Pag-ibig yan, mahirap labanan...

Ang tagal ko na rin pala hindi nakapagpost! Hello, muli akong nagbabalik! Sabi nga "back on track, baby! let's get it on!". Ano daw? LOL! Sa totoo lang, di ko alam bakit ko sinusulat 'to. Siguro dahil marami lang akong narealize sa mga nagdaang araw. While doing this blog, ang bongga ng soundtrip ko -> "Didn't we almost have it all". Nakakaloko lang no? Emoterang palaka ang peg! Lahat naman tayo, nagmahal na ng todo-todo. Aminin mo yan! May mga tao kasi na kapag nagmahal, bigay lahat. Kulang na lang pati laman loob nila ibigay nila para mapakita kung gano nila kamahal yung isang tao. Di ko naman sila masisisi. Sabi ko dati, ang tanga tanga ng mga tao na kahit nasasaktan ng sobra, patuloy pa rin sila. Ang kapal pa ng mukha kong sabihin yun pero ni minsan sa buhay ko, di ko naisip na darating din ako sa ganun punto. Totoo nga ang kasabihan! Kapag tayo na mismo ang nasa ganung sitwasyon, dun lang natin maiisip na "ay oo nga, ganito pala yun, ganito pala ang pakiramdam". Minsan, napaisip din naman ako -> "When is enough, enough?". Parang simpleng tanong lang no? Pero ang hirap sagutin. Pag ba nasasaktan ka na, "enough" na dapat? Game over na ba? Pero syempre, nandyan na naman ang pagtatalo ng puso at isip. Madali sabihin na "utak ang gamitin" pero kapag ikaw na mismo ang nandun sa sitwasyon, di mo na maisip kasi nabubulag ka na sa tinatawag nilang "pagmamahal". Aminin mo yan, marami talaga ang "TANGA" pagdating sa pag-ibig. Pero minsan, ang pinakamahirap na sagutin ay yung tanong na "takot ka ba talaga na mawala sya dahil mahal mo sya o dahil nasanay ka na lang na nandyan sya?". Parang tanong lang yan sa isang movie -> "mahal mo ba ako kaya kailangan mo ako o kailangan mo ako kaya mahal mo ako?". Ang gulo no? Ganyan naman ang L-O-V-E eh. Sadyang magulo! Nakakabaliw! Nandun na kasi yung nasanay ka na kaya kapag nawala, pakiramdam mo kulang ka na. Pero minsan, kahit gano mo kamahal ang isang tao, darating at darating ka pa rin sa punto na mapapagod ka. Tandaan mo, tao ka na may pusong napapagod. Di ka robot na walang pakiramdam. Kung mga baterya nga nauubusan din ng laman, ikaw pa kaya na tao? Kailangan din nating mahalin ang sarili natin. Sabi nga unahin mong mahalin ang sarili mo bago ka magmahal ng iba. Bawat tao may limitasyon. Yung totoo, alam naman natin kung hanggang saan ang limitasyon natin. Minsan lang talaga nakakalimutan natin yun kasi nabubulag tayo sa mga bagay-bagay. Oh well, yan na yan eh. Pag-ibig yan! Mahirap labanan! Diba? Wag mo na i-deny!

Right to privacy? Is it a joke?

Lately, there were issues regarding employers accessing the social networks of their potential employees which have been continuously receiving a lot of negative comments. Can companies/institutions/employers use internet search tools and access to social media accounts in determining the most suitable candidate?

First and foremost, I sincerely believe that in this kind of scenario, the right to privacy of these people will be violated. What is "Right to Privacy"? As discussed by the Supreme Court in the case of Social Justice Society vs. Dangerous Drugs Board and Philippine Drug Enforcement Agency (GR No. 157870), "the essence of privacy is the right to be left alone. In context, the right to privacy means the right to be free from unwarranted exploitation of one's person or from intrusion into one's private activities in such a way as to cause humiliation to a person's ordinary sensibilities". Moreover, I believe that there is no just and valid reason to access the person's social media accounts in this case simply because it is not connected with the nature of employment of that particular person. Secondly, such access can never define if the person is qualified or not, neither will those posts make him/her less of a person. Besides, that is part of his/her personal life and it is very different from professionalism. If this scenario will be practiced in most of the companies in this country, then there's a big chance that a person's freedom of expression will be abridged simply because of the fear that when s/he post something, it may be the reason why s/he will not qualify in a certain position. Furthermore, there will be discrimination in this case because there can be an instance where an employer will not hire a person simply because of the posts that s/he made. Isn't it discrimination?

