Luna's wife) , gave the lamp to Jose Rizal where the paper of "Mi Ultimo Adios" was found. Both of them were killed by Juan Luna due to extreme jealousy, a crime of passion they say. Gorricho perhaps is a variation of my surname Gorecho.

In a “crime of passion”, a person commits a crime against a spouse or loved one, or another person, because of anger or heartbreak. When a person becomes very jealous or disappointed, it can produce such strong emotions that he cannot think... rationally and may act on his impulses without thinking about the consequences.the Philippine justice system considers “having acted upon an impulse so powerful as naturally to have produced passion or obfuscation” a circumstance that mitigates criminal liability. Not only that, but Article 247 of the Revised Penal Code expressly provides that if a person catches his spouse in flagrante delicto with another person and kills one or both of them as a consequence, he shall only suffer the penalty of destierro, or exile, and this only to protect him from the vengeance of the relatives of his victims. This provision, which makes the Philippines one of the few jurisdictions which recognize the “crime of passion” defense, is a holdover from the old Spanish Penal Code, which was in force in the Philippines from 1886 to 1930, a revised form of which became the Revised Penal Code of the Philippines.

In one blog i read, the author wrote on one of the myths of the painting : that Juan Luna used the blood of his wife for the  feisty red ink.  The blog said : 

" Unlike other paintings, Spolarium is not just an ordinary painting. For many years, it is surrounded by different mysteries and controversies…controversies done by no other than the ---painter himself. The main colors of the painting are red and black. Colors that express grief, bravery and death. But there is one thing that makes this painting different from any other painting…. the red paint used by Juan Luna, was said to be the blood of his wife ...Many believed that the red paint on Luna’s painting was indeed the blood of his wife…because the red paint shows more emotion than any other color in the painting. But many said it was not… The truth behind the painting will always remain a mystery… Genius people do paintings. It serves as the mirror of the past…it explains the emotions of the painter…at there will always a secret behind the great paintings that our eyes can see….."

 

Noynoying and the Frogs

Noynoying (pronounced noy-noy-YING ) is a protest gimmick in the form of neologism which critics of Philippine President Benigno Aquino III have used to call attention to what they claim is the "do-nothing" work ethic and inaction of Aquino over emergency response and rising oil prices. The term is in reference to Aquino's nickname, Noynoy.

Since its first documented usage in October 2011, the term was used as a form of protest against Aquino, wherein protesters performed "Noynoying" poses such as sitting idly while resting their heads on one hand and doing nothing.
The term was first documented in the October 8, 2011, issue of Manila Standard Today. In their opinion article, columnists Karl Allan Barlaan and Christian Cardiente criticized Aquino's slow response over typhoons Pedring and Quiel, which left parts of Luzon island, including Metro Manila, in a state of calamity

"Noynoying plays on the widespread perception that Mr. Aquino – who is widely known by the nickname Noynoy – might not be the most hands-on president to have led the Philippines. Since being elected in a landslide in 2010, Mr. Aquino has sometimes been caught laughing it up with celebrities instead of attending to the impact of typhoons and other disasters," Wall Street Journal said in the article ‘Noynoying’ Poses Challenge to Philippine Leader.



In a press conference, Aquino declared that the public should not pay attention to Noynoying, adding that the term is a product of people who have nothing good to say. "Papaano mo ipapakita sa ayaw tumingin? Paano mo iparirinig sa ayaw makinig? Kung masaya silang ginagawa nila 'yun, nasa kanila 'yon." ("How will you show it to people who refuse to look? How will you express it to people who refuse to listen? If they are happy with what they are doing, it is okay.")

I just remembered i already did the noynoying position in 2008 when i was in Kinogawa-Onsen, Japan. And  some of my frogs are doing also noynoying.

The frog, the scorpion and the philippines...

A scorpion wanted to cross a river but couldn’t because he can’t swim. He found a frog, then asked him to carry the scorpion across the river. Knowing the destructive nature of the scorpion, the frog hesitated. He asked, “how do I know you are not going to sting and kill me while I take you to the other side?” The scorpion is smart and skillful with his words. He said “I would be too grateful to kill you, it wouldn’t be fair at all for me to harm you in anyway. Besides, I will die if I do that”. The frog believed the scorpion, so he carried him on his back trusting that the scorpion will keep his promise. Midway through, the frog felt a stabbing pain on his back. In the corner of his eyes he saw the scorpion pulling his stinger out of his back. “You fool! Why did you do that? Now we’re both going to die!”  The scorpion responded as they started to sink. “i can’t help it, it is in my nature.”

