Scaebolah: The Legal Answer to Personal Questions

Some creative law students have started a legal advice column answering personal questions with legal discourses.  I just read the answer to this question:

Dear Scaebolah,

My boyfriend is pressuring to have sex with him. I’m really in love with him but I’m not sure I’m ready for this. What shall I do?

- Juris Prudent

The answer is not what you expect.  Read on.

Government’s FOSS Hesitation

The Inquirer reports that the Government is still considering its policy on free/open source software (FOSS).  To be more precise, government is trying to see if they should require all agencies to use free/open source software.  The INQ7 report said:

CICT Commissioner Emmanuel Lallana said that Philippine government should first develop its capability with open source software “before we mandate it.”

Lallana said a government project known as “PC ng Bayan” is currently offering the Bayanihan Linux operating system, an open source package developed by the Advance Science and Technology Institute, to government agencies.

“I personally believe that it’s not a viable alternative for us right now [to mandate open source software use in government]. For now, we will allow each agency to decide on this,” he added.

While I agree with Comm. Lallana’s concern that FOSS adoption may be jeopardized if the industry is unable or unwilling to provide adequate support for FOSS users, I disagree that this should be a barrier to having a government-wide FOSS policy. (more…)

FOSS Forum

I spent the better part of the day at LinuxWorld Philippines 2005 where the UP Law Internet and Society Program organized 2 sessions in the Public Policy Track of the Conference.  The first session was entitled “From Open Source to Open Content: Issues & Alternatives in “Intellectual Property” and the Public Domain” where our speakers (Attys. Rissa Ofilada and Jimmy Soriano; and artist Ms. Fatima Lasay) discussed the impact of Intellectual Property Rights on the creative process and how a FOSS-like solution offered by Creative Commons can help.  Our second session, “Legal Issues in FOSS” covered various topics including an analysis of the enforceability of the GPL under Philippine law and the implications of the SCO case.  Apart from talks by myself and Atty. Bong Dizon, the highlight came when Manny Amador stood up to rally the troops to reject software patents the awarding of which he says is a “heinous crime.” 

It was an exhausting day but fun.  I’d like to thank Al Alegre and Nina Somera of the Foundation for Media Alternatives who put the entire track together and the folks at the UP Law ISP (Atty. Lindy Rogero-Gavino, Emer Banez, Sharon Corpuz, Judy Repol, Will Varias and Monette de Guzman) for a job well done. 

Imee and the Impeachment

There’s been so much speculation why Rep. Imee Marcos failed to show up for the crucial impeachment vote on the House floor last week.  It now appears that she had left the country at her mother’s request (some say, instruction).  What could be the reason?

Media reports that a Malacanang deal with former First Lady Imelda Marcos promises to allow the former President a proper burial in the Libingan ng mga Bayani in Fort Bonifacio in exchange for Imee’s non-appearance.  If there is any truth to this, then PGMA must have been truly desperate.  No President under this Constitution (not even Marcos’ cousin, Fidel Ramos) dared to bequeath that posthumous honor to the Marcos family simply because it is political suicide.  The wounds dealt during the Marcos regime are too fresh and its victims too entrenched to take this sitting down.  For that reason alone, I disbelieve that such a deal was entered into.

I’ve heard a more believable reason — that the politician in Imelda Marcos rightly concedes that the image of Imee in Congress holding a view and defending a position held by the former President Cory Aquino is an image that the Filipino people are not ready to accept.  As Imee herself points out, her presence and “no” vote were useless.  But her presence and “no” vote places Cory Aquino in a predicament.  Will she applaud the daughter of the President who allegedly killed her husband?  Will she embrace any part of the Marcos regime even though they now support the same cause?  

Let’s put it another way — is anyone ready to see Imee locking arms with Cory? 

What would you think of that?

So probably, the truth is that Imee’s departure was welcomed by the opposition and she faces no retaliation from her allies in Congress.  At the same time, her participation in the mass action to oust PGMA is neither necessary or desired.  Politically, it’s a smart move — the smartest she can make under the circumstances.  And if her mother told her to do it, then she deserves some credit too. 

Software Freedom Day Philippines

Software Freedom Day will be celebrated on September 10, 2005 at the Audio-visual Room, Department of Computer Engineering, College of Engineering, Polytechnic University of the Philippines, Sta Mesa, Manila.  Click here for details.  Claire Ching has directions to the venue.  If all goes well, I plan to be there in the morning. 

Thanks go to Emer Banez for telling me about this.  I hope to see you there.

