Why I Don’t Like Kiko Pangilinan
July 26, 2010
Before 2006, the Philippine Revised Penal Code exempts children below 9 years old from criminal liability. This is because the law considers children within this age range to have no discernment or the ability to know the consequences of their unlawful acts. This means that if minors aged below 9 years old committeed a crime, you cannot charge them before the courts. Under the same law, children above 9 years old and up to 15 years old, have no criminal liability UNLESS they were acting with discernment. This means that minors within that age range can be charged in court for a crime if it can be seen from the circumstances that they were aware that what they did was wrong.
All these changed in 2006. Under the sponsorship of the esteemed Senator Francis Pangilinan, the Congress came out with Republic Act No. 9344 which stunned legal practitioners in the country, and generally shook the Philippine legal system. The said law became known as the “Juvenile Justice and Welfare Act of 2006″.
What is wrong with this and why did it cause so much furor? Plenty. The law basically is full of holes and creates processes for which the established government agencies has little- if none- resources to answer. For example, the law says minors cannot be detained together with adults but in most provinces, there are no detention facilities for minors. Hence, there is no choice but to place the minors in the same detention facility with adults.
But the most radical of its provisions is Sec. 6 which states:
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.
Basically, the new law says that children below 15 years old cannot be charged before the courts for their criminal acts. This also means that children above 15 and below 18 can be held criminally liable IF and only if, they are found to be acting with discernment.
Discernment has been said by the Supreme Court in one case to be the “mental capacity to understand the difference between right and wrong”. If a minor waited after dark and when the victim was alone before he raped her, and after having raped her, warned her not to tell anyone of what happened, the minor can be said to have been acting with discernment.
In the light of today’s technology and the modern times, can we still say that minors from the age of 13-15 have no discernment? If a 14 year old urchin grabs your ipod as you are walking in the street, can you say that he did not know that taking away someone’s property is bad? Do you think that a 14-year old boy would not be aware that engaging in sex at his age is forbidden? Do you think that his sex hormones have not yet started kicking in? What do you think would happen if he gives in to his urges and decides to play “house” with a 10 year old girl? Suppose a criminal syndicate decides to use these kids to sell drugs for them? Because of RA 9344, the minor cannot be held criminally liable.
And herein lies the problem for me. I believe that most kids these days are savvy and well-informed enough to know the difference between right and wrong. It is generally taught to us in childhood that it is wrong to hurt someone else or to take away someone’s property. We are taught that drugs are bad and that we should stay away from them. Yet, under the law, despite knowing that certain acts are wrong, minors who commit them can not be made liable for their actions.
I believe that the old law was too harsh on minors. However, I also believe that RA 9344 is too lax with them. In 2006, I attended a lecture where one of the resource person is someone from an NGO which batted for the amendment of the Revised Penal Code, with regard to the criminal liability of minors. He said that what they were pushing for was for the raising of the age of exemption from criminal liability from 9 years old to 12. They were surprised when the good Senator Pangilinan raised it to 15 years old.
And so, because of this law, Senator Pangilinan will not be getting my vote anytime soon.
Hanubayan?!
July 1, 2010Di ko namalayan, muntik na pala akong mawalan ng trabaho kahapon. Sa sobrang kagustuhan kasi ng Lolo nyo ng pagbabago, gusto pa idamay ang trabaho ko. Buti na lang, may job security ako. Kaya si Lolo, supalpal. Backtrack bigla.
Ewan ko ba. Hindi ko tuloy alam kung sobrang mayabang lang talaga si Lolo na feeling nya, kaya nyang gawin lahat ng gusto nya, matigas ang ulo, or talagang igno sya. Either way, nakakahiya. Kung bakit ba naman kasi, hindi magtanong muna sa mga taong nakakaalam bago gumawa ng hakbang.Nagmukha tuloy tanga si Lolo.
Lolo, ayaw ko mang magbigay ng unsolicited advise, pwede ba kung may hakbang kang iniisip gawin, pag-isipan mo muna ng paulit-ulit? At pwede ba, magtanong ka naman sa mga nakakaalam. Ok lang sana na tanga ka basta inaamin mong tanga ka at willing ka matuto. Pero kung tanga ka na nga at feeling mo super galing ka, malaking problema yan. Wag masyado makinig sa mga sipsep.