This story may have an older origin in African folklore – the tale of a “generous” frog on the shore of the Niger river. The concept is applied in all sorts of ways to analyses of history, or of recent events, on the “dark” side of human behavior.

There are countless variations. In a Lebanese version, the scorpion’s final words are «My dear, this is the Middle East». And, of course, this could apply to several other places.

There are infinite ways in which someone can be placed in the role of the scorpion – or the frog. In this irritating tale there is a disturbing truth: it really happens that people behave in incomprehensible manners with no other reason than, nobody knows why, “that is their nature”.

There is no aesopian “moral” of this fable. Its strongest meaning is that it can’t be explained. It’s the essence of stupidity (harming others at one’s own disadvantage) taken to its extreme consequences. A disease that lies deep in human nature. There are many examples, practically every day. We can laugh when they are just funny. But some are dismally tragic.

The scorpion is like a lot of people . . .  lazy, deceitful and selfish.  He is either unable or unwilling to figure out how to cross the stream on his own.

The frog is inclined to give the scorpion the benefit of the doubt because he wants to see to good in others.    Even though he knows deep down in his heart of amphibious hearts that he should turn his slimy little butt around and leap away as fast as his hoppy legs can carry him.   

So, the frog agreed to ferry the scorpion across the stream, even though he knew the scorpion would probably screw him over anyway.  He was right.  Some scorpions are just assholes.

Now, think of the Philippines. Think of the Philippine politics. Think of the politicians… Make sure you don’t have a scorpion on your back.

Just sayin’.

Is Fitness First (Philippines) in the RED?

 Is Fitness First Philippines int the RED?

The recent announcements in different branches of Fitness First caught my attention. 

The announcements seemed to be not in unity. FF management said that they will be increasing the monthly rates by P49.00 in order to improve their service through the new equipments and renovations. I am one of the pioneer members of FF Ayala being one of first who joined the club when it opened in 2001. At present, i am paying more than P2,000.00

However, they have reduced the number of hours that you can use these facilities based on the postings, FF MOA will close at an earlier time, 8:00pm every saturday, sunday and holidays starting February 1, 2012. while the other branches will follow mall hours. FF Robinsons Summit Center (RSC/Ayala) is closed on Sundays. And there are news that FF Southmall will be permanently closed by October 2012. I usually go to FF MOA on weekends since it was open until 10:00pm. The softdrinks are gone and they have replaced them with Hot Tea, which they said is "healthier" alternative.

Upon searching the web, i bumped upon  PinoyExchange.com  wherein netizen FF  members voiced out their complaints on the service and other matters, mostly in the billing system, the "freezing" and termination" scheme.There are other blogs referring to the erroneous billing scheme of Fitness First. Several problems such as credit card auto debiting, inaction to consumer complaints, non termination of fitness contracts even if clients already filed termination, open ended contracts, non return of double billing, freezing of account with charges, hidden charges, defieciency in safety standards, onerous contracts, non fulfillment of those promised or stipulated upon, credit card requirement upon membership, use of credit card info without authorization and informing the client, surcharges, injuries and others.

Some of the postings include: 

- "As much as FF annoys me, their presence at least gets people in the mindset of working out. Just like Starbucks is necessary for smaller local coffee chains like Figaro to get people into drinking coffee before they transfer to a specialty brand like Figaro, FF is good for the fitness industry, that is, if they are honest with their current and former members."

 - FF there is known as 'Fitness Finance' Thanks for your input on this issue. People reading this need to understand that even if you are a SATISFIED member of Fitness First, you need to be completely on-guard if you need to stop your membership for whatever reason. Even then, somehow I think that if you do what is according to their contract, it still may not be honored...for at least another month or so based on the e-mails I've received.

In an   article published at the United Kingdom,  Race against time: Fitness first is looking to renegotiate its £550m debt . Fitness First faces a race to refinance its debts after its private equity owners ousted the company’s top management. The said article further stated that Fitness First, which runs more than 140 UK clubs and 300 further afield, needs to renegotiate the financing behind its £550m debt mountain. That follows the revelation that a number of gyms and fitness centre chains are to investigated by the  Office of Fair Trading after accusations that customers are being unfairly locked into lengthy contracts and pursued by aggressive debt collectors. The OFT is concerned that some gyms may be imposing unfair contract terms by making it difficult for members to end contracts.

Maritime Labour Convention (MLC) 2006 ratification delayed by the SC CJ Corona impeachment case

Stakeholders are apprehensive that the delay in the ratification of the Maritime Labour Convention of 2006 (MLC2006) is imminent in view of the ongoing impeachment complaint against Supreme Court (SC) Chief Justice Renato Corona.