In my opinion, access to social media accounts can be justified if public interest or national security requires it. But accessing it for employment purposes? I guess that's a No-No. We shall always remember that there are constitutional rights of a person that must be taken into consideration and these are supreme rights protected by the Constitution. Right to privacy is not a joke. We all know that there are no laws that should prevail over the Constitution unless it is for public interest. Hence, access to social model accounts in determining the most suitable candidate might lead to a violation of a person's right to privacy.

China vs. Philippines

For the past few weeks, a very hot issue about a disputed territory known as the Scarborough Shoal is consistently seen in the headlines which later on led to an alarming case where the foreign nationals who were claiming to be from China defaced a Philippine website specifically the website of the University of the Philippines.

(Photo retrieved on May 4, 2012 from the website http://mytelevision-series.blogspot.com/2012/04/chinese-hackers-deface-philippine.html)

As stated in a news article from Yahoo! News, “A screenshot of the defaced website showed a map with Chinese script that highlighted islands in the South China Sea that are claimed by the Philippines and China.” (Retrieved from http://news.yahoo.com/chinese-hackers-deface-philippine-website-132340683.html)

The caption written in the map as shown in the photo is "We come from China! Huangyan Island is Ours”. Huangyan Island in this case pertains to the Scarborough Shoal as it is the Chinese name of the disputed territory. This is where vessels from China and from Philippines are stationed to assert their claim over the area and neither of the two shows any implications of giving way to the other country.

The act done by the foreign nationals is obviously qualified as HACKING. Under Section 33-a of Republic Act No. 8792 or the “Electronic Commerce Act of 2000”, hacking is defined as:

“(a) Hacking or crackling with refers to unauthorized access into or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic documents…”(R.A. No. 8792)

Moreover, under our law, hacking is punishable by a “minimum fine of One Hundred Thousand pesos (P 100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years” (R.A. No. 8792). That is the case if it was committed by a Filipino or citizen of the country since the law has territorial jurisdiction and jurisdiction over the person. Therefore, they can be liable and punished under our law. The problem now is what if hacking was committed by a foreign citizen? How will you make them liable? OR can they be liable? Obviously, Philippines cannot make the foreign citizens liable since our country does not have jurisdiction over the person of the accused. Only nationals in the Philippines will be bound by the law on hacking since the concept of territorial jurisdiction will apply. This is the first thing that the foreign citizens can question if Philippines would want to make them liable. Besides, we do not have any treaty with China regarding this matter (cyber attack/hacking) and therefore, we cannot just sue their nationals right away just because they are suspected of hacking our website. Another point is that the line “We come from China” does not automatically mean that they are Chinese nationals. How sure are we? Do we have sufficient evidence to prove that they are guilty? Anyone can do it and pretend that they are from China.

            If only we have better and stronger laws that will apply not only within our territorial jurisdiction and nationals but even to nationals of other country wherein they can be held liable as long as it involves our country, hackers can be punished and be given what is just. But then again, identifying who really the hackers will be a difficult task. Moreover, a more defined treaty or convention where most (if not all) of the states are signatories will be a good step towards a better fight against there cyber attacks. Again, to reiterate my stand, I believe that the foreign citizens cannot be held liable under the Philippine Law. 

School Policy vs. Cardinal Right

For the past few days, I have been seeing a lot of my twitter friends reacting on this certain issue of a 16-year-old high school girl who won’t be allowed to attend her graduation ceremony for posing in a bikini and posting the photo in her Facebook account. According to several news, St. Theresa's College High School imposed such punishment for violating provisions in the school's Student Handbook which includes a rule against “posing and uploading pictures on the Internet that entail ample body exposure”. 