Mangga Ba Kamo?
June 22, 2010Sa tabi ng bahay namin, may isang puno ng mangga. Hindi piko, hindi rin carabao. At mas lalong hindi indian. Mistiso ito. Sosyal. Pear mango daw tawag dun. Yung lasa, hindi mo maintindihan. Parang pili na ewan. Medyo maasim sya. Pero masarap na pagka-asim. Mabuhok (fibrous) kapag hinog na.
Nung mga nakalipas na taon, madalang ito mamunga. Maswerte na kung makakuha ka ng tatlong bunga sa isang season. Pano kasi, laging inuulan ang mga bulaklak. Naglalaglagan tuloy. Kundi naman, nauunahan kami ng mga paniki. Kung swertehin ka naman at makakuha, sobrang asim naman. Until now.
Ngayong summer, bongga ang mangga naming sosyal. Ang dami ng bunga! Siguro dahil na rin sa mainit. Eto sya:
Sabi nila, ang punong hitik sa bunga, yun ang binabato. Di pwedeng batuhin aka bumalik sa amin ang bato. Toink! aya sinungkit na lang namin.
Masarap yung medyo manibalang…
Hmm…san kaya masarap i-partner ito?
Kain na!
Sarap!
*para kay Lee, Cath at iba pang readers na nasa abroad.:D
Get Ready To Fall In Love at 0:50
June 17, 2010and at 1:27 and 2:56
and maybe at 2:16
but definitely at 0:50…
hay, Papi…!
A Letter to a Trapo
Dear Trapo,
I heard you over the radio today while I was in the shower. I was so surprised by your tirade that I had to pause from applying conditioner in my hair (an activity I have started to enjoy after switching to this new organic conditioner), and listen to what your were saying. You were complaining about the dismal educational system, the lack of books, the overcrowding at schools, and of students who graduate without learning how to read. Bsically, you were complaining about the same problems we have every opening of the school year.
Oh, you do have valid points. However, what surprised me was the gall you had in complaining. My dear trapo, have you ever stopped and thought whether or not you contributed to this mess? You who would insist- demand, rather- that your people be appointed to posts as teachers and educators even though they are miserably unqualified for the job? All because they are your voters/supporters/kamag-anak/inaanak? Aren’t you the one responsible for the hiring of thousands of incompetent teachers and several more government employees? A few years ago, you made a big to-do about the appointment of B in an important position, all because that certain person comes from another place? And that you were batting for the appointment of V, even though he lacks qualifications for the job?
Instead of complaining about the currently unsatisfactory educational system, why don’t you start doing something about it? Instead of sitting at your hands when you are supposed to be working, why not start buckling down to work? It’s not as if you don’t know your job, you should be able to do it by now with your eyes closed and your hands ties behind you. If you can’t, please do us a favor and stop running for office. Or at least, shut up.
Sincerely,
A disappointed voter
Random Food Pics
June 16, 2010I have mentioned before that Fruito King at the New Divisoria Mall is one of the favorite eating places ever. This is one of the reasons I keep coming back, aside from the chicken feet:
vegetarian dimsum
The roasted garlic really works well with the blandness of the taro. The downside in eating this is you can hardly open your mouth because of garlic breath. On the other hand, it could give you awesome bargaining powers.
One of my comfort foods coming from my law school days is from Shakeys. Years have passed and my palate has become more discriminating, but I will always have a special place in my heart and tummy for Shakey’s Bunch of Lunch. The pizza may be bland, the chicken and the potatoes too salty, but it will always be one of my favorites.
Bunch of Lunch
Another downside to living in a barriotic city is the lack of good eating places. One does get tired of at Jolibee, Chow King, Greenwich, fast food joints, and pancit places. Fortunately, somebody opened a sort of an Italian/Japanese joint here. The choices are very limited and the service is a little slow, but one thing I always enjoy there is the California maki.