With the pending impeachment case, the Senators will find a hard time in the ratification process of MLC 2006 due to the demanding hours imposed on them. The impeachment complaint was filed last December 12, 2012 by members of the House of Representative against SC Justice Corona in accordance with the provisions of Section 2, Article XI of the 1987 Constitution, on the grounds of: (a) Betrayal of Public Trust; (b) Culpable Violation of the Constitution; and (c) Graft and Corruption

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The Senate implemented a new legislative schedule in order to balance its task as legislator and as an impeachment court handling the impeachment case. Prior to the start of the impeachment trial, the Senate had been conducting legislative sessions three times a week from Monday to Wednesday but the chamber cut it to two to give way to the impeachment proceedings. They later decided to hold legislative sessions on Tuesdays and Wednesdays instead of Mondays and Tuesdays. Senators want to dedicate Monday to caucus, while Thursday and Friday will be a free time for them and during which they can review pleadings and transcripts of the proceedings.

This political development is seen as setback to the calls of stakeholders in the maritime industry that it is now incumbent upon the Philippine government to ratify the Maritime Labour Convention of 2006 (MLC2006) in order that it will be one of the thirty ratifying countries required for the convention to take effect.

With the deposit to the ILO of the ratification documents of the MLC 2006 by Australia last December 14, 2011 , 22 member States of the International Labour Organization (ILO) have now ratified this important Convention, which sets out minimum standards and fair working conditions for seafarers worldwide. While the first requirement for entry into force of the Convention – coverage of 33 per cent of the world gross tonnage – has already been attained, Singapore’s ratification is an important step towards achieving the second requirement: 30 ratifying countries. It is expected that the additional 8 ratifications will be obtained before the end of 2012, indicating that the MLC, 2006 will enter into force in 2012.

The convention was already ratified by 26 countries/ states, to wit: Liberia (June 7,2006), Marshall Islands (September 25, 2007 ), Bahamas (February 11,2008), Panama (February 6, 2009), Norway (February 10, 2009) , Bosnia and Herzegovina (January 18, 2010) , Spain (February 4, 2010), Croatia (February 12, 2010) , Bulgaria (April 12, 2010) , Canada (June 15, 2010),Saint Vincent and the Grenadines (November 9, 2010) , Switzerland (February 2, 2011), Gabon (May 12, 2011) Benin (June 13, 2011), and Singapore ( June 15, 2011). Denmark (June 23, 2011) Latvia (August 12, 2011)_ Antigua and Barbuda (August 11, 2011) , the Government of Luxembourg (19 September 2011), Kiribati (24 October 2011) Netherlands (December 2011) Australia (14 December 2011), Tuvalu (February 16, 2012)  Saint Kiss and Nevis (February 21, 2012), Togo (March 14, 2012)   Poland (May 3, 2012)

Ratification is the formal act by which a state confirms and accepts the provisions of the convention concluded by its representatives. The purpose of ratification is to enable the contracting states to examine the convention more closely and to give them an opportunity to refuse to be bound by it should they find it inimical to their interests. It is for this reason that most treaties/conventions are made subject to the scrutiny and consent of a department of the government other than that which negotiated them. Ratification is generally held to be an executive act, undertaken by the head of the state or of the government, as the case may be, through which the formal acceptance of the treaty is proclaimed.

In the Philippine jurisdiction, the power to ratify is vested in the President and not, as commonly believed, in the legislature. The role of the Senate is limited only to giving or withholding its consent, or concurrence, to the ratification. The MLC 2006 will become valid and effective if concurred in by two-thirds of all the members of the Senate (Section 21, Article VII, 1987 Constitution.) This means it forms part of Philippine law by virtue of transformation. By an act of the legislature, the convention rules may be transformed into Philippine law, to be applied or enforced as part of Philippine law.

The MLC 2006 is an important new Convention that was adopted by the International Labour Conference of the ILO at a maritime session in February 2006 in Geneva, Switzerland. It sets out seafarers’ rights to decent conditions of work and helps to create conditions of fair competition for shipowners. It is intended to be globally applicable, easily understandable, readily updatable and uniformly enforced. The MLC , 2006 has been designed to become a global legal instrument that, once it enters into force, will be the “fourth pillar” of the international regulatory regime for quality shipping, complementing the key Conventions of the International Maritime Organization (IMO) such as the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS), the International Convention on Standards of Training, Certification and Watchkeeping, 1978, as amended (STCW) and the International Convention for the Prevention of Pollution from Ships, 73/78 (MARPOL). Between 1920 and 1996, a total of 39 Conventions, 29 Recommendations and one Protocol concerning seafarers have been adopted by the ILO.

