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ON POLITICS AND TAKEAWAYS

What do you see as the root cause of the problem and what can be the practical and strategic solutions to it?

Despite numerous attempts to improve the laws related to women’s rights and reproductive health, abortion is still an issue that continuously divides the country. Here are the root causes:

Discriminatory environment in the Philippines 

The government's compliance with the demands of the Catholic hierarchy contributes to the stigma associated with abortion. The 1987 Constitution was the first Philippine constitution ever to recognize a government obligation to protect "the life of the unborn from conception," demonstrating the strength of the Catholic Church's influence in the country. The government continues to allow the CBCP to undermine women's health even today by caving in to its demands to deny women access to a variety of reproductive health services, and it worsens judgment, discrimination, and bullying. 

Lack of sex education and family planning counseling 

Poverty and a lack of awareness about reproductive health are strongly correlated. Additionally, the Catholic Church has a significant impact on how sex education is practiced in the nation. It opposes extramarital sex and worries that sex education would lead to more sex acts. The Catholic Church also opposes the distribution of contraceptives and the introduction of sex education in schools. In order to educate children about reproductive health, the Church prefers to rely on their parents. Many families, however, lack the means to do so or choose not to talk about it openly with their kids.  

Criminalization of abortion

In the Philippines, abortion has been a crime for more than a century. Separate laws, such as the Medical Act, the Midwifery Act, and the Pharmaceutical Act, that specify penalties for a variety of medical professionals and health workers, including doctors, midwives, and pharmacists, who perform abortions or dispense abortifacients, are in some of the criminal penalties. certain statutes provide that if certain practitioners are found engaging in abortion-related activities, their licenses to practice may be suspended or withdrawn. Women who get an abortion for whatever reason could face a sentence of two to six years in prison. Due to the lack of access to safe abortion, Filipino women who are carrying life-threatening pregnancies are forced to take unnecessary risks with their lives, such as unsafe abortions or continuing high-risk pregnancies. 

To solve these root causes: 

First, the government must revise the anti-discriminatory law in the country and include the prohibition of discrimination towards women who have undergone abortion such as denying access to healthcare service. Furthermore, medical practitioners must provide safe and accessible post-abortion medical services, regardless of whether or not abortion is legal. They must be penalized If they continue to blame, accuse, and threaten these women. 

Second, the government must strengthen RA 10354 or the Responsible Parenthood and Reproductive Health Act of 2012, especially the provision on helping the population make informed decisions about their reproductive health. It must be realized by hiring skilled maternal health professionals to work in both urban and rural areas of the Philippines.

Lastly, I cannot stress this enough but we really need to decriminalize abortion. There can be no protection for as long as abortion is illegal. If this will be legalized, women, especially those who have been victims of sexual assault, will have the freedom to terminate unwanted pregnancies without having to experience unjust discrimination and human suffering.

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ON POLITICS AND TAKEAWAYS

Why is it imperative to pass a SOGIE Equality Law as part of gender justice?

The Philippines is said to be an LGBTQ+-friendly country, ranking 10th in a study conducted by Pew Research Center, where 73% of adult Filipinos surveyed agreed that “homosexuality should be accepted by society.” Comparatively, this has some level of truth especially when compared to neighboring countries, where being LGBTQ+ is a crime. However, we still we hear of transgender women being prohibited from using the ladies’ room, lesbians being raped by the men in their family, or gay kids being bullied in school. 

Therefore, it is imperative to pass the SOGIE bill into law because first of all, the SOGIE Bill is an anti-discrimination measure that calls for penalties for unfair treatment and prejudices directed at any individual based on their sexual orientation, gender identity, or expression.

Additionally, the SOGIE Bill is not intended to target or shift discrimination to individuals who identify as heterosexual or individuals who are attracted to the opposite sex. In reality, because heterosexuals also have a sexual orientation and a gender they identify with, it aims to protect everyone from all forms of discrimination. If the measure is approved, it will effectively put everyone on an equal playing field, meaning no one will be denied access to jobs, school opportunities, or health care because of their sexual orientation or gender identity.

Aside from this, the law would punish anyone, including businesses and organizations, who harasses or attempts to commit crimes against someone because of their sexual orientation. This includes promoting negative beliefs and encouraging abuse.

One cause for concern is the perception that the measure grants the LGBTQ+ group special treatment or "special rights". Many wonder why the fundamental rights that uphold human dignity and make it possible for everyone to be protected are insufficient. It's crucial to keep in mind, though, that LGBTQ+ people experience discrimination to a greater and more extreme extent than non-LGBTQ+ people. Additional safeguards for them are necessary precisely because of this. The SOGIE bill should be passed because society recognizes that women have historically and currently enjoy less privilege than men, just as the Magna Carta for Women did.

The protections provided by the measure might be regarded as "special," but it does not make them unjust. It is special because it is necessary. Simply put, non-LGBTQ+ members do not experience the same levels of bullying, prejudice, and hate crimes as LGBTQ+ members do because of their identities.

And the bigger problem is this: there is always a "but" attached to our statements of "we love" or "we accept." We do this to justify our prejudices and preconceptions. I suppose the Philippines is still more on the stage of tolerance than acceptance.

Respect should be the main focus at all times. It all comes down to appreciating people and embracing them for what they are, no matter how different your ideas or opinions may be.

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ON POLITICS AND TAKEAWAYS

The Global Campaign for Women's Empowerment

Women have the same access to basic freedoms and human rights as everyone else. Women are given special status and protection within the regional and global human rights frameworks since they are a particularly vulnerable category. However, regardless of global awakening, women still find it difficult to fight for their rights because the implementation of equality laws vary among different countries, where some states depend their legislation on traditional culture and generally accepted views.  

