Thursday, May 31, 2007
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Pooped...

Ah, the travails of a single dad...

1. Report to consultancy, with children in tow...

2. Buy children their school stuff

3. Eat

4. Meet a client

5. Buy some more school stuff

6. Take children to vet, I mean, doctor for pre-school check-up

7. Breathe sigh of relief when doctor says they're fine and/or they still don't need shots

8. Buy groceries

9. Go home and tend to them because the nanny went back to the province to prepare her children for school...

10. Continue to tend to them...

Fortunately, I got my dad to help me with some of the above-stated chores. What a gender role-reversal!

Tomorrow, I have some backlog paperwork to do. Fortunately, I get to do them at home.

And now to rest.

So now, another clarinet video (you must be getting tired of it already, sorry).




Wednesday, May 30, 2007
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Dangerous Blogging Mentalities

First off, let me put out a disclaimer. This is merely my opinion only. You may agree or disagree with me. You may argue with me or try to convince me otherwise, you're pretty much welcome to it. I may even be convinced, no problem. That's what blogging is about. And that's what I love about it.

I'm becoming increasingly afraid of the direction blogging is going. As you have known, I entered into the world of blogging (I really hate the word "blogosphere," sorry) for personal reasons and a chance to practice my writing. But some, have other intentions. You notice the symptoms:

1. The "keyword" mentality

Yes, I know a lot of people do make their living off blogging (and living well, if I may add, judging from the toys they have acquired) and I do not want to deprive them of their means to feed their family, or to buy their toys.

But do you really have to sacrifice valid, credible and quotable content for the sake of sneaking in those crucial SEO keywords you would get from Google Zeitgeist? Sound too much of a compromise to me.

Sorry, I still believe that while you may get hits for "keyword blogging," credible, readable and entertaining content will maintain those hits, and maintain the revenue stream. (And for me personally, the revenue is secondary, maybe because I still have a day job).

2. The MLM mentality

For those of your who do not know, "MLM" stands for multi-level marketing.

I feel that the Philippine Blogging Scene has shades of this. The first one to bring in the concept of links gets to be on the top of the pyramid and all blogs here funnel all their links to it, and a piece of all the revenue from all the blog's "downlines."

There's really nothing wrong with this, really. But again, it does not matter what kind of blog that top one is. The search engines simply judge this an "important" blog and hence puts it on the top of the food chain. And that's wrong on multiple levels.

3. The "clique" mentality

I've met a lot of these people, both online and offline (never mind their names because I may hurt their "feelings," but then again, I think they don't care anyway). Does not matter what kind of blogger we are when we meet them, they're simply snooty and elitist (for me, the ones I hate the most, well not the most, at least they're snooty and elitist up front. It's the "plastics" that I hate the most).

But we exist and you owe some of your revenue from us little guys. You are on the top of the foodchain because of the links we give you.

So give at least the time of day and not treat us as organisms lower that paramecia. Like it or not, you owe us.

But make no mistake, I met a lot of wonderful, friendly and credible people behind the blogs and I still welcome the chance to meet all kinds of people I meet on the net. I'm not referring to them, of course.

4. The "journalist" mentality

Yes, I know bloggers are getting more and more respect and are increasingly shaping public opinion. But I tend to agree with Adel Gabot on this one (read the latest Mobile Philippines issue). Bloggers are not journalists. And blogs are not columns or print articles. We have to know our place.

Yes, I know the old "anti-journalist" argument of bloggers of being beholden to the higher ups or higher interests. But just the same, I don't believe anything I find on the net. And so should you.

Well, that's it. Again, feel free to disagree. But discussions are always helpful.

Tuesday, May 29, 2007
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All for show...

I have a strong hunch that the KAMPI challenge to JDV's bid for House Speaker is just for show.

Did you know that the loosing candidate for the speakership is traditionally (or automatically) elected as Minority Floor Leader?

So it's a way for the administration to get both sides of the 14th Congress for a possible anti-impeachment strategy. But talking to yourself is not only undemocratic, it's also a sign of insanity.

These strategists/scenario builders must really be paid big bucks. And they must be stopped.

Oh, well. Let's see how this will all play out.

Health Reasons

Hmmmm, COMELEC Commissioner Rene Sarmiento resigned as head of the Task Force that investigates the Maguindanao election anomaly... due to health reasons...

Health reasons... could not control his vomiting, I surmise...


Monday, May 28, 2007
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Hectic...

On top of going to the wake everyday until the funeral on Wednesday, I have regular work. And it's full-time work at that, including my consultancies...

Then, I just checked my planner only to discover I do have a hearing tomorrow...

Hence, I need some shut-eye... So can I play you a video instead? The difference between "slurring" and "tounging."




Sunday, May 27, 2007
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Tragic

It's as if my aunt waited for my dad to arrive at the hospital before going...

Only a few minutes after arriving, my aunt flatlined... They tried to revive her for another 50 minutes, which was longer than usual.

But we know it was time. All my cousins could do is sing to her and send her off. And in a sense, I'm glad we got to see her before she went...

I did not have time to blog yesterday because of the hectic schedule I had. I even had to work half a day after the tragic scene.

Now we're all here in a funeral chapel inside a cemetery. I just finished pairing Scarlett with my celphone so I could be online. The rates are cheap, though.

I'll go online a little later because my 30 minutes are almost up. In any case enjoy the rest of your week. There's still a full load of work tomorrow.

Saturday, May 26, 2007
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Scarlett, further upgraded

With some of my earnings in hand, I found myself in Ynzal yesterday upgrading Scarlett's hard drive from 60Gb to 120Gb. I had originally wanted the 200 Gb upgrade (so she would be at par with the new MacBooks, even only in hard drive capacity and not in terms of processor and RAM), but they apparently sold their stocks of 200Gb and 160 Gb drives.

As a consolation (since I wanted to bolt out the door and just wait for their stocks to arrive), they offered me the 120Gb for the price of the 100Gb. With the savings, I got a 2.5" HD ultra-portable enclosure for Scarlett's original 60Gb drive. So, it was not that bad... a total of 180Gb capacity on the go.

They took a long time to migrate my contents and it was not perfect. When I took Scarlett for a test drive, there were a lot of problems, worst of these being Safari and Quicktime not launching at all. Fortunately, I discovered that they reverted my OS X version to 10.4.6 which I suspected was the cause (since I was already using 10.4.9).

That fixed the problem but it took a few hours of downloading and installing the updates, as the consolidated 10.4.9 upgrade was more than 300Mb. I think I downloaded about half a gig of upgrades that took a few hours.

Then, I migrated my Windows XP and Ubuntu Linux virtual drives (via Parallels Desktop) to the internal drive, which was my chief reason for upgrading the drive. And true enough, the performance gains were significant (than running off XP and Ubuntu on an external USB 2.0 drive). Running this new set up showed me the true power of the two cores (and the memory upgrade I did last year).

But all of these took time and I still have a lot of work to do. I'm already exhausted for the day so I'll just take a short nap now and wake up early morning to meet my deadline for this day.

On top of that, an impending family tragedy (my aunt, my father's older sister, is on her last legs...) will take us to the hospital this morning, then off a meeting that afternoon. Because of this, I have to skip my Saturday session (which I particularly hate because it's brass week, and I would like to show off my "newly acquired" clarinet skills). But hopefully, I can make it to choir tonight.

On Sunday, it will be more work because we have a Monday deadline...

