Palasing-singang kayumanggi ang matang ito ng tarsier. Hindi alam ng mata ng kamera kung sa kanya ba nakatingin ang munting nilalang. Ang tiyak lang, tila sanay ang hayop sa mapaglarong lente. (Kuha mula sa telepono, Bohol, ika-20 ng Mayo)
Saturday, September 16, 2006
Kayumangging paningin
Palasing-singang kayumanggi ang matang ito ng tarsier. Hindi alam ng mata ng kamera kung sa kanya ba nakatingin ang munting nilalang. Ang tiyak lang, tila sanay ang hayop sa mapaglarong lente. (Kuha mula sa telepono, Bohol, ika-20 ng Mayo)
Dear Ate Kat
Ate Ko,
Matanda ka sa'ken ng higit isang buwan lang pero magiliw kitang tinatawag na ate, dahil masarap ang pakiramdam.
Tingin mula sa malayo, ikaw ang nakakakita sa hindi ko makita noon. Ang mundo natin sa UP, sa session road, sa Cabinet Hills o sa apat-at-mabahong-sulok ng OutcroP ay lumigwak pa dahil kinaya nating tignan ang mga bagay-bagay labas sa pulitika, paloob sa isang pagkakaunawaang tayo lang ang nakakaalam.
Dangan kasi, gusto nating magsulat nang magsulat hanggang lumutang ang mga letra, salita. At pag-ibig, pag-alala, pag-iyak, pagtawa at ligaya. May hiraya ang bawat nating pag-uusap na nakatanghod sa kape o mainit na noodles.
Kung susukatin, siguro'y milya-milya na rin ang nabiyahe nating magkasama -sa paglalakad, pagsakay sa dyip o pagtakbo- katulad ng pagkakapatirang namamagitan sa atin.
Gusto kong langhapin ang dati nating halakhak. 'Di ba't mas gusto nating tumanghod sa kape, pagmasdan ang ulang malamig, o magbabad sa mga kuwentong nagsampiran sa araw-araw nating pagkikita?
Mapapabuti ka, alam ko. Pagka't alam mo kung paano ang magpasya. Maging malaya ka sana sa mga bagay na nakakapagpaligaya sa'yo.
Mahal kita, ate ko. Gusto kong lumipas ang mga araw, na hindi nagpilat ang pag-alis ko. Basta isang araw uupo na lang ako sa isang tabi, na may hawak na dalawang tasa ng kape, kasama ka upang magsalo sa mga bagong kuwento-kuwento ng ating buhay.
May hiraya ang bawat nating pag-uusap. Hinding-hindi ko matitiis yun. Babalik ako, pagkat walang ibang ateng katulad mo sa kabilang dulo ng mundo.
Salamat, salamat. Sa ating pagsusulat.
En
Matanda ka sa'ken ng higit isang buwan lang pero magiliw kitang tinatawag na ate, dahil masarap ang pakiramdam.
Tingin mula sa malayo, ikaw ang nakakakita sa hindi ko makita noon. Ang mundo natin sa UP, sa session road, sa Cabinet Hills o sa apat-at-mabahong-sulok ng OutcroP ay lumigwak pa dahil kinaya nating tignan ang mga bagay-bagay labas sa pulitika, paloob sa isang pagkakaunawaang tayo lang ang nakakaalam.
Dangan kasi, gusto nating magsulat nang magsulat hanggang lumutang ang mga letra, salita. At pag-ibig, pag-alala, pag-iyak, pagtawa at ligaya. May hiraya ang bawat nating pag-uusap na nakatanghod sa kape o mainit na noodles.
Kung susukatin, siguro'y milya-milya na rin ang nabiyahe nating magkasama -sa paglalakad, pagsakay sa dyip o pagtakbo- katulad ng pagkakapatirang namamagitan sa atin.
Gusto kong langhapin ang dati nating halakhak. 'Di ba't mas gusto nating tumanghod sa kape, pagmasdan ang ulang malamig, o magbabad sa mga kuwentong nagsampiran sa araw-araw nating pagkikita?
Mapapabuti ka, alam ko. Pagka't alam mo kung paano ang magpasya. Maging malaya ka sana sa mga bagay na nakakapagpaligaya sa'yo.
Mahal kita, ate ko. Gusto kong lumipas ang mga araw, na hindi nagpilat ang pag-alis ko. Basta isang araw uupo na lang ako sa isang tabi, na may hawak na dalawang tasa ng kape, kasama ka upang magsalo sa mga bagong kuwento-kuwento ng ating buhay.