Thankfully, there is a continuous effort in the international arena to build legal instruments that would set standards on how countries should implement laws regarding women empowerment and gender equality. Its importance lies in the fact that international human rights treaties REQUIRE, not just suggest, state parties to take proactive measures to guarantee that women's human rights are recognized by the law and to end discrimination, disparities, and practices that have a detrimental impact on women's rights, not only advise that they do so. Additionally, these accords forbid discrimination based on gender and mandate that States defend and realize women's rights in all spheres, including property ownership, freedom from violence, equal access to education, and political involvement.

Since they are required, States that are parties to these organizations are obliged to adopt all necessary measures to ensure that women enjoy equality with men. This means that in order to combat prejudice and enhance women's rights, state parties should enact the relevant legislation.

CEDAW, for instance, examines how well states adhere to the Convention. The CEDAW Committee oversees state compliance and requires State Parties to provide periodic reports on any efforts made to implement the Convention.

On the other hand, Special Procedures are formed by the UN Human Rights Council, one of the major UN human rights bodies, to look into, monitor, address, and report publicly on claims of human rights breaches relating to a particular nation or to a particular problem. (e.g. trafficking). Special Procedures serve a variety of purposes. One of the most well-known is doing country trips to look into the state of the national human rights situation. The Special Procedures use these visits as fact-finding missions and provide a report on their findings to the Human Rights Council and, in some cases, the UN General Assembly. The Special Rapporteurs' reports offer a very authoritative voice and can be a helpful tool for advocacy campaigns.

However, implementation techniques are frequently viewed as being weak and rely heavily on moral persuasion. The numerous modifications and exclusions to the original text that have been negotiated by nations make implementation even more difficult. These international legal instruments still cannot force countries to follow all the mandates because they lack police power to punish violators. If we really want to standardize and institutionalize these instruments, I think we should consider establishing a department intended to regulate each state’s performance on promoting gender equality and raise sanctions depending on the severity of violation.

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ON POLITICS AND TAKEAWAYS

The State of the Filipino Women: Facilitating and Hindering Factors

The current status of women in the Philippines is both a cause for optimism and a reason to accelerate efforts for promoting women empowerment. In the latest Global Gender Gap report, the Philippines occupies the 17th place, with 78.4% of its overall gender gap closed to date. This performance is the second best in the EAP region, after New Zealand. A key driver behind the progress has been the Philippine Magna Carta for Women, a landmark law signed nearly 13 years ago seeking to eliminate discrimination against women.

However, despite the impressive performance in closing key gender gaps, I still believe in the striking fact that women empowerment in the country remains persistently low. Among the possible reasons are: heavy (unpaid) responsibilities, wage gap, illiteracy, and limited participation due to traditional views.

Heavy (unpaid) responsibilities

Women continue to carry the load when it comes to unpaid work like indoor housework, cooking, supervision of children, groceries, which makes it hard for them to pursue their careers. A large proportion of women are held back from productive opportunities by their family responsibilities and the concentration of women in high-skill positions declines considerably when they have young children.

Wage gap

According to World Bank, working women in the Philippines earn just 76% of what Filipino men do. It is actually rampant in the agriculture sector; the latest data from the Philippine Statistics Authority (PSA) showed that men working in the agriculture sector were paid P335 per day, higher than the average wage rate of female farm workers at P304.60 a day.

Illiteracy

According to World Data Atlas, adult female illiteracy for Philippines was 44.6 %. Illiteracy negatively impacts women because it excludes them from political engagement, affects their ability to earn a livelihood, and it can increase the prevalence of gender-based violence.

Limited participation due to traditional views

More Filipinas are becoming involved in public service, but they still make up just one-fifth of the government. One reason considered is that traditionally, Filipinos think that male leaders are more rational and logic-based than women. Hence, women are still underrepresented because of the lack of motivation to join a men-dominated politics.

What the government can actually do to improve women empowerment is to implement policies and programs that increase female participation in the Philippines. One, make sure to reach those who are unable to go to school instead of just encouraging them from afar. Two, provide alternatives to childcare in the home. Three, promote policies supporting flexible work arrangements, including work from home. Three, address gendered social norms that affect women’s political participation through media campaigns, behavioral and attitude change interventions that influence opinions about masculinity and gender roles. Lastly, implement a strong law that enables equal pay for equal work regardless of gender.

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ON POLITICS AND TAKEAWAYS

The Way Women Are

Some people actually think that patriarchy has always existed and will continue to do so, just like the other "laws of nature," and that women were born inferior to men. Aristotle, a philosopher from ancient Greece, claimed that "men are constantly active while women are docile." He said that because of their innate differences, women are less capable, less able to reason, and consequently less able to make judgments. Sigmund Freud, an Austrian neurologist and the father of psychoanalysis, once said that a woman's anatomy determines her fate. He believed that "a normal human was male."

Actually, this is consistent with the notion of radical feminism. Theoretically, patriarchy, or men's pervasive oppression and exploitation of women, is the watchword of radical feminism. This includes both private and public interactions between men and women. According to radical feminism, the root of patriarchy—the idea that women are different and inferior—is deeply ingrained in the consciousness of the majority of men, making it very difficult to eradicate.

The exclusion of women from social production and the privatization of family duties were the root causes of women's oppression. Local household animals were hard to find after settlement and needed to be protected. Women typically cared for animals since they had children to take care of. Once agriculture, or wild agriculture, was a part of settlement, women gradually started to take care of their entire household while the men went hunting.