“STC is a Catholic school governed by the teachings of the Catholic Church. We have to see to it that values are formed,” Lawyer Romeo Balili, counsel for STC told reporters after the hearing. Moreover, Balili said the private school is just doing what is right in disciplining its students. (Mayol, A.V., Cebu Daily News, March 28, 2012, http://newsinfo.inquirer.net/168441/high-school-girl-banned-from-graduation-over-facebook-bikini-photo)

Now, the issue is “Whether the punishment imposed by the school is valid and just?”

Though a school has the power to supervise, control and to make sure that each and every student in the campus complies with the school rules, I believe that it is not applicable in this case. First and foremost, the high school girl’s photo in bikini was taken during an outing and NOT a school activity. This simply means that it is not within the jurisdiction of the school. Second point, wearing a bikini doesn’t automatically mean that it is immoral, indecent, obscene or lewd. If the school is equating such photo to immorality, then does it also mean that those who wear bikini in beaches is immoral? Indecent? Don’t you think that it’s a bit exaggerated? As defined under the Merriam Webster Dictionary, IMMORAL means “conflicting with generally or traditionally held moral principles” and INDECENT means “grossly improper or offensive; inappropriate”. Now, given these definitions, it seems to me that the school is saying that posting a photo in bikini is conflicting with the generally held moral principles. Is it? And that it is grossly improper or inappropriate. Again, is it? Is wearing a bikini in a beach or resort improper? If that’s the case, then I guess everyone should wear a “Baro’t Saya” in beaches/resorts so that it would not be immoral and indecent. Wouldn’t they look so stupid? Third point, should a school policy prevail over a person’s cardinal right? Our 1987 Constitution, Article 3 (Bill of Rights) Section 4 to be specific, clearly and strictly prohibits the abridging of the people’s right to freedom of expression, speech and of the press. If the school’s policy would prevail over this provision in our Constitution, does it mean that a school rule is supreme than our law? If that is the case, then the essence of the 1987 Constitution as being the supreme law of the land would be futile.

Personally, I believe that the punishment imposed by the school is not valid and unjust. This is clearly tantamount to a violation of a person’s cardinal right which is protected under the Constitution. Ergo, the punishment imposed by STC is too harsh. Besides, the high school girl has her freedom of expression and that is by wearing a bikini in a family-related outing. Who are we to abridge her fundamental right? Every action must be justified and supported with legal basis so that we can easily defend such action if questioned by anyone. 

Mr. Sonza vs. Kris Aquino

Last Friday, tropical storm “Sendong” (its international name is “Washi”) caused heavy rains in Mindanao overnight which triggered flashfloods that led to the tragic experience of Cagayan de Oro City, Iligan City, and parts of Zamboanga del Norte where many people were killed and some are still missing until now, not knowing if those missing are still alive or dead. 

Kris Aquino have this daily show of hers known as "KrisTV" and there, she gave her comment, as well as her sisters, to the negative comments or the outcry of the populace regarding PNoy's recent activities despite the fact that his fellow countrymen a.k.a. "HIS BOSS" are suffering because of the tragedy. In response to Kris Aquino's statement, Mr. Jay Sonza wrote his comment entitled "Iparating Ito Kay Kris Aquino" which was posted in his facebook account. You will find Mr. Sonza's comment below.

"Ngayon, 'yun namang party ay matagal nang naka-schedule 'yon. Siyempre, may mga masasamang nangyayari at may malungkot but then, life should go on. Hindi naman pwedeng huminto na lang ang buhay at magmukmok na lang tayo.”

This is what Kris Aquino told the nation Monday morning on her television program.

Bakit, Kris? Bakit?

When your mother died, every single Filipino stopped whatever he or she was doing at that time, and paid homage to her! 

Pang Pnoy, masama bang makipaglamay ka sa amin?

Millions of Filipinos stood in line to view her. Millions waited hours along Luneta, Roxas Boulevard, Quirino Avenue, South Superhighway, South Expressway and Sucat Road to pay their last respects,

Now, your brother is President and he cannot even spend a few minutes attending to relief and avacuation operations in Cagayan de Oro City, Iligan City, Negros Oriental, Compostela Valley and other affected areas?