Oh well... a happy weekend to you all nonetheless... mine will be hectic, at the very least...

Friday, May 25, 2007
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Predictable

As predicted, Jordin Sparks won over Blake over at American Idol 6.

It reminds me AI4 where Bo Bice was the better singer (who could forget his a capela original song?) but was set up at the finale by forcing him to sing the signature song which was not in his comfort zone. Since that song (was it Angels Brought Me Here, or something like that) was better suited for Carrie Underwood, she naturally came out the winner of that battle.

Anyway, they chose a better winner than last year. My bet then was Katharine McPhee but they chose Taylor Hicks, who turned out to be a commercial flop (Daughtry, a reject, was the biggest hit last year, which is a real slap at Taylor's face).

Then, Simon said he's quitting after AI10. They better find a suitable replacement for him (like his own nominee, Donald Trump) because there may not be an AI11 when he's gone.

Anyway, I'll leave you again with another clarinet selection, this time on the clarinet's range. It will also give you an ideal how beautiful this instrument sounds. Sorry for being off-topic...


Thursday, May 24, 2007
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Clarinet Assembly

Of course you know by now I've just started on the clarinet. Actually, I'm getting there considering it's just my second day. I'm starting to understand the fingering (which I'm not used to) but I can already play some tunes...

So here's a video on how to assemble a clarinet, if you care...



Wednesday, May 23, 2007
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Substitute "American" with "Philippine"

Just discovered "The Resident" on YouTube:

Check this out:



And she's cute, too!

Cute with something to say... a deadly combination for me...

Tuesday, May 22, 2007
This day in history from:

Clarinet instead

I was planning to reward myself for the hard work I did last week with a PS3, but what I earned is not enough for it...

So I ended up getting a cheap clarinet for a small fraction of my original plan... and some saxophone sundries...

It's a way harder instrument to play because the fingering is not similar to the flute or the saxophone. And the blowing needs a little more finesse.

But is sounds so mellow and with a little practice, I can actually play this instrument in church (unlike the saxophones).

So let's see. I think I've acquired enough instruments to learn for my lifetime. So wish me luck in mastering all of them...

Monday, May 21, 2007
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Regular Programming

Much as I would like to say something about poll automation, I couldn't because a lot of people are against it. I wonder why...

Anyway, it was back to regular work over at my government consultancy. I also have some mainstream work coming up this week. Though I still have some crucial election work, it's already at the tail end...

As a final note the elections, I really hope we do wise up next time... But to put it in a perspective, it took the United States about 400 years to wisen up... and yet look at how they're handling their status as the lone superpower...


Sunday, May 20, 2007
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Curing Vote-Buying

More than ever, vote buying was the strategy of choice this past elections. This is understandable because the offices at stake (or for sale, as appropriate) were local positions. Vote buying is difficult, expensive and inefficient on a national scale.

Besides, the candidates were seeking the votes of their community. Presumably, they are more in touch with constituents than the senatorial candidates.

But more prevalent this elections was "negative vote-buying." And this one is particularly insidious. A voter would be severely tempted not to vote because he will not have to go through the hassle of commuting to and from the polling place, and waiting in line, and yet he still gets paid. The low voter turn-out this elections readily shows this was used by the cheaters this time around.

I have been racking my brains how to cure vote-buying. These are the things that come to mind:

1. Strictly enforce the voter's purge. I understand that the rule is a person who does not vote in two consecutive elections will be stricken off the list and has to re-register. With the prevalence of negative vote-buying this elections, I'm tempted to reduce this requirement to one: miss one election, you get purged. That way, a voter would not be as tempted to sell his right to vote (as he will not have anything to sell come next elections).

2. Voter education. The perils of voter irresponsibility should be adequately explained to the public. This should be the thrust of the COMELEC's work during off-season.

3. Voter vigilance. Watchdog organizations should likewise exercise vigilance in the days before actual elections, not just election day onwards. Vote-buying usually occurs during the night before elections.

But then again, we really cannot stop people from selling out because of poverty. But it should be an informed and voluntary choice. People should be taught of the consequences and the evils of selling one's vote, or else, they will learn it the hard way (like what it happening now...).

Saturday, May 19, 2007
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How the Cheaters Won

Because of my election work in 1996, 1998, 2004 and this year, I guess I can properly call myself an election lawyer.

First off, you cannot call yourself an election lawyer if you handled only winning candidates. As a matter of fact, the more losing candidates you handled, the more experience you acquire. You cannot call yourself an election lawyer if you appear in canvassing proceedings without conflict, or with a smooth sailing proceedings.

It is the conflict, the instances of cheating, the challenges and how a lawyer troubleshoots and overcomes these challenges that makes an ordinary lawyer an election lawyer.

Don't get me wrong, I am not saying these things because I only represented lost causes. I say these because I have represented all cases through the years, winners and losers alike. My biggest winner was even the an uncheatable candidate who won the highest position in the land (but I digress...).

Anyway, comparing the 2004 and 2007 elections, the techniques used to cheat the will of the people have remained the same. Of course, it all boils down to money. Of course, most cheaters employed these techniques in combination, depending on the situation. But specifically the strategies used are:

1. Reducing opponent's votes. For this, cheaters use a variety of techniques such as negative vote-buying (paying off people not to vote for their candidate, and using indelible ink to guarantee it), voter disenfranchisement, threats and intimidation

2. Increasing own votes. For this, cheaters pad the voter's list with known supporters, stuff the ballot box or ever pre-fill the election returns.

3. Dagdag-bawas (Increase-Decrease) Operations. Cheaters deliberately manipulate the figures when lifting them from election returns to the certificates of canvass. For example, add "1 " behind a "10,000" will give you "100,001" but add 1 in front, you get "110,000" for even more gain. They can likewise add a small stroke to "1" to make it "7," or turn a "3" into an "8" by just adding strokes.

Mind boggling...

But a glimmer of hope shone when due to vigilance, a Catholic priest who just campaigned for 45 days bested two seasoned politicians to bag the governorship of Pampanga...

That's the lesson for next elections... eternal vigilance...and probably automation...

Anyway, have a happy weekend. I'm still working...

Friday, May 18, 2007
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Not yet over

Came home relatively early this morning (coming home at midnight was already a bonus), but there's still a lot of work left to be done. I even got to video chat with a friend who's studying in the Netherlands.

Good thing I won't go back out there and will just probably spend the entire day over at a friend's law office coordinating our client's efforts.

Bad news, though: I missed the family outing today at Subic. They're all on their way there now and I'm home alone and I'm beginning to miss my kids this past week. I haven't been around as much as I want because of work.

I hope I can rest tomorrow... and do choir...

Anyway, let me leave you with my last song syndrome this past week. This song stuck too much in my mind I find myself singing it in my travels to the provinces. Just goes to show how effective this was. But this does not necessarily mean I voted for him (though I'm not denying that either). Elections are over so I can already post this.

Enjoy your weekend!



Thursday, May 17, 2007
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Work Hangover

Just came home at 4:00 a.m. from election related work from a nearby province. Problem is, we're not paid yet.

People are playing up a our work during elections as some sort of a financial windfall season for us. That's not entirely true. It only holds true for the real election specialists, the ones that actually do this type of work exclusively, or the big firms that can field their associates on the field. They command the extremely high fees and get paid up front.

