Archive for February, 2008
12.02.08

The Writ of Habeas Data and Facebook

Current Events, Internet, Law

An “activist” Supreme Court has been quietly but irrevocably redefining the Philippine legal landscape by institutionalizing remedies for the protection of human rights. In September 2007, the SC promulgated the rules governing the issuance of the Writ of Amparo (derived from the Spanish word “amparar”, meaning “to protect”). The writ is issued by the courts in favor of a petitioner whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The promulgation of the rules on the issuance of the writ was in response to the threats, extralegal killings and enforced disappearances prevalent in the country. The writ provides the private individual with a “weapon” to keep the wolves of private or state-sponsored oppression or coercion at bay.

Another tool for the protection of individual rights has lately been brought to the fore, with the promulgation by the SC in January 2008 of Administrative Memorandum 08-01-16-SC prescribing the new rules for the Writ of Habeas Data. The writ in general is designed to safeguard individual freedom from abuse in the information age by means of an individual complaint filed in court to protect the image, privacy, honor, information, self-determination, and freedom of information of a person. It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. Read the rest of this entry »

11.02.08

The Gloria Arroyo Conundrum

Current Events, Politics

Nicholas Kristof, in his column in the New York Times, presents an interesting theory on how women rule and what they need to succeed as leaders, on the eve of the possible election of the first woman U.S. president.

The article makes brief mention of the Philippines as a place where women as heads of state have had less than sterling records.

“While no woman has been president of the United States — yet — the world does have several thousand years’ worth of experience with female leaders. And I have to acknowledge it: Their historical record puts men’s to shame.

A notable share of the great leaders in history have been women: Queen Hatshepsut and Cleopatra of Egypt, Empress Wu Zetian of China, Isabella of Castile, Queen Elizabeth I of England, Catherine the Great of Russia, and Maria Theresa of Austria. Granted, I’m neglecting the likes of Bloody Mary, but it’s still true that those women who climbed to power in monarchies had an astonishingly high success rate.

Research by political psychologists points to possible explanations. Scholars find that women, compared with men, tend to excel in consensus-building and certain other skills useful in leadership. If so, why have female political leaders been so much less impressive in the democratic era? Margaret Thatcher was a transformative figure, but women have been mediocre prime ministers or presidents in countries like Sri Lanka, India, Bangladesh, Pakistan, the Philippines and Indonesia. Often, they haven’t even addressed the urgent needs of women in those countries.”

Read the rest of this entry »

09.02.08

Lorenzo “Jun” Lozada and the Year of the Rat

Current Events, Politics

Lorenzo “Jun” Lozada, Jr. finally surfaced and testified on the rotten ZTE deal, aptly enough, at the start of the Chinese lunar new year commemorating the Rat, an animal known for its intelligence and cunning. According to Wikipedia, rat people are ambitious and strong-willed, keen promoters of their own agenda, which often include money and power.

“They are energetic and versatile and can usually find their way around obstacles, and adapt to various environments easily. A rat’s natural charm and sharp demeanor make it an appealing friend for almost anyone, but rats are usually highly exclusive and selective when choosing friends and so often have only a few very close friends whom they trust. Behind the smiles and charm, rats can be terribly obstinate and controlling, insisting on having things their way no matter what the cost. Rats are masters of mind games and can be very dangerous, calculative and downright cruel if the need arises. Quick-tempered and aggressive, they will not think twice about exacting revenge on those that hurt them in any way. Rats need to learn to relax sometimes, as they can be quite obsessed with detail, intolerant and strict, demanding order, obedience, and perfection. Rats consider others before themselves, and can be deeply affronted if they feel they have been deceived or that their trust has been abused.”

Sounds familiar ? This seems to be a fairly accurate description of a number of characters involved in the ZTE scandal, including, by his own account, Jun Lozada himself. Read the rest of this entry »

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06.02.08

Hillary Wins New York and California But Contest Far From Over; McCain on Top

Current Events, Politics

Sen. Hillary Rodham Clinton won the mammoth California primary Tuesday night, adding to wins in other delegate-rich states in the northeast, particularly New York and New Jersey. She also won in Massachusetts, Arkansas, Oklahoma, Tennessee and Arizona.

California was the big prize of Super Tuesday, with 370 delegates.

Barack Obama won in his home state of Illinois and in Georgia, Alabama, Minnesota, Colorado, Connecticut, Delaware, Utah, Kansas, North Dakota, Idaho and Missouri.

But the outcome is still too close to call. Neither candidate has won a clear plurality. And because of the Democratic nominating rules, a candidate may win a state-wide majority but will not get all of the state’s party delegates. A significant haul of delegates from smaller states across the country and a not-too-distant finish in others might still get Barack Obama the nomination. Read the rest of this entry »

04.02.08

No Tears for Joe De Venecia

Current Events, Politics

Speaker of the House of Representatives Jose De Venecia (JDV to all and sundry) is about to be booted out by a coalition cobbled together by the sons of GMA, congressmen Mikey and Dato Arroyo, and KAMPI, the President’s party.

There is some cruel irony in the circumstances surrounding the imminent departure of JDV from the speakership. The compleat dealmaker, dissembler and backroom operator, undone finally, not by events of his own doing, but by the truth as spoken by his son. No one can deny that this is payback for Joey De Venecia having blown the whistle on the questionable ZTE transaction and the involvement of the First Gentleman, Mike Arroyo, in the aborted deal.

Senator Miriam Defensor-Santiago calls it “karma”. What goes around, comes around. Read the rest of this entry »

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