It being summer, some friends and I had to have one day at the beach, no matter what. These are what we brought with us:
gulay na langka, angol, and inihaw na baboy
Sarap!
Problema na naman?
June 14, 2010
Busy Cooking
May 20, 2010
. I’ve been enjoying keeping in touch with old friends and cooking on Cafe World that I had no time nor ideas for blogging. Heck, I barely had time to work 
Ayuno
April 1, 2010One of the hassles in living in a citified barrio, where every establishment closes at 7pm and the streets are deserted at 9pm, is finding “treats” you can find in Manila. During my latest trip to Manila, I was pleasantly shocked and surprised when I saw this at a supermarket:
Look how perfectly beautiful it is: the red coloring and the marbling. I have been dreaming about tasting this but was afraid of how much it would cost. When I saw this, I was immediately excited. I got one pack and when I got home, heated it a bit and ate it with some watermelons. Oh, the taste! Just a few slivers fill my mouth with its smoky goodness! The smoky flavor was intense! And it was not salty at all, not sweetish. I tried eating it from out of the package, but the flavor was not as intense as when it was heated. I tried eating it with some salad and it was just as good.
Best thing about it is that now I don’t have to go to Spain to get me some jamon serrano. It is available at a easily accesible supermarket. Next best thing about it is the price.
Tired
March 3, 2010
I love my job, I like what I do and I like the people I work with. It’s not always a bed of roses. There are some cases that seem impossible to win and there are some clients that managed to creep out from hell, and there are some days that seem to drag on forever. These things are taken in stride. But when days like yesterday happen, I begin to question whether I should stay in my profession. Happily, days like that do not happen often– about every 3 months or so–so it’s bearable. No, I am not yet over yesterday. I am still pissed. But I know that in two or three years or so, it will pass. I just hope it comes sooner than later.And I pray that I be given more patience.
Inis pa rin
March 2, 2010
Sabi ni Uncle Ben, “With great power comes great responsibility”. Dapat yata required ipakita ang Spiderman 1 sa mga tao kasi meron mga tao dyan na gusto ng poder pero ayaw gampanan o di kayang gampanan ang mga responsibilidad at mga alintuntunin ng kanilang posisyon. Kung kailangan sa trabaho mo na nag-iisip ka at bobo ka, mag-aral ka naman para hindi ka kahiya-hiya. Kasi, kung hindi mo kaya, umalis ka na lang kasi nakakasagabal ka sa mga taong gusto mag-trabaho ng maayos. Plus, nakakahiya ang ginagawa mong pagkakalat.
I Will Not Vote
February 19, 2010
I will not vote for a candidate who merely promises that he will not steal. I need something more than that. Besides, what is the guarantee that HIS people will not steal?
I will not vote for a candidate who is merely a pretty face. Looks are not everything.
I will not vote for a candidate who does not have any accomplishments/track record/performance prior to his running for office. How do I know how he will perform in the office he is running for now?
I will not vote for a candidate whose campaign strategy is to takedown his opponents. Play fair.
I want a candidate who is a leader, not a social worker.
I want a candidate who, when promising things to people, will also state how he will be able to achieve these promises. Money is a limited resource. You spend more for one thing, you spend less for some other things.
I want a candidate who has a clear vision of what he is to do and how he needs to achieve it. I want someone who will enjoin people to achieve his vision.
I want a candidate who will not steal the people blind and who has the guts to keep his people from stealing from the people.
I want a leader who will take a firm stand on issues and will not waver from his commitment, no matter controversial it is, so long as his stand is legal and just.
I want a leader who has shown that he can perform well, that he laws and orograms that are beneficial to the people.
I want a leader who will choose people on the basis of their abilities and willingness to be of service to the public. Public service requires dedicationand should transcend party lines.
I want a leader who shows respect for people even if they are on opposite sides of the political spectrum. Or if they disagree with him. Politeness and civility counts.
Are there any candidates who meet my requirements?
Signs of the Times
January 21, 2010Seen at a dressing room in Trinoma:
messages below say:
-discrimination?