For us two-bit lawyers, it's a different story. We have to contend with low fees (believe it or not), long hours and even the very real possibility of not getting paid. You see, candidates have this habit of getting selective amnesia, especially when they lose. And hence, we have a hard time collecting our hard-earned and well-deserved pay. And if you have been following my entries this week, there was even the distinct possibility of not getting work at all.

So don't go into a frenzy for us during election season. It's likewise thankless, bone-tiring work for uncertain pay. And we also don't get to pull any favors from our candidate-clients because we're are merely hired guns. They owe us nothing but our professional fees (which they forget to pay sometimes, deliberately or not).

Wednesday, May 16, 2007
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Wedding Anniversary

Some 43 years ago, a young architect/contractor married a public schoolteacher in a church in Manila and had their reception at a swanky place in its heyday called the Jai-Alai Club at Taft Avenue.

That union resulted in two children, the eldest, a homemaker that used to be in a behavioral science career in some of the biggest labor-intensive establishments in the country and this blogger.

This union has never failed to provide their children with all their needs and wants. That union has fed us, clothed us and sent us to the best schools and I hope, raised these offspring successfully.

As a matter of fact it is still providing us and my own family a roof over our heads and the beds we sleep on...

Of course, there will be the traditional dinner today, which I might not be able to attend because of some more work I have to do. But I think we could leave that election station early enough to make it...

So Happy 43rd Wedding Anniversary, Mommy and Daddy! Only seven more years to the golden one!

Tuesday, May 15, 2007
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Read your law, bully!

I'm appalled (again) by this little mayor running his small fiefdom flexing his puny muscles against a poor, hapless and defenseless poll watcher merely there to do her job for a few lousy bucks.

Apparently, he claims that a shirt worn by the watcher with the name of the political party (an opposing party) in polling places constitutes illegal campaigning (or electioneering during a prohibited period), and then promptly made a "citizen's arrest"

This little bully even threated to "arrest" a person trying to argue that it was not electioneering, then insinuating this defender's ignorance of the law. "Read your law, baby!" this bully jeered.

Well, I have been reading my law and it defines campaigning (or election campaign or a partisan political activity) as an act designed to promote the election or defeat of a particular candidate or candidates to a public office (Section 79, Omnibus Election Code).

And indeed, Section 261 (k) of the same law defines unlawful electioneering as soliciting votes or undertaking any propaganda on the day of registration before the board of election inspectors and on the day of election, for or against any candidate or any political party within the polling place and with a radius of thirty meters thereof.

As I have been reading these laws, wearing a shirt with the name of the political party in the polling place cannot be considered unlawful electioneering because it does not solicit or invoke the recall of any particular candidate. Further, that political party is not a party list candidate. The party is not running for a particular office so wearing that party's name in a shirt cannot be electioneering.

So right back at you, bully!

Also, the COMELEC Law Department will determine if that poor watcher will be prosecuted for an election offense and not your city prosecutors... So you can kiss putting her in jail goodbye and you may face another administrative case the very first day you assume office...


Monday, May 14, 2007
This day in history from:

Gearing up...

So I finally have an election job today. And we met last night, well into today (I just got back now).

It's so hard to lawyer for candidates whose odds of winning are slim. But at least, this time, I know what we have to work with.

Untrained poll watchers, lack of funds and resources, and a juggernaut opponent, using every little trick in the book. At least we know what we have and what we're up against unlike the last election job I had (far, far away... before I even started blogging) where we did not know what hit us.

Anyway, wish us luck today. I think we will need a lot of it... I'll report to their HQ right after I vote...

I almost forgot. I still don't know who I'm voting for yet... have to think about it now.

Again, please vote wisely. It may be our country's only hope.

If the HQ has internet access, I will try to live-blog from there. But I'm guessing there's none...

Sunday, May 13, 2007
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Possible Repeal

Let's see if tomorrow, a time-honored saying will be repealed.

What's this saying?

"Cheaters never win."

Saturday, May 12, 2007
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Endorsement

No, I'm not here to tell you who I'm voting for in the hope of convincing you to agree with me. To tell you the truth, I have not even decided who I will vote for since it's just becoming apparent now that I will have time to vote on Monday. Heck, in a worse-case scenario, I will have a lot of extra time come elections, though regrettably, with less money, which is also not good for me...

The people that know me know that I'm not that kind of person. I'm not in the habit of proselytizing because I believe you can decide for yourselves who you want to vote for.

What I do want to say, however, is to care about this coming elections. The machinery has been set in motion to defeat your vote, your last right in this country by money. Please don't allow your vote to be a useless vote.

By all means, cast your vote and vote wisely. But do not end there. Be vigilant. And care.

iDVD and other regrets

In an effort to preserve the pictures I have taken, I decided to take a friend's advise and use iDVD instead of just burning the files into a DVD. With that strategy, I can put the pictures and videos in presentable form, playable in any standard DVD player.

While it sounded like a good idea, I think I'm regretting it because I started the burn process at around 11:00 a.m. and it's not yet finished as I type this blog entry. Arrrrgh!

Moving on to another regret, I think I'm going to regret my decision to skip my choir service over at the EDSA Shrine today. From the messageboards, it is readily apparent that not only did Mr. Norman Agatep attend the mass, but also other Bukas Palad members as well. I chose not to attend due to the election work I have been doing, that likewise appears to be for naught, as we are not even sure we will have any work come election day... work that I desperately need for pure financial considerations...

Oh well. We all have our regrets... Have a nice weekend anyway. And please vote wisely...please?

Friday, May 11, 2007
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Advance Mother's Day Greetings!

I thought now's the time to sneak this post in since my impending election work may take me away from the net during the day itself.

You see, Bea is fond of leaving me notes she slips under the door of my room. I think she loves the write (Duh?!?) and I do hope she would become a better writer that I am.

Anyway, one of the best letters I got from Bea is this one (even took the time to scan it):

Let me translate this for you:

Dear Daddy,

Thank you for being Mommy and Daddy to Nico and I. This shows how much you love us and thank you for your sacrifice.

Love,
Bea


I have to admit, that letter choked me up when I got it. If you're not Filipino, you would know how much impact this letter has untranslated.

And with this letter, you've got to admit, Mother's Day is my day, too.

Happy Mother's Day to all the deserving mothers! And to you too, my ever dearest Mother. The same letter Bea wrote to me could apply to her.

Except, of course, the being both mother and father bit.

Thursday, May 10, 2007
This day in history from:

Precinct Finder

As a public service, and to beat the rush, please check your name with the COMELEC Precinct Finder so you would not have problems come election day. Enter the pertinent personal data and it will tell you if you survived the registration purge and what precinct you will be voting.

Click here if you're lazy.

Thanks to Arbet for the heads-up... even though it appears he cannot vote...

Another public service from The Punzi's Corner Blog...

Blog Lecture No. 75: Election Offenses (Part II: Vote Buying)

Let's tackle one of the most obvious election offense: Vote Buying.

How does our election law define vote buying and vote selling?

1. Any person who gives, offers or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party.

2. Any person, association, corporation, group or community who solicits or receives, directly or indirectly, any expenditure or promise of any office or employment, public or private, for any of the foregoing considerations.
Who are liable?

Those who buy votes and those who sell them.

And it is not limited to persons. It also covers associations, groups, corporations or communities who does the same act.

What are the elements of the offense?