These male supremacy arguments, meanwhile, have been refuted, and it has been shown that there isn't any historical or empirical support for them. While there are biological distinctions between men, women, and other genders on the spectrum, these distinctions do not have to serve as the basis for a male-dominant sexual hierarchy.

Radical feminists asserted that the best way to combat it is to create non-hierarchical, encouraging spaces that are exclusively for women, where they are free from ongoing sexism, sexual harassment, and the threat of rape and violence. The exciting prospects of developing woman-focused healthcare facilities, safe housing for battered women, counseling and legal support for rape survivors, a woman's culture, and even a woman's religion and ethics forged the sisterly ties and provided the justification for separation from men.

By examining many of these views, we may see that women's inferior status is artificial and the outcome of manufactured historical events. A close examination of history reveals that the power structures and gender norms that exist today were established to preserve male domination and supremacy. In the current period of mechanization, scientific advancement, and industrialization, it has been refuted and demonstrated that the subordination of women is not the natural order of evolution. In order to understand how gender roles operate and be able to defuse them, it is crucial that we take a complete look at all of these factors.

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ON POLITICS AND TAKEAWAYS

How can I contribute in achieving gender justice as a political science student?

Gender justice is the complete equality and equity of women and men in all areas of life, defining and influencing the laws, institutions, and choices that have an impact on their lives and the lives of society at large. However, unequal systems of power built upon patriarchy create gender discrimination that keeps women and gender non-conforming people at a disadvantage.

As a student of Political Science, what interests me is the distribution of government positions among genders. Effective democracy and sound governance is supposed to depend on women and men participating equally in politics. The inclusion of more women in political decision-making has many positive effects on society that can improve the lives of both men and women, in addition to strengthening and enhancing the democratic system. Benefits include improved governance and more equitable societies, higher living standards, advancements in infrastructure, health, and education, as well as a decline in political corruption.

According to Philippine Statistics Authority Gender Statistics 2021, male politicians overwhelmingly outnumber the female, with the former occupying 13,888 positions compared to the latter’s 4,180. The underrepresentation of women in peacebuilding leads to gendered outcomes that do not take into account the needs and interests of women. Women still have little influence on the outcomes of peacemaking, despite recent increases in their representation at the negotiating table.

That said, I think what I can do as a student is to promote feminist leadership. Everytime SAMAPULA conducts an election, I really have this inclination towards voting female candidates not because they are women, but because they always offer something that has never been served on the political table.

Also, one thing I can do is to join some activities of feminist advocacies, especially those concerned with indigenous women. Coordinating with indigenous women’s organizations to increase participation in decision-making spaces, such as territorial governance guarantees indigenous women the right to access and control lands, territories, and forests.

But of course this dedication goes beyond the walls of political science. As an ordinary person living with my family, I must insist that all of us should have a fair share of household chores. When it comes to my friends, I should be keen enough to notice if someone is suffering from any kind of abuse, and support him or her in any possible way, even to the extent of reporting the abuser.  Lastly, I should not tolerate people making comments that ridicule, demean or humiliate women, black people, indigenous people, members of the LGBTQI community or any other historically marginalized groups. I’ll talk to my colleagues, friends and family frankly and tell them to stop with the chauvinist, racist, homophobic and transphobic insults. Being silent only makes it worse.

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ON POLITICS AND TAKEAWAYS

How to reduce if not eliminate rape and vawc cases in the Philippines?

Violence against children (VAC) and violence against women (VAW) affect the lives and welfare of millions of people around the world. Many women and children in the Philippines suffer multiple types of violence. The multiple negative sequelae of this violence can be long-lasting throughout the lifespan and across generations as well as impacting on individuals, relationships, communities, and broader society.

Violence against children (VAC) refers to “all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse” against any person under age 18 (United Nations Convention on the Rights of the Child, 1989).

Violence against women (VAW) refers to “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life” (Declaration on the Elimination of Violence against Women, 1993).

The recent Philippine National Demographic and Health Survey shows that 27% of ever-married women experienced physical, sexual, and/or emotional violence by a spouse during their lifetime and 15% experienced such violence in the past 12 months. Among all women (15-49 years old), 17% had experienced physical violence since age 15 with 73% of cases against ever-married women perpetrated by a current or former husband/partner and 51% of cases among never-married women perpetrated by a parent or step-parent. Among all women (15- 49 years old), 5% had experienced sexual violence and the most common perpetrators were current or former husbands, partners or boyfriends. Only 34% of women who experienced physical or sexual violence sought help through formal systems.

Although far from elimination, there are actually things that can be done to minimize the cases of rape and VAWC in the Philippines:

1. Raise awareness of the dangers of harmful traditions

The media such as the radio, television and newspaper could be used also organizing seminars, workshops and conferences could be used to create public awareness on the effects of these traditional practices.

2. Tackle violence against girls in school

Provide learning that is responsive to needs: more female teachers and better trained school guidance counselors play a key role in creating classrooms that promote equality between girls and boys, provide reproductive health training and support a system that allows victims of violence to report concerns and grievances.

3. Challenge and speak out about violence in the home

Talk about consent, bodily autonomy and accountability to boys and girls, and also listen to what your family has to say about their experience of the world.

4. Embolden children and women to speak out

It’s a domino effect: the more women are speaking up, the more others feel confident to speak up themselves. That’s in stark contrast to a number of years ago, when we used to more easily dismiss actions as ‘boys will be boys’ and women were often just disbelieved.

5. Fund women’s organizations

Donate to local organizations that empower women, amplify their voices, support survivors, and promote acceptance of all gender identities and sexualities.

6. Protect girls who face additional risks during emergencies

Because of their gender and age, disasters and conflict increase girls’ vulnerability. This puts them at increased risk of rape, abuse and harmful practices such as child marriage as parents try to cope with the circumstances. Child-protection interventions during emergencies must take into account the additional risks faced by girls and provide support that will help them avoid abuse and violence.

