Philippines: Statement of the Consortium on Democracy and Disinformation – Joint Statement on the Harassment of Maria Ressa (15.02.2019)
I write what I like.
“And that question is: ”How old is 15, really?” No, that’s a good question. I’m not saying that a person is as smart as they’re gonna be at 15. That’s not what I’m saying, man. But I am saying, 15 to me… is old enough to decide… whether or not you want to be pissed on. That’s me. If you can’t make a decision like that by the time you’re 15… then just give up, motherfucker, because life is way harder than that” – Dave Chappelle from ‘For What it’s Worth’ (2004)
I know that Dave Chappelle isn’t a politician, but he is a comedian. But I had to start with him, as this here piece will be about age. Because suddenly now Senate President Sotto in the Philippines, wants to make the legal age for prosecution and able to answer for their crimes down to thirteen (13). As of today, it is already fifteen (15). Therefore, the legal age are already low and early to be able to serve time for possible crimes.
I want to ask the politician, if he could change the legal age for other things, as they should not only have possibility to fine, detain and prosecute the youth, but also other things. Because, why is it just the negative aspect and the positive aspect of life that is given to the thirteen year old. Since, if your opening the gates to make them liable, shouldn’t they be able to do more other things too, without concern of the state?
“MANILA — Alarmed by the rise in the number of crimes now being committed by minors, Senate President Vicente Sotto III is pushing for the lowering of the age of criminal responsibility to 13 years old. In filing Senate Bill 2026, Sotto noted that criminal syndicates are exploiting the provisions of Republic Act 9344 of the Juvenile Justice and Welfare Act of 2006 by using minors in the commission of crimes” (…) “In his explanatory note for Senate Bill 2026, Sotto said, “Due to the continuing challenge in the implementation of RA 9344, as amended, the aforesaid law must be further amended to lower the minimum age of criminal liability in order to adapt to the changing times.” “This bill will finally give clarity to the true intention of the law. The amendment to the law will institutionalize the criminal liability of teenagers who committed serious criminal offense,” Sotto said. He added that not only was the law abused by criminals but the innocence of these youngsters were deliberately taken from them” (Philippines News Agency – ‘ Sotto wants to lower age of criminal liability to 13’ 25.09.2018 link: http://www.pna.gov.ph/articles/1049043).
With this Senate President Sotto, shouldn’t they be allowed to run for any public office in an election? Why cannot even a thirteen year old vote in the Sangguniang Kabataan (SK) elections? In the recent election the youngest ones to vote in the SK in 2018 was 15 years old. Therefore, they cannot elect anyone or be eligible to get public office. But behind bars is fine and dandy. They have to wait to be 18 to be a candidate for Municipal Councilor, 21 years to be a candidate either for ARMM Regional Assemblyman or Mayor/Vice Mayor of City. To get into House of Representatives, you have to be 25 years old or in the Senate being 35 years old. If you considering to run for the two highest offices you have to be 40 years old, this being Vice-President and President. Therefore, the youths of age thirteen can be criminal liable, but cannot ever consider to run for office, not even in their local SK Election.
That is why Sotto, should consider his approach, as he can criminalize these youths, but they have no initial power. While it coming to work, the DOLE Guidelines of 1st January 2018 of work for minors states: “Under Republic Act No. 9231, children below the age of 15 are not allowed to be employed in any public or private establishment except when they work directly under the sole responsibility of their parents or guardian or when their participation in public entertainment or public information is essential. In any of the exceptions, the employer, parent or guardian should first secure working child permit from DOLE before engaging the services of the child” (Philippines Information Agency – ‘DOLE issues new guidelines on employment of minors in public entertainment’ 09.11.2017 link: https://pia.gov.ph/news/articles/1001624).
The DOLE has such strict rules about a minor, which is a thirteen years old individual, as they cannot work without guardians approval or the DOLE too as well. Therefore, when they need this to work together with parents or their approval for work, why can the same individual be criminal liable? Shouldn’t it be automatic to be working too?
So, we have quickly figured out they cannot vote, not be eligible to elected or work unless DOLE gives them permit. Should they still be able to become outlaws and get a criminal record? Really?
Just to put it further to prove the dire need to question it, is that a person between 18 to 21 needs consent of marriage from either father, mother or legal guardian to be allowed to married in the Philippines. So a person, cannot without consent of their parents get married, but they can get legal ramifications for their actions? Have Sotto even thought of all of this?