You remember in any contract there are the three elements. Here, it's similar:

1. Subject -- the actors, the buyer and the seller (as stated above)

2. Object -- the vote (for or against a particular candidate or party list; or in the case of "negative vote buying/selling" not to vote at all)

3. Consideration -- the "payment" to vote (or not to vote as the case maybe)

This is not limited to actual payment. Even a promise of payment is sufficient.

Payment is likewise not limited to money. It includes anything of value, including employment, franchises, grants or even to shoulder an expenditure for the vote seller.

What are the consequences of this offense?

Aside from being an election offense that carries criminal sanctions, it can be used to disqualify the candidate...

Wednesday, May 09, 2007
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Incompetence

Personally, I'm appalled when the COMELEC admitted it cannot do anything to curb election violence (particularly in Abra). It's as if my respect for these guys could not go any lower...

Amid the allegations of the COMELEC at the forefront of poll fraud, it now adds incompetence to its list of sins.

There's an easy way to enforce the law there or anywhere. Serve up justice quickly to deprive these erring candidates their heart's desire for the season-- to get elected, of course. It's a simple matter of investigating, prosecuting and disqualifying these people quickly, instead of concentrating on the other enterprising endeavors...

Chalk up another reason not to vote... but then again, I'm not saying you should not vote because everything has to start somewhere.

"The price of freedom is eternal vigilance."
-Thomas Jefferson

Tuesday, May 08, 2007
This day in history from:

Sophisticated

Alas, this is how sophisticated Philippine politics has become...



Just thinking out aloud. If the one who made this advertisement cannot be identified, the one that published (or showed it, meaning the TV station that aired it) will be liable if this is found to be libelous.

But I recognize those tired guitar licks anywhere... that guy can't even sell his guitars let alone play them...

Validation

Seems like none other than former Commissioner Christian Monsod agreed with my wild theory on political killings... as I watched him being interviewed in a late-night news program.

Loss of confidence in the electoral system has left some candidates to seek other ways to win, including killing off the opponent...

I'll try to find the link to this, if it becomes available...

Monday, May 07, 2007
This day in history from:

Hunter-Gatherer

First off, I like to show you my TV Blogging set-up... Below is a picture of my 80Gb ViPod in a Bose Sound Dock, my new 32" LCD TV connected to Scarlett and the wireless keyboard and mouse. Making a cameo are my new air cooler and my two saxophones... and my PS2 with wireless controllers also connected to the TV by component cables (I'm getting 720p resolution in new games like God of War 2)... plus the home theater that came with the TV...


Is that cool or what? And LCD TV photographs so well compared to a CRT TV, you can actually make out my blog entry if you click the image above...

Anyway, while I do work at home, I have to go out to find the work in the first place. I think this has been the way of people since we became homo sapiens... The man hunts and gathers the livelihood of the family while the woman tends to the home. Of course, in our case, I hunt and gather outside and also tend to the house (at least to a certain extent).

That has not rung more true today that any other day. Since I'm suffering from a huge financial deficit resulting from an unanticipated expense (hint: the education system should be revised NOW), I had to go out to find something to augment or address this dire need.

Fortunately, elections are coming and I think we have found where we'll be at the time. Technically, with the job I have to do during election time depriving me of the chance to vote on May 14, I have sold out. But at least I sold it for WAY more than the others have... (by all means worth MORE than a sack of rice or a few boxes of canned sardines others have sold their vote for...)

Sunday, May 06, 2007
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Attention Hog

Just about had it with this attention hog...

She knows that she's hogging attention away from national issues with each and every aspect of her life. Well, boohoo! It's not as if her problems are extraordinary. It's not as if she's the only one that had a "special" child out of wedlock or marital woes...

She should be responsible and patriotic enough to see what is happening and take it upon herself to call off this unproductive attention and help channel it to better, more productive national pursuits.

I know she's intelligent enough to see that... or has she forgotten what her college has pounded on her... to be a woman for others?

Saturday, May 05, 2007
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Blog Lecture No. 75: Election Offenses (Part I)

This will be split into parts because looking at the law, I now realize how many offenses can be committed during an election.

So let's start.

What are the election offenses/ prohibited acts related to elections?

Article 261 of the Omnibus Election Code states the following (and prepare for yourself, this will be long)...

Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense:

1. Vote-buying and vote-selling.

1. Any person who gives, offers or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party.

2. Any person, association, corporation, group or community who solicits or receives, directly or indirectly, any expenditure or promise of any office or employment, public or private, for any of the foregoing considerations.

2. Conspiracy to bribe voters. - Two or more persons, whether candidates or not, who come to an agreement concerning the commission of any violation of paragraph (a) of this section and decide to commit it.

3. Wagering upon result of election. - Any person who bets or wagers upon the outcome of, or any contingency connected with an election. Any money or thing of value or deposit of money or thing of value situated anywhere in the Philippines put as such bet or wager shall be forfeited to the government.

4. Coercion of subordinates.

1. Any public officer, or any officer of any public or private corporation or association, or any head, superior, or administrator of any religious organization, or any employer or land-owner who coerces or intimidates or compels, or in any manner influence, directly or indirectly, any of his subordinates or members or parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers, or lease holders to aid, campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates.

2. Any public officer or any officer of any commercial, industrial, agricultural, economic or social enterprise or public or private corporation or association, or any head, superior or administrator of any religious organization, or any employer or landowner who dismisses or threatens to dismiss, punishes or threatens to punish be reducing his salary, wage or compensation, or by demotion, transfer, suspension, separation, excommunication, ejectment, or causing him annoyance in the performance of his job or in his membership, any subordinate member or affiliate, parishioner, employee or house helper, tenant, overseer, farm helper, tiller, or lease holder, for disobeying or not complying with any of the acts ordered by the former to aid, campaign or vote for or against any candidate, or any aspirant for the nomination or selection of candidates.


5. Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion. - Any person who, directly or indirectly, threatens, intimidates or actually causes, inflicts or produces any violence, injury, punishment, damage, loss or disadvantage upon any person or persons or that of the immediate members of his family, his honor or property, or uses any fraudulent device or scheme to compel or induce the registration or refraining from registration of any voter, or the participation in a campaign or refraining or desistance from any campaign, or the casting of any vote or omission to vote, or any promise of such registration, campaign, vote, or omission therefrom.

6. Coercion of election officials and employees. - Any person who, directly or indirectly, threatens, intimidates, terrorizes or coerces any election official or employee in the performance of his election functions or duties.

7. Appointment of new employees, creation of new position, promotion, or giving salary increases. - During the period of forty-five days before a regular election and thirty days before a special election,

1. any head, official or appointing officer of a government office, agency or instrumentality, whether national or local, including government-owned or controlled corporations, who appoints or hires any new employee, whether provisional, temporary or casual, or creates and fills any new position, except upon prior authority of the Commission. The Commission shall not grant the authority sought unless, it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and that the position shall not be filled in a manner that may influence the election.

As an exception to the foregoing provisions, a new employee may be appointed in case of urgent need: Provided, however, That notice of the appointment shall be given to the Commission within three days from the date of the appointment. Any appointment or hiring in violation of this provision shall be null and void.


2. Any government official who promotes, or gives any increase of salary or remuneration or privilege to any government official or employee, including those in government-owned or controlled corporations.


8. Transfer of officers and employees in the civil service. - Any public official who makes or causes any transfer or detail whatever of any officer or employee in the civil service including public school teachers, within the election period except upon prior approval of the Commission.