7. Challenge rape culture

Establish policies of zero tolerance for sexual harassment and violence in the spaces in which you live, work, and play. Leaders must be particularly clear that they are committed to upholding a zero-tolerance policy and that it must be practised every day.

8. Reach out to marginalised and rural girls

The government, together with NGOs, must establish frequent community outreach programs to help educate those who are far from information sources, and listen to the stories of the victims to legislate laws against violence that are community-specific.

No matter where in the world we live, we all have stories of how violence against women has affected our lives, someone we know, or in our communities. The health system, health care providers and policy makers all have an essential role in ending violence against women; in making sure that survivors are heard; and that the world, even in its darkest corners, is a safer place for women and girls.

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ON POLITICS AND TAKEAWAYS

Whether or not government employees should be granted the right to self-organization for purposes on Collective Bargaining Negotiations?

Right to self-organization is the right of workers and employees to form, join or assist unions, organizations or associations for purposes of collective bargaining and negotiation and for mutual aid and protection. It also refers to the right to engage in peaceful concerted activities or to participate in policy and decision-making processes affecting their rights and benefits.

Now when we say “right to self-organization for the purpose of collective bargaining negotiations,” it means that working people, through their unions, negotiate contracts with their employers to determine their terms of employment, including pay, benefits, hours, leave, job health and safety policies, ways to balance work and family, and more.

I personally don’t think it is necessary for the government employees to organize for that purpose. One, there is a standardization of compensation of government officials and employees, including those in government-owned or controlled corporations, taking into account the nature of the responsibilities pertaining to, and the qualifications required for, the positions concerned. It is odd to strike for the purpose of securing changes or modification in their terms and conditions of employment or join labor organizations which imposed on their members the duty to strike because obviously, the terms and conditions of their employment are governed by law and hence could not be fixed, altered or otherwise modified by collective bargaining.

RA 6758 says that the Compensation Plan is based on but not limited to the principle which states that the total compensation program of government personnel shall be maintained at a reasonable level in proportion to the national budget. If government employees from a certain unit will be allowed to collectively bargain their employment conditions, their salary for example, then there would be different salary rates among the regions in the country depending on the negotiated terms. This could jeopardize the national budget because a large chunk will be realigned to deregulated compensation of government employees alone.

In a bigger picture, it is difficult to allow a collective bargaining because if unsuccessful, it will only cause temporary stoppage or disruption of public services. To allow it is to undermine or prejudice the government system.

I understand the plight of government employees, but I suggest that we leave the system as it is for now; gather the sentiments of the employees, and then let the representatives from congress lobby their concerns to the higher-ups. Personally, I think it has been effective because we are gradually seeing the political will of elected officials from the Congress to increase the minimum wage and improve the working conditions of government employees.

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ON POLITICS AND TAKEAWAYS

Are we compensating enough our workers in the Philippines?

Exerting maximum effort for a minimum wage. Only in the Philippines.

A minimum wage is the lowest wage that employers can pay their employees, particularly the unskilled worker. Currently, there is no such thing as a uniform minimum hourly wage or salary in the Philippines, but it ranges from P390 - P550 per day. The minimum wage in the Philippines varies according to your job, industry, and location. According to a study conducted by picodi.com, it was found that Filipinos receive one of the worst minimum wages in the world. The minimum wage is nearly impossible to solely live on and is just intended for subsistence. Based on the same e-commerce survey entity, approximately 95% of employers in the Philippines pay salaries that are less than the actual basic income. Employees’ purchasing power is significantly reduced as a result of low earnings and spiraling inflation. According to the Philippine Statistics Authority, a daily income of Php 390 is required to meet the bare necessities of a family of five, but another analysis suggests that a daily income of Php 1,019 is required for a five-member family to live sustainably.

Admittedly, some would contradict the requests of increase in the minimum wage for the following reasons: increase in inflation since business will proportionally increase prices of goods and services, entry-level jobs will be reduced. Although wage increases improve the standard of living, it seldom results in sustained happiness. Ironically, raises in minimum wages often cause other low-wage workers to lose jobs in a labor surplus economy like the Philippines. Economists know that, contrary to popular belief, unreasonable increases in minimum wages will disadvantage the majority of low-wage workers. When the minimum wage of unskilled workers gets close to the wage level fixed by market forces, employers would rather hire one highly-skilled worker who can multitask, instead of two or three unskilled helpers.

Beyond the idea of raising minimum wages, lawmakers should consider the following:

One, reduce the cost of putting food on the table. Instead of incessantly increasing minimum wages that spur inflation, find creative supply chain strategies to reduce the cost of basic commodities. At the same time, enterprises must have mechanisms to increase wages based on the following considerations: value contribution of individual employees, labor market information, productivity improvement, and enterprises' capacity to pay.

Second, provide aid to both ailing enterprises and workers with insufficient income or those laid off. In more progressive countries, the government reimburses up to 80 percent of companies' fixed costs, provided they do not lay off workers. Several countries also provide "ayuda" to low-income workers, and unemployment insurance as a social protection mechanism. We don't need to reinvent the wheel.

Third, provide massive reskilling or upskilling so workers can qualify for higher-paying jobs. There are many hard-to-fill jobs due to lack of the right skills. Government must engage in massive reskilling and upskilling so workers can qualify for unfilled vacancies and higher paying jobs. Minimum wages are meant to be a safety net only. Workers should train for higher paying jobs if they want bigger incomes.