May hiraya ang bawat nating pag-uusap. Hinding-hindi ko matitiis yun. Babalik ako, pagkat walang ibang ateng katulad mo sa kabilang dulo ng mundo.
Salamat, salamat. Sa ating pagsusulat.
En
Tuesday, September 12, 2006
My La Union
Panahon ng pangarap, ang magiliw na pagsapit ng dapit-hapon sa baybay. Nakuwento ko na dati pang may affinity ako sa summer, sunset...etc tungkol sa araw. (Kuha mula sa telepono, ika-29 ng Abril)
Monday, September 11, 2006
Luntiang paningin
Kaya paborito ko ang green. Sa lahat ng kulay ito ang nakaka-relaks talaga. Walang gustong maniwala mga mata ko 'to. Kinunan ko 'to sa kamera ng aking telepono, at dahon ng bugambilya ang preskong kulay.
Friday, September 08, 2006
Mikase
Ako kase.
Wala, gusto ko lang na may masisi sa mga bagay na ‘di ko hawak. Kung nalulungkot ang ibang tao, nagagalit o nanliliit dahil sa mga bagay na ‘di nila hawak, ako ang dapat sisihin.
Kung puwede nga lang, inako ko na ang lahat ng masama sa paligid ko. Manlulumo ako’t maiiyak sa isang tabi, pero hihinga ng konti, iiyak ng konti, tingin sa langit, hinga ulit, at tapos na.
Kung ganun kadali ang mabuhay…
Isang linggo mula ngayon may sasambulat. Na parang bula. Mawawala.
Ako kase.
Siguro hindi na lang ako magsasalita, mas masakit sa lalamunan yun, at masikip sa dibdib. Ang pag-iyak, lalong nakaka-antig.
Sige lang, kase naman.
Wala, gusto ko lang na may masisi sa mga bagay na ‘di ko hawak. Kung nalulungkot ang ibang tao, nagagalit o nanliliit dahil sa mga bagay na ‘di nila hawak, ako ang dapat sisihin.
Kung puwede nga lang, inako ko na ang lahat ng masama sa paligid ko. Manlulumo ako’t maiiyak sa isang tabi, pero hihinga ng konti, iiyak ng konti, tingin sa langit, hinga ulit, at tapos na.
Kung ganun kadali ang mabuhay…
Isang linggo mula ngayon may sasambulat. Na parang bula. Mawawala.
Ako kase.
Siguro hindi na lang ako magsasalita, mas masakit sa lalamunan yun, at masikip sa dibdib. Ang pag-iyak, lalong nakaka-antig.
Sige lang, kase naman.
Saturday, September 02, 2006
Una kong Setyembre
Unang araw ng Setyembre, at malamig pa sa nakapangingilong yelo ang bumuhos sa ordinaryong araw ng Biyernes.
Dumating ang pinakahihintay; inaasahang kagulat-gulat pa rin na parang hedlayn sa pahina ng diyaryo. Ala-alang pagkasakit-sakit nung unang karanasan*, ngayon nama’y giyera-pataning emosyon na sa una’y lungkot na ‘di mapasubalian.
May birtud ang sariling bayan. Kaya nga’t ipinangako ko nang sa maraming ulit ay babalik at babalik ako kung sakali man. Ang hindi mapipigilan, bagkus inaasahan din nama’y matagal nang pinaghandaan (ngunit pagkahandang nauwi din naman sa di mawawaang lungkot, at ginhawa.)
Nagsisisi na nga ba ako? Hindi siguro. Hindi ko pa alam. Gusto kong magsilbi, hindi nga.
Sa malao’t madali, may mga pagkakataong dumarating sa isang tao. Ito’y bahagi lamang ng makitid niyang mundo. Kumbinsido na akong hindi’t hindi sa ibang bansa akoy mahihimlay. Hinding-hindi.
Pagka’t maraming dapat balikan. Itong pagbabalik na hindi pangangailangang dapat tugunan lang. Itong pagpapasya sa habang buhay na pagpapaubaya, para sa iba.
May maghihintay. Kung hindi marami, tiyak may isang gustong makapiling upang buuin ang buhay na mapagpasya.
Dito man o sa ibayo, may Setyembreng umaalis, may Setyembreng bumabalik. Kaya’t hindi huli ang unang araw kong ito ng Setyembre.
*Panaklot sa dibdib ang pagkamatay ni Kuya, na isang masamang balitang sa kawad ipinahatid sa isang ate
Dumating ang pinakahihintay; inaasahang kagulat-gulat pa rin na parang hedlayn sa pahina ng diyaryo. Ala-alang pagkasakit-sakit nung unang karanasan*, ngayon nama’y giyera-pataning emosyon na sa una’y lungkot na ‘di mapasubalian.