9. Intervention of public officers and employees. - Any officer or employee in the civil service, except those holding political offices; any officer, employee, or member or the Armed Forces of the Philippines, or any police force, special forces, home defense forces, barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who, directly or indirectly, intervenes in any election campaign or engages in any partisan political activity, except to vote or to preserve public order, if he is a peace officer.

10. Undue influence. - It is unlawful for any person to promise any office or employment, public or private, or to make or offer to make an expenditure, directly or indirectly, or to cause an expenditure to be made to any person, association, corporation or entity, which may induce anyone or the public in general either to vote or withhold his vote, or to vote for or against any candidate in any election or any aspirant for the nomination or selection of an official candidate in a convention of a political party. It is likewise unlawful for any person, association, corporation or community, to solicit or receive, directly or indirectly, any expenditure or promise or any office, or employment, public or private, for any of the foregoing considerations.

11. Unlawful electioneering. - It is unlawful to solicit votes or undertake any propaganda on the day of registration before the board of election inspectors and on the day of election, for or against any candidate or any political party within the polling place and with a radius of thirty meters thereof.

12. Prohibition against dismissal of employees, laborers, or tenants. - No employee or laborer shall be dismissed, nor a tenant be ejected from his landholdings for refusing or failing to vote for any candidate of his employer or landowner. Any employee, laborer or tenant so dismissed or ejected shall be reinstated and the salary or wage of the employee or laborer, or the share of the harvest of the tenant, shall be restored to the aggrieved party upon application to the proper court.

13. Appointment or use of special policemen, special agents, confidential agents or the like. - During the campaign period, on the day before and on election day, any appointing authority who appoints or any person who utilizes the services of special policemen, special agents, confidential agents or persons performing similar functions; persons previously appointed as special policemen, special agents, confidential agents or persons performing similar functions who continue acting as such, and those who fail to turn over their firearms, uniforms, insignias and other badges of authority to the proper officer who issued the same.

At the start of the aforementioned period, the barangay chairman, municipal mayor, city mayor, provincial governor, or any appointing authority shall submit to the Commission a complete list of all special policemen, special agents, confidential agents or persons performing similar functions in the employ of their respective political subdivisions, with such particulars as the Commission may require.

14. Illegal release of prisoners before and after election. - The Director of the Bureau of Prisons, any provincial warden, the keeper of the jail or the person or persons required by law to keep prisoners in their custody who illegally orders or allows any prisoner detained in the national penitentiary, or the provincial, city or municipal jail to leave the premises thereof sixty days before and thirty days after the election. The municipal or city warden, the provincial warden, the keeper of the jail or the person or persons required by law to keep prisoners in their custody shall post in three conspicuous public places a list of the prisoners or detention prisoners under their care. Detention prisoners must be categorized as such.

15. Use of public funds, money deposited in trust, equipment, facilities owned or controlled by the government for an election campaign. - Any person who uses under any guise whatsoever, directly or indirectly, (1) public funds or money deposited with, or held in trust by, public financing institutions or by government offices, banks, or agencies; (2) any printing press, radio, or television station or audio-visual equipment operated by the Government or by its divisions, sub-divisions, agencies or instrumentalities, including government-owned or controlled corporations, or by the Armed Forces of the Philippines; or (3) any equipment, vehicle, facility, apparatus, or paraphernalia owned by the government or by its political subdivisions, agencies including government-owned or controlled corporations, or by the Armed Forces of the Philippines for any election campaign or for any partisan political activity.

16. Deadly weapons. - Any person who carries any deadly weapon in the polling place and within a radius of one hundred meters thereof during the days and hours fixed by law for the registration of voters in the polling place, voting, counting of votes, or preparation of the election returns. However, in cases of affray, turmoil, or disorder, any peace officer or public officer authorized by the Commission to supervise the election is entitled to carry firearms or any other weapon for the purpose of preserving order and enforcing the law.

17. Carrying firearms outside residence or place of business. - Any person who, although possessing a permit to carry firearms, carries any firearms outside his residence or place of business during the election period, unless authorized in writing by the Commission: Provided, That a motor vehicle, water or air craft shall not be considered a residence or place of business or extension hereof.

This prohibition shall not apply to cashiers and disbursing officers while in the performance of their duties or to persons who by nature of their official duties, profession, business or occupation habitually carry large sums of money or valuables.

18. Use of armored land, water or air craft. - Any person who uses during the campaign period, on the day before and on election day, any armored land, water or air craft, provided with any temporary or permanent equipment or any other device or contraption for the mounting or installation of cannons, machine guns and other similar high caliber firearms, including military type tanks, half trucks, scout trucks, armored trucks, of any make or model, whether new, reconditioned, rebuilt or remodelled: Provided, That banking or financial institutions and all business firms may use not more than two armored vehicles strictly for, and limited to, the purpose of transporting cash, gold bullion or other valuables in connection with their business from and to their place of business, upon previous authority of the Commission.

19. Wearing of uniforms and bearing arms. - During the campaign period, on the day before and on election day, any member of security or police organization of government agencies, commissions, councils, bureaus, offices, or government-owned or controlled corporations, or privately-owned or operated security, investigative, protective or intelligence agencies, who wears his uniform or uses his insignia, decorations or regalia, or bears arms outside the immediate vicinity of his place of work: Provided, That this prohibition shall not apply when said member is in pursuit of a person who has committed or is committing a crime in the premises he is guarding; or when escorting or providing security for the transport of payrolls, deposits, or other valuables; or when guarding the residence of private persons or when guarding private residences, buildings or offices: Provided, further, That in the last case prior written approval of the Commission shall be obtained. The Commission shall decide all applications for authority under this paragraph within fifteen days from the date of the filing of such application.

During the same period, and ending thirty days thereafter any member of the Armed Forces of the Philippines, special, forces, home defense forces, barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who wears his uniform or bears arms outside the camp, garrison or barracks to which he is assigned or detailed or outside their homes, in case of members of para-military units, unless:

1. the President of the Philippines shall have given previous authority therefor, and the Commission notified thereof in writing, or

2. the Commission authorizes him to do so, which authority it shall give only when necessary to assist it in maintaining free, orderly and honest elections, and only after notice and hearing. All personnel of the Armed Forces authorized by the President or the Commission to bear arms or wear their uniforms outside their camps and all police and peace officers shall bear their true name, rank and serial number, if any, stitched in block letters on a white background on the left breast of their uniform, in letters and numbers of a clearly legible design at least two centimeters tall, which shall at all times remain visible and uncovered.

During the election period, whenever the Commission finds it necessary for the promotion of free, orderly, honest and peaceful elections in a specific area, it shall confiscate or order the confiscation of firearms of any member or members of the Armed Forces of the Philippines, police forces, home defense forces, barangay self-defense units, and all other para-military units that now exist, or which may hereafter be organized, or any member or members of the security or police organization, government ministries, commissions, councils, bureaus, offices, instrumentalities, or government-owned or controlled corporations and other subsidiaries, or of any member or members of privately owned or operated security, investigative, protective or intelligence agencies performing identical or similar functions.