Unwanted Google Ads

For some reason, ads started appearing in my blog. No doubt, the folks at Calliope are behind this because I’m not seeing a red cent from any of your click-throughs.  I think they think this blog account’s a freebie.  That may be true.  The fact is that I paid for an upgrade a few months ago but technical issues forced further upgrades that I didn’t pay for (nor was I compelled to do so).  The technical issues have since been resolved but my account has not been downgraded. Right now, I’m not sure if my traffic will fit into the account I paid for.  I’m not asking and noone’s brought it up. 

Except now I have these ads that I personally, don’t like to see in a blog.  And they’re everywhere, too.  I feel like my park’s been overrun with billboards not unlike that zoo in Fierce Creatures.

So please accept my apologies, dear reader.  I’ll have to sort this one out.  If the ads disappear, that means I won.  If they don’t, that means I sold out. 

The Impeachment and the Power of the Ballot

As this impeachment process reached its end, much was said about the state of Philippine democracy.  Depending on which side you were on, the dismissal of the Lozano complaint signalled either the triumph or defeat of our fledgling democratic institutions and our adherence to the rule of law.   But it seemed to me that overall, the approval of the justice committee’s report revealed the weakness of the ballot in this country.  

In an ideal democracy, members of Congress are compelled to vote in accordance with the wishes of their constituency. Otherwise they face the prospect of losing their seat in the next election.  After all, the cohesiveness between popular and Congressional will is directly related to the strength of representative democracy.  Using this standard, the impeachment process reveals the weakness of Philippine democracy. (more…)

Statement of Unity: Bukluran Para sa Katotohanan

We come from all walks of life, from different political, cultural, and economic persuasions, different points of view. But in diversity, we find a cause for unity. That cause for unity is our common objective to secure the truth.

We all seek the truth. We want the truth to come out. And yet every means for seeking the truth has been frustrated; every avenue for arriving at the truth has been blocked; and every opportunity to find the truth is being closed.

Gloria Macapagal-Arroyo’s response to our call for the truth has been to suppress evidence, hide her accomplices, engage in a grand cover-up, sow fear, foment distrust and use every instrument at her disposal to encourage division among our people.

We will not be divided in these critical times. (more…)

I Khan’t Believe It

Supreme Court spokesperson Ismael Khan, Jr. has, in my view, done something that disgraces the Court and makes a mockery of its processes.  Inq7 reports Khan as openly speculating that a motion for reconsideration in the recently decided VAT case may have legal basis.  He reaches this conclusion by revealing that a clear majority of justices felt that 20 out of 26 provisions in the VAT law were objectionable. 

In the first place, the Supreme Court deliberations are strictly confidential and never broadcast to the public.  To have the Court spokesperson engage in this kind of disclosure is an unforgivable breach of duty on the part of Mr. Khan.  He has now opened the door to speculation as to who these justices are and why they never voted in favor of striking down the VAT law provisions they felt were “objectionable.”

Moreover, the Supreme Court decision on the VAT law was unanimous with no other justice filing a separate or dissenting opinion.  So, Mr. Khan’s disclosure flies in the face of the official position of the Court. 

This is unprecedented.  At no time in my memory has a Court employee made a disclosure of confidential information, engaged in speculating as to the outcome of a potential course of action and even gave advice to the parties. 

What is the Supreme Court spokesperson trying to do? (more…)

The Supreme Court and its Inflationary Effect on the eVAT Law

Noone doubts that the new VAT law will cause inflation.  Even if prices remain stable at the time the law takes effect, the 10% tax will immediately make some items 10% more expensive. This will trigger a round of price increases and therefore, affect the inflation rate. 

The problem is that in real life, the mere threat of price increases causes inflation as businesses take action in anticipation of inflation.  In the case of the eVAT, this phenomenon is being dragged out by the Supreme Court’s TRO.  In the middle of the year, regional wage boards already raised the minimum wage all over the country.  That already resulted in a round of inflation on top of the one that happened as the eVAT was coming into effect. 

To make matters worse, the Supreme Court still hasn’t lifted the TRO.  Having just read the Court’ unanimous decision on the eVAT case,  I wonder why they didn’t do that. The Court demolished all the arguments raised by the Petitioners.  Reading through the Court’s resolution, the petitions filed seemed to be no stronger than the Lozano complaint  (which makes me wonder why they even issued the TRO in the first place).  And since not a single Justice dissented from the majority opinion, any motion for reconsideration stands a snowball’s chance in hell in ever being granted.

So lift the TRO now.  The longer this drags out, the more inflation this law will inflict on our economy.  While the Court seems to pride itself in taking nationalistic positions in matters of economic policy, this is one case where they’re causing more harm than good.