The MLC contains a comprehensive set of global standards, based on those that are already found in 68 maritime labor instruments. It modernizes the global standards to: (a) set minimum requirements for seafarers to work on a ship; (b) address conditions of employment, accommodation, recreational facilities, food and catering, health protection, medical care, welfare and social security protection; (c) promote compliance by operators and owners of ships by giving governments sufficient flexibility to implement its requirements in a manner best adapted to their individual laws and practices; and (d) strengthen enforcement mechanisms at all levels, including provisions for complaint procedures available to seafarers, shipowners’ supervision of conditions on their ships, the flag States’ jurisdiction and control over their ships, and port State inspections of foreign ships.

The new Convention will likely achieve the aim of near universal ratification because the Convention was adopted by a record vote of 314 in favour and none against (two countries abstained for reasons unrelated to the substance of the Convention), after nearly two weeks of detailed review by over 1,000 participants drawn from 106 countries.

Countries that ratify the Convention will require ship owners to put the standards in place before allowing seafarers aboard. And ratifying countries will have the right to inspect vessels for compliance before port calls are allowed. The Convention gives these countries the right to deny ships that are not compliant from sailing onwards. This applies to ships regardless whether the countries they are registered in have ratified the Convention or not.

The Philippines will definitely be one of the major beneficiaries of this convention. The Philippines is considered as the major supplier of maritime labor globally. Per Philippine Overseas Employment Administration (POEA) data, there were 330,424 Filipino seafarers deployed abroad in 2009 comprising almost 30 percent of the global maritime labor force. Although the number of deployed Filipino seafarers has decreased from 2006 (274,497), 2007 (266,553) to 2008 (261,614), the dollar remittances have been constantly increasing from US$1.9B in 2006, US$2.2B in 2007 , US$3B in 2008, US$3.4B in 2009 to US$3.8B in 2010. On the other hand, the Philippines as a flag State has a registered fleet comprising around 1.4% of total world tonnage.

Given the vast Philippine coast line (twice the size of the United States and nearly three times more than China), Filipinos have natural maritime instincts that place them at an advantage over other nationalities. Foreign shipowners are known to prefer Filipino seafarers for equally important qualities: dedication and discipline, industry, flexibility, loyalty, English language fluency, adaptability, positive work attitude, law-abiding, and problem-solving capability.

The Philippines can benefit from ratifying the Convention as a labour supplying state, flag or port state. The maritime labour convention is a good reference point for the Philippine’s formulation of laws and policies responsive to the conditions and contexts of seafarers. Ratification can serve as basis for technical assistance.

When the Philippines does ratify the Convention, for example, manning agencies are mandated not to deploy seafarers aboard ships that don’t follow the new Convention. On the other hand, if the Philippines does not ratify, ratifying countries will not allow Filipinos aboard their ships – unless the Philippine government certifies that manning companies are complying with the new standards relating to wages, social security and so on. The disadvantage non-ratification by the Philippines is that shipowners will have to bear the responsibility for checking the Convention’s requirements on the recruitment and placement of the seafarers.

Out of the nine (9) IMO conventions where the Philippines is a signatory, it has ratified only four (4) conventions, namely SOLAS, STCW, MARPOL, and SUA. On the other hand, out of the twenty seven (27) ILO conventions, the Philippines has ratified only seven (7) conventions, namely No. 23 - Repatriation of Seamen (1926), No. 53 -Minimum Requirement of Professional Capacity for Masters and Officers on Board Merchant Ships , No. 76 – Wages, Hours of Work and Manning (Sea) Revised (1949) ; No. 138- Minimum Age for Admission to Employment; No. 165 - Social Security for Seafarers and No. 179 -Recruitment and Placement of Seafarers, (1996) and No. 185 - Seafarers' Identity Documents (2012).

The Philippine Instrument of Ratification on ILO C185 (Seafarers' Identity Documents Convention) was recently deposited last January 19, 2012 at the ILO Headquartes in Geneva. This convention provides seafarers with a valid seafarers' identity document that will facilitate their entry into ports for temporary shore leave or when joining their ship or transferring to another ship.

As the foremost seafarer-supplying country and a flag State with a registered fleet comprising around 1.4% of total world tonnage, it behooves upon Philippine social partners and stakeholders to determine the passage most beneficial to our national interests. It is now incumbent upon the Philippine government to ratify MLC2006 in order that it will be one of the thirty ratifying countries required for the convention to take effect.