20. Policemen and provincial guards acting as bodyguards or security guards. - During the campaign period, on the day before and on election day, any member of the city or municipal police force, any provincial or sub-provincial guard, any member of the Armed Forces of the Philippines, special forces, home defense forces, barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who acts as bodyguard or security guard of any public official, candidate or any other person, and any of the latter who utilizes the services of the former as bodyguard or security guard: Provided, That, after due notice and hearing, when the life and security of a candidate is in jeopardy, the Commission is empowered to assign at the candidate's choice, any member of the Philippine Constabulary or the police force of any municipality within the province to act as his bodyguard or security guard in a number to be determined by the Commission but not to exceed three per candidate: Provided, however, That when the circumstances require immediate action, the Commission may issue a temporary order allowing the assignment of any member of the Philippine Constabulary or the local police force to act as bodyguard or security guard of the candidate, subject to confirmation or revocation.

21. Organization or maintenance of reaction forces, strike forces, or other similar forces. - Any person who organizes or maintains a reaction force, strike force or similar force during the election period.

The heads of all reaction forces, strike forces, or similar forces shall, not later than forty-five days before the election, submit to the Commission a complete list of all members thereof with such particulars as the Commission may require.

22. Prohibition against release, disbursement or expenditure of public funds. - Any public official or employee including barangay officials and those of government-owned or controlled corporations and their subsidiaries, who, during forty-five days before a regular election and thirty days before a special election, releases, disburses or expends any public funds for:

1. Any and all kinds of public works, except the following:

1. Maintenance of existing and/or completed public works project: Provided, That not more than the average number of laborers or employees already employed therein during the six-month period immediately prior to the beginning of the forty-five day period before election day shall be permitted to work during such time: Provided, further, That no additional laborers shall be employed for maintenance work within the said period of forty-five days;

2. Work undertaken by contract through public bidding held, or by negotiated contract awarded, before the forty-five day period before election: Provided, That work for the purpose of this section undertaken under the so-called "takay" or "paquiao" system shall not be considered as work by contract;

3. Payment for the usual cost of preparation for working drawings, specifications, bills of materials, estimates, and other procedures preparatory to actual construction including the purchase of materials and equipment, and all incidental expenses for wages of watchmen and other laborers employed for such work in the central office and field storehouses before the beginning of such period: Provided, That the number of such laborers shall not be increased over the number hired when the project or projects were commenced; and

4. Emergency work necessitated by the occurrence of a public calamity, but such work shall be limited to the restoration of the damaged facility.

No payment shall be made within five days before the date of election to laborers who have rendered services in projects or works except those falling under subparagraphs (a), (b), (c), and (d), of this paragraph.

This prohibition shall not apply to ongoing public works projects commenced before the campaign period or similar projects under foreign agreements. For purposes of this provision, it shall be the duty of the government officials or agencies concerned to report to the Commission the list of all such projects being undertaken by them.

2. The Ministry of Social Services and Development and any other office in other ministries of the government performing functions similar to said ministry, except for salaries of personnel, and for such other routine and normal expenses, and for such other expenses as the Commission may authorize after due notice and hearing. Should a calamity or disaster occur, all releases normally or usually coursed through the said ministries and offices of other ministries shall be turned over to, and administered and disbursed by, the Philippine National Red Cross, subject to the supervision of the Commission on Audit or its representatives, and no candidate or his or her spouse or member of his family within the second civil degree of affinity or consanguinity shall participate, directly or indirectly, in the distribution of any relief or other goods to the victims of the calamity or disaster; and

3. The Ministry of Human Settlements and any other office in any other ministry of the government performing functions similar to said ministry, except for salaries of personnel and for such other necessary administrative or other expenses as the Commission may authorize after due notice and hearing.


23. Prohibition against construction of public works, delivery of materials for public works and issuance of treasury warrants and similar devices. - During the period of forty-five days preceding a regular election and thirty days before a special election, any person who:

1. undertakes the construction of any public works, except for projects or works exempted in the preceding paragraph; or

2. issues, uses or avails of treasury warrants or any device undertaking future delivery of money, goods or other things of value chargeable against public funds.


24. Suspension of elective provincial, city, municipal or barangay officer. - The provisions of law to the contrary notwithstanding during the election period, any public official who suspends, without prior approval of the Commission, any elective provincial, city, municipal or barangay officer, unless said suspension will be for purposes of applying the "Anti-Graft and Corrupt Practices Act" in relation to the suspension and removal of elective officials; in which case the provisions of this section shall be inapplicable.

25. On Registration of Voters:

1. Any person who, having all the qualifications and none of the disqualifications of a voter, fails without justifiable excuse to register as a voter in an election, plebiscite or referendum in which he is qualified to vote.

2. Any person who knowingly makes any false or untruthful statement relative to any of the data or information required in the application for registration.

3. Any person who deliberately imprints or causes the imprinting of blurred or indistinct fingerprints on any of the copies of the application for registration or on the voter's affidavit; or any person in charge of the registration of voters who deliberately or through negligence, causes or allows the imprinting of blurred or indistinct fingerprints on any of the aforementioned registration forms, or any person who tampers with the fingerprints in said registration records.

4. Any member of the board of election inspectors who approves any application which on its face shows that the applicant does not possess all the qualifications prescribed by law for a voter; or who disapproves any application which on its face shows that the applicant possesses all such qualifications.

5. Any person who, being a registered voter, registers anew without filing an application for cancellation of his previous registration.

6. Any person who registers in substitution for another whether with or without the latter's knowledge or consent.

7. Any person who tampers with or changes without authority any data or entry in any voter's application for registration.

8. Any person who delays, hinders or obstruct another from registering.

9. Any person who falsely certifies or identifies another as a bona fide resident of a particular place or locality for the purpose of securing the latter's registration as a voter.

10. Any person who uses the voter's affidavit of another for the purpose of voting, whether or not he actually succeeds in voting.

11. Any person who places, inserts or otherwise includes, as approved application for registration in the book of voters or in the provincial or national central files of registered voters, the application of any fictitious voter or any application that has not been approved; or removes from, or otherwise takes out of the book of voters or the provincial or national central files of registered voters any duly approved voter's application, except upon lawful order of the Commission, or of a competent court or after proper cancellation as provided in Sections 122, 123, 124 and 125 hereof.

12. Any person who transfers or causes the transfer of the registration record of a voter to the book of voters of another polling place, unless said transfer was due to a change of address of the voter and the voter was duly notified of his new polling place.

13. Any person who asks, demands, takes, accepts or possesses, directly or indirectly, the voter's affidavit of another, in order to induce the latter to withhold his vote, or to vote for or against any candidate in an election or any issue in a plebiscite or referendum. It shall be presumed prima facie that the asking, demanding, taking, accepting, or possessing is with such intent if done within the period beginning ten days before election day and ending ten days after election day, unless the voter's affidavit of another and the latter are both members of the same family.

14. Any person who delivers, hands over, entrusts, gives, directly or indirectly his voter's affidavit to another in consideration of money or other benefit or promises thereof, or takes or accepts such voter's affidavit directly or indirectly, by giving or causing the giving of money or other benefit or making or causing the making of a promise thereof.

15. Any person who alters in any manner, tears, defaces, removes or destroys any certified list of voters.

16. Any person who takes, carries or possesses any blank or unused registration form already issued to a city or municipality outside of said city or municipality except as otherwise provided in this Code or when directed by express order of the court or of the Commission.

17. Any person who maliciously omits, tampers or transfers to another list the name of a registered voter from the official list of voters posted outside the polling place.