That is why I am writing this, because it is natural as a youth, a teen starting life, not fully matured or even considering of the implications of your acts. Shouldn’t be able to do all adulting first, before you get cost of being grown. However, the Senate President thinks otherwise.
Therefore, Mr. Sotto, should you allow them to work, married or even be eligible to get elected into office? Since you propose them to be criminal liable. If they can get punished by the state, shouldn’t they get all the opportunities of the state as well. Peace.
In the Philippines, President Rodrigo Duterte has been a strongman whose fought the good fight for the people against government corruption, also used martial law to beat Islamist’s in Marawi on the island of Mindanao. Now, he has also broken the dialogue with the communists rebels, of the militia of the New People’s Army. Therefore, as he has used the army and police to battle drug-cartels and militias. You would expect a fellow President to manage a few journalists.
President Duterte has now started a spat and unnecessary, as the Christopher Lawrence “Bong” has stated today to the media after 48 hours of foolishness from themselves. This is crisis made out of stupidity made by the Malacañang. Duterte and Bong just acting dumb by kicking out a reporter from Rappler. Pia Randa yesterday on the 20th February and then barring her from entering today.
They have stated this to the media:
“Let us be clear: The case of Rappler is not an attack on press freedom. Members of the media, including the Philippine Daily Inquirer, continue to be hard-hitting yet they can cover the activities of the President. Ms. Ranada’s accreditation, which would give her access to Palace activities, lies on Rappler’s accreditation. If Rappler wants to have direct coverage of certain events inside and outside Malacañang, it may apply for Foreign Correspondents Association of the Philippines (FOCAP) accreditation. Two things could have avoided Rappler’s present predicament: One, get a temporary restraining order. Two, be a Filipino corporation. Unfortunately, Rappler failed to obtain a TRO and failed to show that it is a Filipino entity” (Presidential Communications Operations Office – ‘From the Presidential Spokesperson – On Rappler’ 21.02.2018).
By the standard of the ownership of Rappler, it is owned by Dolphin Fire Group (31%), Maria Resa (23%), Hatchd Group (17% ), Benjamin So (17%), Public Trust and Media Group (5%) and 4 minority owners with about 5%. So the ownership of Rappler and Rappler Holding Company is based in the Philippines, even if they have gotten funding from abroad Omidyar Network and North Base Media. Both foreign, but the ownership is still Philippines based. Therefore, the attacks on this is a bit strange.
That is just the quick defense of Rappler and their ownership, which should be easily accessed to the President and his associates. Since they can get all registers and all files on the company. Since the Rappler Holding Corporation has to pay taxes and levies like any other. I would expect the Spokesperson to the President knowing this. Even I could find this information without very little research, since this is public, as a public company and with open access to the domain.
However, this isn’t just about press freedom, this is about the open scar of weakness. That the President doesn’t like one story about Navy Frigate Deal. Maybe, the President should be transparent about the trade and deal, also show the process of the agreement with set supplier of the boat. Not just spray venom and show fury over Rappler writing a story. Show the truth, drop the arrangement, mark the classified details, which only the military can know and show the paper-trail if the story is false. That would be mature and prove transparency in his actions. However, he takes away press credentials and beats the messenger, instead of showing the true face of Navy Frigate deal.
I hate to say it, but Duterte looks weak and foolish with this. He could have shown his true character and riding the storm. Instead he seems hot-headed and unwise. Duterte been swift and wise in cracking down on terrorists and communist rebels. But doing this to a report from Rappler is childish and petty. He is supposed to be better and have better reasoning behind it. Clearly, he lost it a bit and need guidance.
Sometimes the ego of a person goes to far, in this instance it has. Duterte forgotten, that he represent all parts of the people, even the critical ones. They are labeling Rappler foreign when its not, and trying to muffle their reports. However, instead of debunking and showing the legitimate agreement, which is the main reason for this attack on the media company.
The reporter in question is known for being critical of Duterte, that is fact, still Duterte and Malacañang press corps could need that. But the administration and the president seems misguided. Duterte should show strength, not weakness. This is weak, really weak, petty even.
President Duterte, you have been able to beat the hell out of terrorists and are doing what you can beat communist rebels. Two noble fights, also the third to get rid of the drug-cartels. All of that has been for the betterment of the republic. However, this attack on Rappler, as it has been now from the administration since January 2018. This is just the latest after the state revoked it license. Seemingly, you have the courage and boldness to beat the ones with guns, ammunition and drugs.
But, you cannot manage a report from Rappler? Is that your Achilles heel? That is weak tea. Really weak tea. Steaming hot water, but with no flavor. Peace.