May birtud ang sariling bayan. Kaya nga’t ipinangako ko nang sa maraming ulit ay babalik at babalik ako kung sakali man. Ang hindi mapipigilan, bagkus inaasahan din nama’y matagal nang pinaghandaan (ngunit pagkahandang nauwi din naman sa di mawawaang lungkot, at ginhawa.)
Nagsisisi na nga ba ako? Hindi siguro. Hindi ko pa alam. Gusto kong magsilbi, hindi nga.
Sa malao’t madali, may mga pagkakataong dumarating sa isang tao. Ito’y bahagi lamang ng makitid niyang mundo. Kumbinsido na akong hindi’t hindi sa ibang bansa akoy mahihimlay. Hinding-hindi.
Pagka’t maraming dapat balikan. Itong pagbabalik na hindi pangangailangang dapat tugunan lang. Itong pagpapasya sa habang buhay na pagpapaubaya, para sa iba.
May maghihintay. Kung hindi marami, tiyak may isang gustong makapiling upang buuin ang buhay na mapagpasya.
Dito man o sa ibayo, may Setyembreng umaalis, may Setyembreng bumabalik. Kaya’t hindi huli ang unang araw kong ito ng Setyembre.
*Panaklot sa dibdib ang pagkamatay ni Kuya, na isang masamang balitang sa kawad ipinahatid sa isang ate
Thursday, August 24, 2006
Miss ang araw
Masarap gawin maging sa tag-ulan ang magkape
Walang pagtatangi, namimis ko talaga ang araw sa tag-init.
Hay, ang araw na mainit.
Madalas kasing napapanaginipan ko; at ayaw mawaglit
Ang ituktok ng talon
Mas mataas ang guryon
Na kumikiwal sa hangin
At naghahamon sa lawin
Hay, ang pakiramdam
Sa lilim ng dalampasigan
Yungyong ng kawayan
At bulong ng amihan
Tinatangay ako
Painlan-lang…
Walang pagtatangi, namimis ko talaga ang araw sa tag-init.
Hay, ang araw na mainit.
Madalas kasing napapanaginipan ko; at ayaw mawaglit
Ang ituktok ng talon
Mas mataas ang guryon
Na kumikiwal sa hangin
At naghahamon sa lawin
Hay, ang pakiramdam
Sa lilim ng dalampasigan
Yungyong ng kawayan
At bulong ng amihan
Tinatangay ako
Painlan-lang…
Saturday, August 19, 2006
Walang Pagkukulang*
WALA kang pagkukulang bagkus;
Ika’y sobra
Sobra sa aking inaasahang pagbuhos
Ng Tala
Ng Alon
Ng Ulan
Ng Buwan
Ng Sinag
Ng Takipsilim na
Nakakapagpaiyak sa akin
Sa Musmos kong
Damdamin
Mahal kita.
Walang pagkukulang.
Ang singkit mong mga
Mata ng aking kaluluwa
Nais kong makita
Hanggang kabilang-dulo ng mundo
(Kung saan man yun)
Aasahan kong ang mga talulot
Ng Payak
At Masalimuot
Na lambing; siphayo
Nitong pagmamahalan.
Walang pagkukulang.
Walang Hangganan.
*Alay sa’yo sa ika-19 ng Agosto
Evidences, Testimonies, Point to Accused U.S. Marine
As the prosecution panel in the Subic rape case trial ends its presentation of witnesses and evidence, its lawyers are confident that they have pieced out the puzzle showing the four accused U.S. Marines guilty.
BY JHONG DELA CRUZ
Bulatlat
Prosecution lawyers in the Subic rape case ended their presentation on Aug. 17, with a police expert confirming that the DNA sample found in the Filipina victim’s underwear indeed belonged to principal accused Lance Corporal Daniel Smith.
Lead prosecutor Evalyn Ursua expressed confidence their evidences and the witnesses’ testimonies had pieced out the puzzle of the fateful Nov. 1, 2005 when four U.S. Marines allegedly raped a 22-year-old Filipino woman.
Also accused with Smith are Lance Corporals Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad Carpentier.
23rd witness
The prosecution presented its 23rd witness, Sr. Inspector Edmar dela Torre who conducted the matching of both DNA samples extracted from the victim’s panties and Smith’s blood.
Tested at the Philippine National Police Crime Laboratory, Dela Torre said the samples were of “primary match,” resulting in a 10 percent accuracy rate. The DNA sample obtained from the victim’s underwear had not been contaminated, bearing no such indication during the test, dela Torre told the court.