Lastly, provide more livelihood alternatives for workers who have the potential to become entrepreneurs. Until domestic and foreign investments pour in and create more jobs, the government must engage the "Not-in-employment-education-or-training" (NEET) youth and workers in precarious employment arrangements and train to be entrepreneurs and provide them the needed startup support.

These are not easy solutions but with good governance and planning, it’s possible to see the Philippines with happier Filipinos.

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ON POLITICS AND TAKEAWAYS

Can Contracts Be Invalidated Due to COVID 19?

The corona virus will have long-lasting effects both now and in the future. Legally, contracts will be impacted by the virus as parties attempt to evade their legal responsibilities under the doctrine of force majeure.

It is very likely that the parties' written agreement did not take into account the virus's impact on the economy and society. A well-written contract will typically include a "force majeure" clause that allows a party to disregard ordinarily enforceable commitments without being found in default because of unforeseeable circumstances. In force majeure provisions, events like acts of God and natural disasters are frequently included.

If there was no such clause in the parties' agreement, they will have to consult normal business law to determine how their individual rights will be affected. In the current uncertain climate, there are a number of established legal principles that should be examined by counsel in connection with the agreement, but for the purposes of nullifying the agreement, they are: (1) lack of consideration; and (2) impossibility of performance. Each offers a reason that, in the given situation, a contract cannot be executed.

LACK OF CONSIDERATION

Typically, this type of argument is made shortly after the contract is entered into. A lack of consideration attacks the very heart of the agreement in positing that there is no value for the bargain. Based upon the current situation, and the massive amount of economic volatility associated with the value of products and services, there are multiple types of industries where this type of argument could work. The industries that have been hit the hardest would have the best argument. If you or your business were entering into a transaction where there was going to be a purchase of a property or business which had value before the pandemic, but now has no value, a court may void the contract.

The difficulty with this argument is that it is normally used or argued based upon the conditions near or at the time of the signing of the agreement. Thus, if the contract or agreement was entered into months or years before the pandemic, this argument will likely not be successful.

IMPOSSIBILITY

The doctrine of impossibility of performance is typically argued as a defense in conjunction with the other party’s request for the specific performance of the terms of the contract. For example, if you paid a sum of money to a contractor to perform work on your home, and your home is destroyed in a fire, you can get your money back because it would be impossible for the contractor to perform the services. Though impossibility usually goes to the heart of the contract and the reason for entering into the agreement, under the circumstances presented by the corona virus the ability to perform may be rendered impossible.

If the agreement provides that time is of the essence, the fact that a state of emergency has been declared may render a party’s ability to provide services or even get to an event impossible. A party that is forced to comply with regulatory authorities that conflict with their ability to perform will usually persuade a judge that the lack of performance must be excused and the contract voided. If, and when, governments declare that all residents must be quarantined most contracts that require date specific performance, such as weddings and parties, will be voidable due to impossibility.

The coronavirus is having a significant and harmful impact on businesses and their ability to perform under their contracts. However, whether a claiming party can successfully invoke a force majeure clause, an impossibility/impracticability defense, or a frustration of purpose defense in order to excuse performance due to the coronavirus is a fact intensive inquiry and must be assessed on a case-by-case basis. Contractual parties must look to the specific language of the contract, including the applicable law, to determine their likelihood of success.

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ON POLITICS AND TAKEAWAYS

Which is better, intestate succession or testate succession?

When someone passes away with a legitimate last will and testament, this situation is referred to as testate in estate planning. The will is valid in probate court since it was properly made, executed, and witnessed, allowing the terms to be carried out.

When someone "dies testate," their assets are distributed to the people named in their will by an executor, who is also known as the personal representative of the estate. If you fail to choose an executor or your selected executor declines to serve, the estate is still regarded as testate. To administer the probate process and settle the estate, someone only needs to file a petition with the court.

Contrarily, the term "intestate" refers to a person who passes away without a valid will, either because they failed to make one, did so with an invalid document, or because no record of their will could be located.

State law establishes the heirs of a person who passes away intestately. The assets of the estate are often left to the surviving spouse, if not entirely, depending on who else survived the decedent. For instance, in some situations, a decedent's parents may be qualified to receive a share of the intestate estate. States that practice community property also have their own regulations governing what happens to separate and marital property. More immediate blood relatives have the right to inherit over more distant next-of-kin under intestate succession regulations.

At first glance, people, including myself, would seem to favor the idea of testate succession since putting your preferences in a final will and testament can help your family and friends as well as provide you peace of mind. Of course as with everything, there are advantages and disadvantages to consider when crafting one. Some of these are the following: someone could challenge your will, your will may need to go through probate if you have assets that pass under your will worth more than a certain amount, it becomes a public record once it is filed for probate which means anyone can search for it and see its contents, and could leave your estate open to paying large state and/or federal estate taxes or your beneficiaries to paying hefty inheritance taxes if not carefully planned out.

However, in my opinion, it is really more beneficial to have a last will no matter what they own, or their family situation. While writing a will might be a time-consuming procedure, it has several advantages.

First, you can name the inheritors of your property as well as the executor or executors of your estate. Having a will gives you the flexibility to specify who will receive what from your estate, which is one of its biggest benefits. Without a will, your estate is subject to "intestate" state rules, which means that the people you want to benefit may receive little to nothing while others who are not as attached to you obtain the majority. Accordingly, if you are not married but have a committed relationship, that person could not be entitled to anything under these regulations. Alternatively, if you are going through a divorce but it hasn't been finalized, your ex-spouse or partner could make a claim on your estate.

Second, you can determine the age at which any younger beneficiaries will inherit. You can even nominate who you want to be Guardians to your children, if they are under the age of 16. A will allows you to choose a guardian for your children and set aside funds to make sure of their support and comfort.