26. On voting:

1. Any person who fails to cast his vote without justifiable excuse.

2. Any person who votes more than once in the same election, or who, not being a registered voter, votes in an election.

3. Any person who votes in substitution for another whether with or without the latter's knowledge and/or consent.

4. Any person who, not being illiterate or physically disabled, allows his ballot to be prepared by another, or any person who prepares the ballot of another who is not illiterate or physically disabled, with or without the latter's knowledge and/or consent.

5. Any person who avails himself of any means of scheme to discover the contents of the ballot of a voter who is preparing or casting his vote or who has just voted.

6. Any voter who, in the course of voting, uses a ballot other than the one given by the board of election inspectors or has in his possession more than one official ballot.

7. Any person who places under arrest or detains a voter without lawful cause, or molests him in such a manner as to obstruct or prevent him from going to the polling place to cast his vote or from returning home after casting his vote, or to compel him to reveal how he voted.

8. Any member of the board of election inspectors charged with the duty of reading the ballot during the counting of votes who deliberately omits to read the vote duly written on the ballot, or misreads the vote actually written thereon or reads the name of a candidate where no name is written on the ballot.

9. Any member of the board of election inspectors charged with the duty of tallying the votes in the tally board or sheet, election returns or other prescribed form who deliberately fails to record a vote therein or records erroneously the votes as read, or records a vote where no such vote has been read by the chairman.

10. Any member of a board of election inspectors who has made possible the casting of more votes than there are registered voters.

11. Any person who, for the purpose of disrupting or obstructing the election process or causing confusion among the voters, propagates false and alarming reports or information or transmits or circulates false orders, directives or messages regarding any matter relating to the printing of official ballots, the postponement of the election, the transfer of polling place or the general conduct of the election.

12. Any person who, without legal authority, destroys, substitutes or takes away from the possession of those having legal custody thereof, or from the place where they are legally deposited, any election form or document or ballot box which contains official ballots or other documents used in the election.

13. Any person having legal custody of the ballot box containing the official ballots used in the election who opens or destroys said box or removes or destroys its contents without or against the order of the Commission or who, through his negligence, enables any person to commit any of the aforementioned acts, or takes away said ballot box from his custody.

14. Any member of the board of election inspectors who knowingly uses ballots other than the official ballots, except in those cases where the use of emergency ballots is authorized.

15. Any public official who neglects or fails to properly preserve or account for any ballot box, documents and forms received by him and kept under his custody.

16. Any person who reveals the contents of the ballot of an illiterate or disabled voter whom he assisted in preparing a ballot.

17. Any person who, without authority, transfers the location of a polling place.

18. Any person who, without authority, prints or causes the printing of any ballot or election returns that appears as official ballots or election returns or who distributes or causes the same to be distributed for use in the election, whether or not they are actually used.

19. Any person who, without authority, keeps, uses or carries out or causes to be kept, used or carried out, any official ballot or election returns or printed proof thereof, type-form mould, electro-type printing plates and any other plate, numbering machines and other printing paraphernalia being used in connection with the printing of official ballots or election returns.

20. Any official or employee of any printing establishment or of the Commission or any member of the committee in charge of the printing of official ballots or election returns who causes official ballots or election returns to be printed in quantities exceeding those authorized by the Commission or who distributes, delivers, or in any manner disposes of or causes to be distributed, delivered, or disposed of, any official ballot or election returns to any person or persons not authorized by law or by the Commission to receive or keep official ballots or election returns or who sends or causes them to be sent to any place not designated by law or by the Commission.

21. Any person who, through any act, means or device, violates the integrity of any official ballot or election returns before or after they are used in the election.

22. Any person who removes, tears, defaces or destroys any certified list of candidates posted inside the voting booths during the hours of voting.

23. Any person who holds or causes the holding of an election on any other day than that fixed by law or by the Commission, or stops any election being legally held.

24. Any person who deliberately blurs his fingerprint in the voting record.


27. On Canvassing:

1. Any chairman of the board of canvassers who fails to give due notice of the date, time and place of the meeting of said board to the candidates, political parties and/or members of the board.

2. Any member of the board of canvassers who proceeds with the canvass of the votes and/or proclamation of any candidate which was suspended or annulled by the Commission.

3. Any member of the board of canvassers who proceeds with the canvass of votes and/or proclamation of any candidate in the absence of quorum, or without giving due notice of the date, time and place of the meeting of the board to the candidates, political parties, and/or other members of the board.

4. Any member of the board of canvassers who, without authority of the Commission, uses in the canvass of votes and/or proclamation of any candidate any document other than the official copy of the election returns.


28. Common to all boards of election inspectors and boards of canvassers:

1. Any member of any board of election inspectors or board of canvassers who deliberately absents himself from the meetings of said body for the purpose of obstructing or delaying the performance of its duties or functions.

2. Any member of any board of election inspectors or board of canvassers who, without justifiable reason, refuses to sign and certify any election form required by this Code or prescribed by the Commission although he was present during the meeting of the said body.

3. Any person who, being ineligible for appointment as member of any board of election inspectors or board of canvassers, accepts an appointment to said body, assumes office, and actually serves as a member thereof, or any of public officer or any person acting in his behalf who appoints such ineligible person knowing him to be ineligible.

4. Any person who, in the presence or within the hearing of any board of election inspectors or board of canvassers during any of its meetings, conducts himself in such a disorderly manner as to interrupt or disrupt the work or proceedings to the end of preventing said body from performing its functions, either partly or totally.

5. Any public official or person acting in his behalf who relieves any member of any board of election inspectors or board of canvassers or who changes or causes the change of the assignments of any member of said board of election inspectors or board of canvassers without authority of the Commission.

29. On candidacy and campaign:

1. Any political party which holds political conventions or meetings to nominate its official candidates earlier that the period fixed in this Code.

2. Any person who abstracts, destroys or cancels any certificate of candidacy duly filed and which has not been cancelled upon order of the Commission.

3. Any person who misleads the board of election inspectors by submitting any false or spurious certificate of candidacy or document to the prejudice of a candidate.

4. Any person who, being authorized to receive certificates of candidacy, receives any certificate of candidacy outside the period for filing the same and makes it appear that said certificate of candidacy was filed on time; or any person who, by means of fraud, threat, intimidation, terrorism or coercion, causes or compels the commission of said act.

5. Any person who, by any device or means, jams, obstructs or interferes with a radio or television broadcast of any lawful political program.

6. Any person who solicits votes or undertakes any propaganda, on the day of election, for or against any candidate or any political party within the polling place or within a radius of thirty meters thereof.


30. Other prohibitions:

1. Any person who sells, furnishes, offers, buys, serves or takes intoxicating liquor on the days fixed by law for the registration of voters in the polling place, or on the day before the election or on election day: Provided, That hotels and other establishments duly certified by the Ministry of Tourism as tourist oriented and habitually in the business of catering to foreign tourists may be exempted for justifiable reasons upon prior authority of the Commission: Provided, further, That foreign tourists taking intoxicating liquor in said authorized hotels or establishments are exempted from the provisions of this subparagraph.

2. Any person who opens in any polling place or within a radius of thirty meters thereof on election day and during the counting of votes, booths or stalls of any kind for the sale, dispensing or display of wares, merchandise or refreshments, whether solid or liquid, or for any other purposes.

3. Any person who holds on election day, fairs, cockfights, boxing, horse races, jai-alai or any other similar sports.

4. Refusal to carry election mail matter. - Any operator or employee of a public utility or transportation company operating under a certificate of public convenience, including government-owned or controlled postal service or its employees or deputized agents who refuse to carry official election mail matters free of charge during the election period. In addition to the penalty prescribed herein, such refusal shall constitute a ground for cancellation or revocation of certificate of public convenience or franchise.