The analyst received the samples on June 26 from the evidence custodian. His findings, he told the court, revealed that the “DNA is that of Daniel Smith.” The defense refused to further ask questions during the cross-examination.
Meanwhile, before the police analyst took the witness stand, the Makati Regional Trial Court Branch 139 recalled Dr. Rolando Ortiz, medico-legal officer at the James L. Gordon Hospital who examined “Nicole” on Nov. 3, 2005.
The court had ordered Ortiz to testify again to explain the history-taking procedure he had conducted with “Nicole.” The procedure involves inquiring about past and present sexual relationships of victims of sexual assault.
Ursua opposed this saying having sex in the past would not indicate that there was no rape because the assault could happen even inside a marriage. She cited section 6 of the Rape Shield Law which said that “in prosecutions for rape, evidence of complainant's past sexual conduct, opinion thereof or his/her reputation, shall not be admitted unless, and only to the extent that the court finds that such evidence is material and relevant to the case.”
Fishing expedition
The victim, a Zamboanga native, told the doctor she last had a consensual sexual intercourse with her boyfriend two years ago, Ortiz said.
The defense argued old-healed lacerations in both sides of the labia minora, if proven there had been such activity before the alleged rape, the findings might change in the medico-legal procedure.
But Ursua asked the court to reconsider the question saying the defense panel is engaged in a “fishing expedition” because the answer might have no boundaries and that this would only “humiliate” the complainant.
Asked why there was no spermatozoa found in the vagina by Judge Benjamin Pozon during the court’s clarificatory questions, Dr. Ortiz answered because there might have been no ejaculation at all, or that the accused had used condom during the alleged sexual assault.
Earlier, Ortiz had testified the reddish contusions on both sides of the labia minora were caused by “a blunt object applied with force.” He re-affirmed the findings when asked by Pozon whether it might have been caused by illness, and:
“Contusions may be caused when a woman’s private part is not lubricated, or [if her] thighs are closed injury could occur during the penetration,” he said.
Corroborated
After 23 witnesses, the prosecution concluded they were very satisfied with how the proceedings for their evidences and witness testimonies corroborated the claim of the complainant.
The victim had earlier testified she was too drunk to fight Smith during the sexual assault. She described him as heavy when she gained consciousness and found out he was on top of her.
She was having a vacation with her two sisters at the former U.S. naval base when, according to her, she was intoxicated by alcoholic drinks.
She only remembered refusing Smith’s insistence to get out of the Neptune Club, a popular nightspot at the Freeport. Later she knew she was taken inside the van where she claimed to have been raped at the backseat.
On July 11, leading forensic expert Dr. Raquel Fortun confirmed that the injuries sustained by Nicole indicate that rape and not consensual sex took place on the night of Nov. 1 last year. This is because in a normal consensual sexual activity, injuries in the genitalia are unusual, she said.
Less than 10
The court will resume hearing on Sept. 11 when the defense panel will present its side.
Last June, Ursua filed a petition for certiorari seeking full custody of the four U.S. servicemen involved in the rape case. If granted, this would prevent the soldiers from “getting off the hook,” since the case would no longer follow the one year allowable case hearing for U.S. soldiers in the country. The prosecution is battling the December 29 deadline of the court proceedings.
If proven guilty, the accused would be meted out a 40-year imprisonment. Bulatlat
BY JHONG DELA CRUZ
Bulatlat
Prosecution lawyers in the Subic rape case ended their presentation on Aug. 17, with a police expert confirming that the DNA sample found in the Filipina victim’s underwear indeed belonged to principal accused Lance Corporal Daniel Smith.
Lead prosecutor Evalyn Ursua expressed confidence their evidences and the witnesses’ testimonies had pieced out the puzzle of the fateful Nov. 1, 2005 when four U.S. Marines allegedly raped a 22-year-old Filipino woman.
Also accused with Smith are Lance Corporals Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad Carpentier.
23rd witness
The prosecution presented its 23rd witness, Sr. Inspector Edmar dela Torre who conducted the matching of both DNA samples extracted from the victim’s panties and Smith’s blood.
Tested at the Philippine National Police Crime Laboratory, Dela Torre said the samples were of “primary match,” resulting in a 10 percent accuracy rate. The DNA sample obtained from the victim’s underwear had not been contaminated, bearing no such indication during the test, dela Torre told the court.
The analyst received the samples on June 26 from the evidence custodian. His findings, he told the court, revealed that the “DNA is that of Daniel Smith.” The defense refused to further ask questions during the cross-examination.