-Only Asians
At a carinderia in Quezon City:
chop souy - masabaw na chop suey?
shrims? - ano yun?
breeded chicken- chicken na sosyal- may breeding eh.
pata team? -anong laro?
In fairness, the food was great. altho the surroundings will make your skin crawl
An Indecent Proposal
January 13, 2010
source: mgcpuzzles.com
The proposal to impose an expiration date on marriages is creating quite a buzz these days. As expected, people taking sides and the Church is in a near panic mode, saying that if it becomes a law there will be a higher incidence of crime as children deprived of love will be out in the streets, creating a rampage. As if. (Dear Church, with that assumption, do you think that where the parents are together and yet there is no love in the family, the children will not be going on rampage?)
For those who have high hopes for the proposal, dream no more. It is unconstitutional and will not become a law unless there is a change in the Constitution. Repeated throughout the Philippine 1987 Constitution is the phrase “[T]he State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution“. Furthermore, the proposal is discriminatory. Those who have a happy family life will suffer its effects as they will have to get married again.
Article 1 of the Family Code states:
“Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.” Special means that it is unlike any other contract. Permanent means it has a lifetime effect. Not subject to stipulation means that the parties cannot by themselves, change the terms of their marriage, i.e. agree mutually to separate and to have nothing to do with each other anymore (walang pakialaman).
Even if there is a change in the Constitution, even if it is not against the law, the proposal IS a ridiculous proposal. Unlike an ordinary contract, the marriage contract produces effects which has legal implications. It is not like a driver’s license or a visa or a contract of work or a contract of lease. It produces long ranging effects, like children and properties. A valid marriage produces legitimate children, property relations, rights to support, parental authority, and other important issues.
1) If a marriage has an expiration date, what will happen to children who were conceived after the expiration of the contract but before the renewal of the contract? Will they still be considered as legitimate or illegitimate? If illegitimate, they will have rights different from their sibling who were conceived during the effectivity of the marriage contract.Will the legitimate children produced during the marriage still be considered legitimate after th expiration of the marriage, or finished contract na din sila after the expiration?
2) Upon the expiration of the marriage, how will the conjugal properties be divided? Dividing these will entail large legal expenses, which is what the proponents are trying to avoid. If for example, Manny and Jinkee’s marriage expires, who will have the house in Cali? Will it be divided according to the legal provisions on annullment and legal separation? Supposing the former spouses have separated but their investments are still earning, what will happen to the earned improvements? Who will get that?
3) If after the marriage has expired, are the spouses still obliged to support their minor children? Is the working former spouse still required to provide support to the spouse who is taking care of the minor children?
4) Who will have parental authority over the children? In case of disagreements as to how the children will be raised, who will prevail? Supposing the child wants to be an artista and one parent is ok with it but the other is not, sino masusunod?
1-ABAA, a women’s party list group who is proposing such law, says that this will further strengthen the family. How will the law achieve this when the contract which basis for the family is being reduced to an ordinary contract? Doesn’t that cheapen the concept of a family? If they really are after the well being of the family, they should instead propose a bill requiring free or affordable marriage counselling to couples having marital trouble or as a prerequisite for annulment. Or require psychiatric examinations for couples wanting to get married so that early on, it can be determined that the couples are psychologically capacitated to marry. Or to allow divorce.
They also say that with the proposal, families will be incurring less legal expenses and will not clog the court dockets. I do not think that they can avoid that as I have pointed out earlier, a marriage will produce legal affects which need to sorted out in the event of the end of the marriage. Couples who want to stay together will incur additional and unnecessary expenses to do so.
Personally, I think this proposal is being made to create buzz for the party list for the coming elections. Voter recall, hello. Wala na ba kayong maisip na mas matinong proposal?
Si Kulet at ang Kanyang Pet
January 6, 2010
Kunot ang noo ng pumasok sa office kanina ang nanay ni Kulet. Problemado. Di raw nya alam kung ano ang sasabihin o gagawin sa anak. Bakit ba?, tanong ko. Eto raw nangyari sa bahay nila:
Kulet: Kelan mo ba ako Mama bibigyan ng pet? Gusto ko ng pet.