The Impeachment trial's "hear no evil" fiasco, who is wrong?

"Then you’re not from UP. Then you cannot equate yourself to          me because there is a saying and I know this, not all law students      are created equal, not all law schools are created equal, not all             lawyers are created equal despite what the Supreme Being that we        all are created equal in His form and substance."

These are the statements that prompted Atty. Melvin D.C. Mane to   charge Judge Medel Arnaldo B. Belen of Branch 36, RTC Calamba City, of “demeaning, humiliating and berating” him during the hearing on February 27, 2006 because he is a "MLQU" graduate.

The  Office of the Court Administrator (OCA)  earlier ruled that  "Respondent judge’s insulting statements which tend to question complainant’s capability and credibility stemming from the fact that the latter did not graduated [sic] from UP Law school is clearly unwarranted and inexcusable. When a judge indulges in intemperate language, the lawyer can return the attack on his person and character, through an administrative case against the judge, as in the instant case."A judge’s official conduct and his behavior in the performance of judicial duties should be free from the appearance of impropriety and must be beyond reproach. A judge must at all times be temperate in his language.

On its Decision dated June 30, 2008, in A.M. No. RTJ-08-2119,  the Supreme Court  imposed upon the erring judge the penalty of reprimand under the following principle.

 "An alumnus of a particular law school has no monopoly of knowledge of the law. By hurdling the Bar Examinations which this Court administers, taking of the Lawyer’s oath, and signing of the Roll of Attorneys, a lawyer is presumed to be competent to discharge his functions and duties as, inter alia, an officer of the court, irrespective of where he obtained his law degree.  For a judge to determine the fitness or competence of a lawyer primarily on the basis of his alma mater is clearly an engagement in an argumentum ad hominem. A judge must address the merits of the case and not on the person of the counsel.  If respondent felt that his integrity and dignity were being “assaulted,” he acted properly when he directed complainant to explain why he should not be cited for contempt.  He went out of bounds, however, when he, as the above-quoted portions of the transcript of stenographic notes show, engaged on a supercilious legal and personal discourse.  This Court has reminded members of the bench that even on the face of boorish behavior from those they deal with, they ought to conduct themselves in a manner befitting gentlemen and high officers of the court Judges should always be aware that disrespect to lawyers generates disrespect to them. There must be mutual concession of respect. Respect is not a one-way ticket where the judge should be respected but free to insult lawyers and others who appear in his court. Patience is an essential part of dispensing justice and courtesy is a mark of culture and good breeding. If a judge desires not to be insulted, he should start using temperate language himself; he who sows the wind will reap a storm.It is also noticeable that during the subject hearing, not only did respondent judge make insulting and demeaning remarks but he also engaged in unnecessary “lecturing” and “debating”. . .Thus, it is our view that respondent judge should shun from lecturing the counsels or debating with them during court hearings to prevent suspicions as to his fairness and integrity."

          

A revisit on  above ruling is very timely due  to the incident that occurred last week as a member of the Senate, Miriam Santiago, used abusive language in an impeachment proceeding, on live TV, and no one in the Senate has raised issue over her actuations. By placing his cupped hands over his “hurt ears” while in full view of cameras,prosecutor Vitaliano Aguirre II caught the ire of Santiago. However, he lectured back to the lecturing legislator, telling Santiago “If you demand respect, respect also these lawyers because human dignity has no equal.”

A posting from the facebook group  "You Know You are from UP LAW"  said  that "If the Philippine Senate were made of men and women of character, Miriam Santiago should have been  slapped with a disciplinary action at the same time that Aguirre of the hear-no-evil fame was held for contempt. Is the Senate any better -- or any worse -- than than the Supreme Court in protecting its own? Actions speak louder than words. It's really about who holds the power. In this country, as current history shows, those who hold the most power -- in the Executive, Legislative and Judicial branches of government -- treat that power as something to be abused as a matter of right."

In May 2007, the Supreme Court in A.M. No. RTJ-05-1955 admonished a judge to “maintain composure and equanimity” and “always be temperate, patient and courteous both in conduct and language” because “as a dispenser of justice” a judge “should exercise judicial temperament at all times, avoiding vulgar and insulting language.A judge, even on the face of boorish behavior from those he deals with, ought to conduct himself in a manner befitting a gentleman and a high officer of the court.”

Another posting i saw was from the October 15th Episode of The People's ,Court  Judge Milian gives a University of Miami law student a piece of her mind after he disrespects her.