5. Prohibition against discrimination in the sale of air time. - Any person who operates a radio or television station who without justifiable cause discriminates against any political party, coalition or aggroupment of parties or any candidate in the sale of air time. In addition to the penalty prescribed herein, such refusal shall constitute a ground for cancellation or revocation of the franchise.
Can you break them down?

Actually, it's hard to break them down... I'll probably do it later. I wanted to put them all first so you may get to digest them. Think of it as... homework...


Friday, May 04, 2007
This day in history from:

All on your hands

I have this wild theory on the sudden rash of political killings (and violence) for this election season. Hear me out...

I think some politicians are resorting to this tactic more than ever before because it's a more cost-effective solution than paying off the rigging of the elections.

Believe me, I heard a lot of horror stories on how much these election fixers charge.

Since they can't afford the increasing fees charged by these operators and the prospect of engaging in a bidding war looming, some candidates figured it is cheaper to hire someone to physically eliminate the opposition than to out-bid them.

If this theory is correct, to these operators and fixers, smug in your supposed windfall this season by pimping the electoral process, the blood of the killed candidates is in your greasy hands.

Sooner or later everything will balance out against you. And you can't take your blood money where you're going...

Thursday, May 03, 2007
This day in history from:

Standing Up in a Small Way

"All that is necessary for the triumph of evil is that good men do nothing."
-Edmund Burke, Irish orator, philosopher, & politician (1729 - 1797)

I was on a routine errand run yesterday and I decided to take Bea with me. Paying our cable TV bills, there was a really long line, and this became an opportune time for Bea and I to talk about things. You see, Bea just came back from my sister's place, where she stayed for about five days.

Anyway, about 45 minutes into that "line adventure" and nearing the cashiers, a "person" just barged in ahead of an old guy a few persons behind me. The old guy protested, and even called the security guard. But the guard did not want trouble and just attempted to calm the old guy down.

And this brash "person" even had the gall to get angry at the old guy, saying his eyesight must be failing him and arguing that since there is no number system in place so the line was fair game.

That's where I drew the line. Even with Bea in tow, I called this guy out and told him how "thick-faced" and a "disgrace" (somehow, this did not capture the exact words I used, "Ang kapal ng mukha mo! Nakakahiya ka!") he was and I told him in no uncertain terms that I was not about to tolerate his barging in the line, especially when people already had been patiently waiting for their turn for a long time. He even looked at me menacingly, but I did not back down and I told him that if he continued, he'll face a mauling (not only from me, but also from the other burly men he cheated behind the line).

Other people were already heckling him by then and he had no choice but to leave. I think he did not even go to the end of the line. But since Bea witnessed all of these, I took time to explain it to her... and tried a draw a lesson from the experience.

You see, we could have let the incident slide, in the interest of "peace." And we Filipinos have a tendency to be docile, not wanting to rock the boat, even sacrificing justice and what is right right for "smooth interpersonal relationships" (which goes by the term pakikisama in these parts). Also, people have gone accustomed to the "best defense is offense" way of thinking, capitalizing of this seeming virtue that has now become our own undoing.

It is this trait that is exploited by the evil people in society. Try putting this in the context of the coming elections.

All it takes for this electoral process to become a farce is that we do nothing.

Wednesday, May 02, 2007
This day in history from:

Last Song Syndrome

I'm sorry, this is the song in my head right now.

And after reading this, it may be yours, too...

Never mind the lyrics... (a warning though, explicit ones...)




Visual DNA

Got suckered into another one of these things...

Hijacked it from Titopao's blog:





Tuesday, May 01, 2007
This day in history from:

American but so true...

The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little.

Franklin Delano Roosevelt
Second Inaugural Address, 1937

Blog Lecture No. 74: Campaigning Children

Watching the news this morning, I was appalled when the minor children of a senatorial candidate was being "employed" to campaign for their father. This is the reason for this blog lecture. Call it my Labor Day lecture if you want...

Give a law protecting children against child abuse, exploitation and discrimination?

It is Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act."

What does this law provide as regards putting children to work?

Under Section 3 (c) (2) of that law, putting children to work under conditions hazardous to life, safety and normal which unduly interfere with their normal development, qualifies as a circumstance which gravely threaten or endanger the survival and normal development of children, which, in turn, is punishable under this act.

Putting a minor child on the campaign trail is arguably putting a child to work under illegal conditions, since the campaign trail is hazardous to the child's life and safety. A campaign activity is no place for a child, even if temporary.

What else?

Under Section 12 of the same law:

Section 12. Employment of Children. - Children below fifteen (15) years of age may be employed except:

(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed: Provided, however, That his employment neither endangers his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or

(2) When a child's employment or participation in public & entertainment or information through cinema, theater, radio or television is essential: Provided, The employment contract concluded by the child's parent or guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, That the following requirements in all instances are strictly complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and;

(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skill acquisition of the child.

In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement.

The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementation of this Section.


So even if the candidate/parent can argue that their children qualifies under the first exemption, he should have secured prior clearance (or a work permit) from the Department of Labor and Employment, before putting his children to work for his campaign.

So what does all of these mean?

Somebody should be calling Bantay Bata (Child Watch) 163...

Creature of Habit

Though I like so much variety in my practice (which is one of the reasons why I am a solo-practitioner, another, my kids, of course), I am a creature of habit when it comes to my domestic life.

Unfortunately, I have become a creature of habit as regards what blogs I read and what sites a I visit. It seems that I visit the same site(s) over and over again... which is not really bad but given the wide expanse of the interweb, I should be venturing out more (rather than doing too much introspection in my own blog and visiting a few of them sites...)

So that's where you come in...

Please recommend some sites to me by whatever means you can...

I really want to break this lethargic habit. So please...

Disaster relief, sustainable development & community service


Featured PinoyBlog of the Week

Side Prayers

PRAYER FOR GENEROSITY
Lord Jesus,
Teach me to be generous,
Teach me to serve You as You deserve
To give and not to count the cost,
To fight and not to heed the wounds,
To toil and not to seek for rest,
To labor and not to ask for reward,
except that of knowing
That I do Your Holy Will. Amen

THE LAWYER'S PRAYER
May every word I speak be from Your Truth...
I ask come from Your Wisdom...
May every case I handle receive Your Guidance...
May every heart, every life I touch, feel Your Love.

THE JABEZ PRAYER
And Jabez called on the God of Israel saying,
"Oh, that You would bless me indeed,
and enlarge my territory,
that Your Hand be with me,
that You would keep me from evil,
that I may not cause pain."

So God granted him what he requested.

Side Oath

The Lawyer's Oath
I do solemnly swear that
I will maintain allegiance to
the Republic of the Philippines,
I will support its Constitution
and obey the laws as well as
the legal orders of the
duly constituted authorities therein;
I will do no falsehood,
nor consent to the doing of any in court;
I will not wittingly or willingly
promote or sue any groundless,
false or unlawful suit,
nor give aid nor consent to the same;
I will delay no man for money or malice,
and will conduct myself as a lawyer
according to the best of my knowledge
and discretion with all good fidelity
as well to the courts as to my clients;
and I impose upon myself this voluntary obligation
without any mental reservation
or purpose of evasion.
So help me God.

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