Third, it can be changed or cancelled. Your will can alter like circumstances do. You can amend any clauses in your will at any moment to more accurately represent your most recent intentions and assets by using a "codicil." Additionally, you have the option to completely cancel a will and start anew if you discover that it no longer serves your interests.

Lastly, it doesn't have to be pricey. Making a final will and testament is often surprisingly affordable, especially if your finances, assets, and beneficiaries are well-defined.

Nobody wants to consider planning for the afterlife, but establishing a will is an essential part of ensuring that your wishes are understood and carried out. You likely worked hard to acquire your home, car, and bank account; shouldn't you specify how everything will be divided after your passing? By drafting a will, you can make sure that your family is taken care of and that your estate is managed in accordance with your preferences — not the will of the government.

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ON POLITICS AND TAKEAWAYS

National Land Use Act: Dapat Na Nga Bang Ipasa?

Land becomes a scarcer resource as the population and ambitions of people rise. The country's present land use regulations are managed by a number of organizations, each with a special mission for a certain use or goal, such as housing and urban development, economic and commercial purposes, agrarian reform, agriculture and fisheries, natural resources, or ancestral domains. When executing specific mandates, policies, and programs, each agency is directed by its own requirements and operational standards. But as a result, these lead to policies that are complex, dispersed, and incoherent. It has never been more important to pass legislation establishing a comprehensive and responsive national land use policy due to the rapidly evolving trends in how people move and live and the competing needs for food, housing, business, and environmental conservation with related health-risk concerns.

A total of 30 million hectares of land in the Philippines are now divided into three groups: protected areas, alienable and disposable lands, and privately owned lands. 14.9 million hectares being alienable and disposable lands, the majority of which are titled and privately held, while the other 15.1 million hectares are public lands. However, due to ambiguous forestland definition, these data do not accurately reflect real land usage.

Actually, the results of a recent study released by the Land Matrix Initiative on the scope of so-called large-scale land acquisitions in the Philippines are not positive. When it comes to the total number of land acquisition agreements signed during the last 20 years, the Philippines is among the top five nations in Asia. Even more concerning, as of 2021, there may be deals in place for 3.6 million hectares, or nearly 58 percent of all the arable land in the Philippines.

In the Philippines, rather than a complete lack of land use regulations, the problem is the inconsistent land classification, implementation, and enforcement of the regulations that are present. Land use guidelines and regulations are sectoral-based; for example, definitions used by the Department of Agrarian Reform are different in some ways from those used by the Department of Environment and Natural Resources. What is now readily apparent in the Philippines is a direct outcome of the absence of a comprehensive land use regulation. Sometimes illegally, agricultural property is turned for commercial, industrial, or residential real estate development. Instead of being maintained, forest lands are being stripped naked for mining or cultivation. As a result, human settlements are established and continue to expand in geologically and ecologically risky places. Moreover, the overcrowding in our cities has increased the threats to people's health and safety.

These said, I believe it is really time to pass the National Land Use bill into law specifically to address the following concerns I consider to be crucial:

First, food security and health. Often, land degradation, diminishing soil fertility, unsustainable water use, drought, and loss of biodiversity are seen as direct causes of hunger and declining levels of food security. Enhancing agricultural output, particularly for small-scale food producers requires sustainable land management and the restoration of terrestrial resources. These promote the wellbeing of people by ensuring resilient agricultural methods, sustainable food production, and the effective use of natural resources. For instance, zoning laws that govern the placement of food markets or farms determine how easy or difficult it is to find nutritious food, and when zoning industrial plants, the community's potential exposure to chemical and associated risks is given first priority.

Second is climate change, disaster risk and human settlement. Passing the bill into law places industrial facilities in areas not prone to natural disasters and other risks which are likely to be exacerbated by the expected increase in extreme weather events due to climate change. By discouraging high-density settlements and the construction of critical installations in hazard-prone areas, controlling population density and growth, and in the siting of service routes for transportation, power, water, sewage, and other critical facilities, land-use planning can help to mitigate disasters and reduce risks. The greater integration of industrial and residential safety, land use planning and environmental assessment is most desirable to ensure greater benefit of land use.

Third, and lastly, informal settlement. If the measure is passed into law, each LGU unit will, in accordance with current laws and regulations, allocate lands for socialized housing and resettlement zones for the present and future needs of the poor and homeless under their jurisdiction. The specified sites for socialized housing must be situated in residential areas and zoned as such in accordance with the zoning code of the city or municipality.

It can take years before all the benefits of the measure's quick passage are realized. The national land use policy, however, will act as a safety net for the demands of the next generations of Filipinos to live sustainably, justly, and healthily if it is implemented effectively.

[lyblogs]

ON POLITICS AND TAKEAWAYS

Divorce: To Legalize or Not

Most people greatly value the iconic phrase, “‘til death do us part.” But what if the love that binds the couple fades away? What if they want to part ways even before death? What if living together only brings miserable suffering? One way to end this is through divorce. However, the Philippines is still not ready to accept this.

It is important to know that there are different ways for a couple to end the marriage. Annulment, for one, is a legal determination that a marriage has always been invalid and is therefore ended. Similar to divorce, an annulment allows the parties to remarry or enter in a domestic partnership with another person. In legal separation, spouses may formalize a de facto separation while remaining legally married. This determination is delivered in the form of a court order. Since it does not end the marriage, parties are unable to remarry or enter into a domestic partnership with another person. Divorce, on the other hand, recognizes and terminates the existence of marriage based on the combined grounds of annulment and legal separation, but also adds the basis that both parties are truly experiencing an irreconcilable marriage despite their efforts.