Nanay: E di ba may pet chicken ka na?
Kulet: Ayaw ko na nun. Gusto ko naman ng iba.
Nanay: O sige, anong pet ang gusto mo?
Kulet: Gorilla.
Ano kamo , may manok ang anak mo?, tanong ko. Di kaya mamaya nyan, maghahanap na yan ng tupada? Gaga, sabi ni nanay.Tsk tsk. Sabihin mo sa anak mo, hindi pwede gawing pet ang gorilla kasi malaki ito at hindi kasya sa bahay ninyo.
Uwi ngayon si nanay.
Nanay: Anak, wag na lang gorilla ang pet mo. Mahirap mag-alaga nun.
Kulet: O sige. Basta pagawa na lang kayo ng swimming pool para may pet shark ako.
Libre Ang Mangarap
January 4, 2010Naalala ko pa nung graduation sa nursery ng pinsan ko. Siempre, mega-attend naman ako. Aliw kasi manood ng mga ganyan. Riot. Eto ngayon ang siste. Yung mga graduating students, isa-isang aakyat sa stage tapos magsasalita kung ano ang gusto nila maging paglaki nila. “When I grow up, I want to be a ….”.
As usual, marami ang gusto maging lawyer, doctor, nurse, etc. Kaklase ng pinsan ko yung dalawang anak ng kapitbahay namin. Sabi nung kuya, “When I grow up, I want to be a engineer.” Palakpakan ang mga tao. Nung umakyat na sa stage si JJ, hagalpakan sa tawa ang mga tao. Pano ba naman kasi, ang sinabi eto: “When I grow up, I want to be an NPA.”
Kaya naman pala NPA ang gusto kasi para naman daw maiba. Nung practise nila kasi, nagsabi din sya na “I want to be a doctor”. Sabi ng teacher, “Wag na nung doctor, ang dami na ng gusto ng doctor. Sabihin mo, pilot para maiba naman”. Nagprotesta si J. “Ayaw ko nga ng pilot! Ang gusto ko, burabod!” (May elementary school dito na ang tawag, Pilot. Meron ding elementary school dito na ang tawag, Burabod.)
Angko
January 1, 2010When my favorite sister (I only have one) went to Camarines Norte, all I asked for is for her to bring me some food treats. When she got back, among the things she brought were angko.
Found only (I think) in a certain town somewhere in Camarines Norte (either in Daet or in Vinzons, I am not sure), angko is a thumb sized treat made of ground sticky rice. Inside, the filling is made of sweet ground peanuts, like a peanut butter.
Update. What is fuuny-weird about this snack is that it is not well known, even to the Bicolanos. I am willing to bet that most of the Bicolanos I know have never seen this, much less tasted this goodie. Which is a bit sad because as you bite into it, the delicate blandness of the rice gives way to the sweet, nutty surprise inside.
Kinunot
December 30, 2009One of a Bicolano’s comfort foods, kinunot is either made from stingray or baby shark. You can also use a fleshy, white fleshed fish which does not have a strong taste, but I don’t really like using it. It’s a dish easy to make, uses simple ingredients, but is delicious. The Bicolano market usually has stingray.
To make kinunot na pagi, you will need:
pagi, about 1/2 kilo, boiled
which is then flaked
garlic,onions, sili (you can also use siling haba)
kalamansi juice (about 10-12 fruits)
malunggay leaves
coconut milk and cream from one coconut, of course
When flaking the stingray, add also the skin part which is non-gritty. Dice it, not flake. In a pan, pour in the coconut milk, add the garlic and onions. When the coco milk is boiling, add the flaked stingray. Simmer until the liquid is reduced and oil starts to come out. Add the coconut cream (kakang gata). Throw in the sili and the malunggay. If using siling labuyo, you may slice it for added heat. When the coconut cream is reduced, add the kalamansi juice. Add salt to taste. Serve with hot rice.
If using shark meat or older stingray, it’s advisable to add some grated ginger and laurel leaves to remove the unpleasant odor/taste as some shrak and mature stingray tend to smell mapanghi.