Kris, daan-daang katao ang namatay Kris. Libo pa ang bilang ng mga nawawala. Ari-arian at tanging yaman ang nasalanta. Fathers and their kids, mothers and their babies, whole generations were wiped out. The entire Cagayan de Oro was almost transformed into a wasteland and you will tell us that ”life should go on...and it will not be good if our lives stop for a while and for us to mourn?”

We mourn for your father, Kris. We vowed to sacrifice our lives for your father get justice. Many of our colleagues were jailed, others are still missing to date.  

Our lives stopped when your father and mother died.

Don’t you ever tell us, us, the Filipino people that we will not mourn our fellow Filipinos, especially the Mindanaoans who died during this typhoon.

We are not like you, who do not care. 

We care for fellow Filipinos, poor ones, who became victims.

More than a thousand lost their lives because of the ingratitude and the ineptitude of their leaders!

Thousands more lost their futures because of the callousness of the leaders like your brother, Kris.

                                A mere apology would have sufficed.

Revising the Juvenile Justice & Welfare Act

It's almost and still I can't sleep. While looking for a good show to watch, a commercial was shown and it's about a debate on the proposed revision on the Juvenile Justice Act. The question goes this way.......

"Payag ka bang ibaba ang edad for criminal liability?"

(Photo from http://leytesamardaily.net/2010/12/ra-9344-the-need-for-review/)

I decided to watch the debate since am interested to hear the arguments of both sides. The debate was really good kaya lang there are some instances when the anti-people are just too inconsiderate. Bakit hindi muna hayaan na makatapos ng sinsabi yung nasa kabilang side dahil bibigyan din naman sila ng time para mag-argue. AND the madam from CHR? Parang galit na galit na si madam. Come on! It's a debate. Don't take it personally against your opponent. 

My cousin asked me if am "pro" or "anti" on the proposed revision. Sa totoo lang? Hati kasi eh. Payag ako na babaan nila ang edad ng criminal liability BUT in offenses which are punishable by prision correccional (six months and one day to six years) and above. There was even this someone who gave the argument that "a 12yr old child who committed the crime of theft acted w/o discernment". Come on! Hindi tanga ang mga kabataan ngayon! Impossible namang hindi alam ng isang bata na mali ang magnakaw, manaksak at pumatay! Furthermore, a lady presented a statistics regarding the percent of adults vs. children who are recorded to have committed a crime. Of course konti lang ang marerecord na krimen na bata ang gumawa simply because it's very illogical to do so. Why waste your money in filing a case against the child when in fact he will not be convicted on the ground of minority?

Kahit ano pang maging resulta, may it be for the benefit of the public and of course which is deemed best for the children so they won't be influenced to commit crimes (may it be a light offense or not).  Ikaw, payag ka ba na ibaba ang criminal liability?

Happy Teachers' Day!

Just like what DepEd said, September is Teacher's Month and it is just right to thank our 

beloved educators for everything.

I simply want to thank all my teachers, from kinder up to now. I know I am not a perfect student, I may not be the best in class but I know deep in my heart that I've learned so much from my teachers. Thank you for sharing your knowledge and for having the patience to deal with your students (just like me). Not to mention the fact that I'm a spoiled brat way back in elementary and HS (I just did). Haha! Moreover, I would like to thank you for teaching me a lot of things, academically and morally. I may not be where I am now without you, teacher. 

Thank you for teaching me how to deal with life and for encouraging me to aim higher and fulfill my dreams. Again, thank you to my teachers for touching my mind, as well as my heart. Happy Teachers' Month!

You may be able to teach me everything that is written in the book but am more thankful because you taught me how to be "ME" - the real me. Para kayong campaign ad ni Noynoy kasi tinuruan nyo ako kung pano pumunta sa tuwid na daan. Haha! Nah... Seriously, you are really amazing. Imagine spending how many hours teaching? And you actually know how to handle every situations involving your naughty students. 

There are a lot of things that I am thankful but I guess if I'll enumerate those, I might end up writing a book. Haha! Again, Happy Teachers' Day! Kudos to all the teachers! ;)

To my Elementary & HS Alma Mater (Jesus Good Shepherd School) and College Alma Mater (St. Scho Manila), thank you for making me a better person. That in all things, God may be glorified! :)