With the definition stated above, it is really time to legalize divorce in the Philippines because of the following reasons:

One, divorce is cheaper than annulment. The cost of an annulment is often deemed discriminatory since it favors the rich who can afford the necessary legal teams to pursue the process, while the poor remains in line and unheard in court for years due to limited resources.

Second, there is an increasing rate of battered wife in the Philippines. They lack confidence because they know that there are no laws to support them. Couples remain living together due to the lack of a law that would allow them to legally and properly part ways, and seek the peace and happiness that they couldn’t find in their present partner. They can only have legal separation as their choice, so imagine the trauma and pain that they are still technically married to their abusers.

Third, the grounds for annulment and legal separation seem ineffective and provide a limited number of options for people who want to leave their irreparable marriages. For example, if a person wants to dissolve his or her marriage due to irreconcilable differences and loss of affection, neither of the two ways would help them just because people think that the abovementioned reasons are petty.

The Philippines is known for being a strong Christian nation, with over 80% of its population as Roman Catholics. They are the group that is known to be against the divorce issue. Indeed, the Catholic Church will be the greatest opponent of the divorce bill. But if you think about it, the institutions of marriage and the family have survived to this day, as they will survive a Philippine divorce law. We are a secular state, where no religious group has the right to define law or policy for the entire population. The law should only give people a choice, to be exercised according to their own personal beliefs.

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ON POLITICS AND TAKEAWAYS

How to improve the criminal justice system in the Philippines?

A staggering statistic highlighting one of the most critical problems in the Philippines is that ratio wise, there is one court per 50,000 people. There are simply not enough courts to meet society’s demand. According to Maria Lourdes Sereno, Chief Justice of the Supreme Court of the Philippines, there are only 2,000 courts nationwide that serve a population of a hundred million. If we compare this ratio with developed nations, it’s clear the Philippines has an undermanned justice sector. Among the problems arising from this reality is that  court cases take years to be resolved, many Filipinos are too poor to access justice, prisoners’ rights continue to be disrespected and ignored, and inability to post bail adds thousands of pre-trial detainees to the prison system.

There have been multiple attempts to address these issues, but it seems like no one has the political will to actualize these solutions yet. For legal experts, the most tangible thing to do is to increase the national budget for it. With increased budget, the government can increase manpower, construct more courts and enhance legal systems for productivity. But for the sake of meaningful elaboration, here are some specific recommendations:

First, let it be known that the criminal justice system is a system of systems, and these five pillars are law enforcement, prosecution, court, corrections, and community.,

To improve the system of law enforcement, there should be an innovative mechanism to help improve and even heighten the relationship between the public and the police as one way of ensuring success in community policy, that is, avoiding misinterpretation and misinformation of these rules. Also, since PNP, NBI, BOC, etc. are under the premise of law enforcement, there are minor criminal cases that should be reported to the police and should be immediately resolved at the local level.

When it comes to the prosecution, first, continue to hire more prosecutor to avoid backlogs of cases. Next, employ a criminologist or psychologist to better explain criminal activity and why they engage in such illegal acts.

Third is the court. Same with prosecution, continue to hire more judges to reduce case backlog. Also, have an agency or non-government organization to assist offenders or victims in having a free counsel. 

Corrections is the fourth pillar. First, the government should build facilities dedicated solely to the reformation of offenders. They should also build more facilities dedicated to criminal cases prisoners. 

Lastly, the purpose of the community pillar is fundamentally geared toward the support to the programs of corrections. When the ex-convict is reintegrated to the community, it is assured that he or she is ready to engage himself again. Thus, the community should accept and assist the reformed individual to the new life. To improve the system of community, mass media should be encouraged to contribute positively to the education of the public on issues of crime prevention and criminal justice, as an important tool of socialization together with programs on civic and legal education.

[lyblogs]

ON POLITICS AND TAKEAWAYS

The State of Human Rights in the Philippines: Yay or Nay?

In the Philippines, the issue of human rights violations is not something unfamiliar to Filipinos but rather a long-standing issue that started even before the infamous martial law when we were colonized by great powers. There had been many revisions made in our constitution but until today, the implementation is always weak. Well, some may not believe this due to the internationally established fact that we are a democratic country, but I believe that ironically, countries that preach democracy and attach it to their state’s identity are the very oppressive ones in practice.

There are many areas to tackle when we talk about human rights issues in the Philippines, but I want this blog to focus on our freedom of expression and the dismal state of women’s rights. In this digital age, social media is where freedom of expression is usually realized through dissent and discontent considering that the current political climate is dominated by a president often described as ‘authoritarian’ and ‘dictatorial’ and a police and military force that takes his word as law. But this does not mean that the state of its freedom of expression online is at its healthiest. Various governmental restrictions, limitations, attacks, and even abuses of this freedom exist, keeping the Philippines consistently near the top of “most dangerous countries for journalists” lists. Not just journalists, but also lawyers who handled cases of political prisoners, or political activists who were just recently seen on the open field for their advocacy whose bodies suddenly disappeared or were found dead. To make things worse, whether or not these intriguing circumstances were state sponsored, the low rate of success in prosecuting cases has been a major factor contributing to the continuing use of violence.

As to the rights of women, the current situation of women in the Philippines is best described as having sharp contradictions. The Filipino women may be considered as one of the most advanced vis-à-vis the women in other countries, in the areas of academic, professional, politics and legislation. However, they also suffer from domestic violence, economic disadvantages, and discrimination at the workplace. There are instances where barangay officials “forced” the discriminated women to settle with their perpetrator, despite the victim’s wish to prosecute them. Also, victims undergo lengthy procedures in filing a complaint, making them feel more disempowered and hopeless when attaining justice. Furthermore, they are not given enough priority and proper attention by these duty-bearers, and this has been proven in the midst of pandemic when a Violence Against Women (VAW) victim asked help from the officials at night time, in which violence usually happens or occurs. However, the barangay officials only advised the victim to complain/report during the daytime since the VAW office, and the barangay was already closed at that time. This only shows that regardless of the continuous battle against abuse to women, the immense influence of patriarchy in the Philippines will always put women at a disadvantage and away from spotlight of concern.

These said, NAY. Democracy and individual freedom in the Philippines are on recession.

[lyblogs]

ON POLITICS AND TAKEAWAYS

Whether or not Federalism is What the Philippines Needs?

Many wrongly believe federalism is merely a division of governmental functions. That’s not federalism. That is actually what we have right now under the present Constitution and the Local Government Code. Federalism in its most organic sense are two parallel authorities each equally exercising sovereign power over the citizenry.

A good illustration of federalism is the United States.Trump can close US borders to foreigners and financially assist local governments. But as to the 50 States making up the US, the power lies with the State governors. The decision to close or open local government borders, measures to control the COVID-19 virus, the application of police powers on citizens — all belong not to Trump but to the individual States.

Some papers consider federalism as an ideal situation for a vastly diverse country in terms of respective culture, problems, and political nature of people. With greatly improved governance in a federal democracy, Philippines would able to develop greater human and institutional capabilities for good governance: (1) to solve our problems, meet the challenges and achieve the goals as a nation; (2) to effect needed change and reforms faster, and (3) to sustain our development and modernization. In this way, a just and enduring peace can be achieved and it will accelerate nation-building and development for people’s dignity, security, prosperity and welfare, and to enhance our country’s ability to participate in the global economy and community.

However, in reality, it could become a recipe for disaster in a country that is already divided by language, religion and economic inequality.

First, studies show that only a few regions are capable of raising enough taxes on their own. The vast majority of provinces, which will be submerged into new federal states, lack the basic administrative capacity for generating revenue. Not to mention duplication in taxes and further stress on the nascent bureaucracy of peripheral regions under a federal arrangement. Under a federal system, the richer states of the north will have even more resources to enhance their competitiveness, thus deepening the developmental gap with other southern regions.

Most importantly, Filipinos must consider that federal system could further strengthen the power of political dynasties and warlords, which control the Philippines’ peripheries. Under this system, they are best positioned to dominate the newly created local legislature and state institutions, further consolidating their grip on power in the country's poorer regions.

I think we really should strengthen decentralization first and make it more defined for the people to realize the prospects for federalism. Federalism is one idea but it is not the only one. It is definitely not the alas to fix all our country’s ills. Without the proper provisions in place, all it will do is give more power to the dynasties already in power, potentially turn the provinces in fiefdoms, and allow for the president to stay in power much longer than he should. That doesn’t sound like it will solve anything.

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ON POLITICS AND TAKEAWAYS

Is South China Sea Actually the West Philippine Sea?

Despite being used interchangeably and perceived as one or the same by Filipinos, we must bear in mind that when we talk about South China Sea and West Philippine Sea, the difference really matters.

According to Justice Antonio Carpio, the West Philippine Sea does not cover the entire South China Sea. The former refers to waters within our jurisdiction consisting of our territorial sea and exclusive economic zone. Additionally, the rift has never been about what to call a “single entity” because SCS and WPS exist independently. It is also provided in Section 1 of the Administrative Order No. 29 of the Aquino administration that the maritime areas on the western side of the Philippine archipelago are hereby named as the West Philippine Sea. These areas include the Luzon Sea as well as the waters around, within and adjacent to the Kalayaan Island Group and Scarborough Shoal. This is to clarify which portions we claim as ours versus the entirety of the South China Sea. However, the problem is that China insists that the maritime areas claimed by the Philippines are still part of the SCS which is referred to as the vast marginal sea at the western part of the Pacific Ocean which China has claimed almost entirely since 1947 over its supposed "historical rights".

Some legal and technical conclusions that were reached as regards the Philippines include the following: the Philippines has a superior claim to Scarborough Shoal, and there is evidence that the Philippines and the U.S. Navy visited the feature, charted it, and exercised law enforcement jurisdiction over the features. Furthermore, the evidence supporting Philippine sovereignty appears stronger because the fact that it is roughly 120 miles off the west coast of Luzon and is well inside the 200-nm claimed EEZ of the Philippines and the continental Shelf weighs in on this determination. Although the KIG claim by the Philippines carries little legal weight for the reason that it stands on the same footing as the nine-dashed-line claim of China, and, it was made later than the claims of China and Vietnam, the Philippines still has a superior claim to four specific high-tide elevations in the KIG based on a principle of first discovery and effective occupations.

But China begs to disagree. The claim that the Huangyan Island (Scarborough Shoal) belongs to the Philippines because it's closer to the country is a result of ignorance of the international law. In fact, “geographical proximity” has long been dismissed by the international law and practiced as the principle of the solution of territory ownership. If countries can make territorial claims at will on this ground, the world political map might be a complete mess.

As a response, the Philippine argued that the sovereignty and jurisdiction over the rocks of the Shoal is not premised on proximity or the fact that the rocks are within its 200NM EEZ under the UN Convention on the Law of the Sea (UNCLOS). Rather, it follows the principle of having exercised both effective occupation and effective jurisdiction over the site since its independence. It cites inclusion in Spanish maps of 1734 and 1899, 46 hydrographic surveys in the area, erection of a flag, and maintenance of a lighthouse in the 1960s as evidence of government authority over the features.