Meanwhile, before the police analyst took the witness stand, the Makati Regional Trial Court Branch 139 recalled Dr. Rolando Ortiz, medico-legal officer at the James L. Gordon Hospital who examined “Nicole” on Nov. 3, 2005.
The court had ordered Ortiz to testify again to explain the history-taking procedure he had conducted with “Nicole.” The procedure involves inquiring about past and present sexual relationships of victims of sexual assault.
Ursua opposed this saying having sex in the past would not indicate that there was no rape because the assault could happen even inside a marriage. She cited section 6 of the Rape Shield Law which said that “in prosecutions for rape, evidence of complainant's past sexual conduct, opinion thereof or his/her reputation, shall not be admitted unless, and only to the extent that the court finds that such evidence is material and relevant to the case.”
Fishing expedition
The victim, a Zamboanga native, told the doctor she last had a consensual sexual intercourse with her boyfriend two years ago, Ortiz said.
The defense argued old-healed lacerations in both sides of the labia minora, if proven there had been such activity before the alleged rape, the findings might change in the medico-legal procedure.
But Ursua asked the court to reconsider the question saying the defense panel is engaged in a “fishing expedition” because the answer might have no boundaries and that this would only “humiliate” the complainant.
Asked why there was no spermatozoa found in the vagina by Judge Benjamin Pozon during the court’s clarificatory questions, Dr. Ortiz answered because there might have been no ejaculation at all, or that the accused had used condom during the alleged sexual assault.
Earlier, Ortiz had testified the reddish contusions on both sides of the labia minora were caused by “a blunt object applied with force.” He re-affirmed the findings when asked by Pozon whether it might have been caused by illness, and:
“Contusions may be caused when a woman’s private part is not lubricated, or [if her] thighs are closed injury could occur during the penetration,” he said.
Corroborated
After 23 witnesses, the prosecution concluded they were very satisfied with how the proceedings for their evidences and witness testimonies corroborated the claim of the complainant.
The victim had earlier testified she was too drunk to fight Smith during the sexual assault. She described him as heavy when she gained consciousness and found out he was on top of her.
She was having a vacation with her two sisters at the former U.S. naval base when, according to her, she was intoxicated by alcoholic drinks.
She only remembered refusing Smith’s insistence to get out of the Neptune Club, a popular nightspot at the Freeport. Later she knew she was taken inside the van where she claimed to have been raped at the backseat.
On July 11, leading forensic expert Dr. Raquel Fortun confirmed that the injuries sustained by Nicole indicate that rape and not consensual sex took place on the night of Nov. 1 last year. This is because in a normal consensual sexual activity, injuries in the genitalia are unusual, she said.
Less than 10
The court will resume hearing on Sept. 11 when the defense panel will present its side.
Last June, Ursua filed a petition for certiorari seeking full custody of the four U.S. servicemen involved in the rape case. If granted, this would prevent the soldiers from “getting off the hook,” since the case would no longer follow the one year allowable case hearing for U.S. soldiers in the country. The prosecution is battling the December 29 deadline of the court proceedings.
If proven guilty, the accused would be meted out a 40-year imprisonment. Bulatlat
Sunday, August 13, 2006
Lack of Justice Sickens the Poor
2 rights lawyers decry breakdown of law under Arroyo
“The poor should have a way to use the justice system for their benefit. The high price of pursuing justice makes the poor choose to evade it.” – FLAG lawyer Jose Manuel Diokno
By Jhong dela Cruz
Bulatlat
The relatives of 21-year-old Jonas “Chukoy” Nucum and his brother, Tonton, could only gnash their teeth in anger over their death. They couldn’t immediately bring to court the victims’ alleged killers and they don’t trust the prevailing justice system in the country.
Chukoy died instantly when his throat was slit-open with a knife by a gang member in the urban poor community of Bambang, Tondo on June 2. He was a member of the militant youth Anakbayan (nation’s youth) at the time of his death.
Family shock did not end with Chukoy’s killing. An ex-policeman fired a warning shot in a youth ramble that ensued after the killing. A bullet hit Tonton, 19-year-old brother of Chukoy, when he dashed to take his brother to the Jose Reyes Memorial Hospital. Tonton, also an active member of Anakbayan, also died.
Marietta Nucum, 42, the victims’ aunt, said in a Bulatlat interview, “Hindi kami umaasa na mabigyan ng katarungan yung mga bata” (We’re not hoping justice will be served in the brothers’ killing).
What adds to Marietta’s doubt that justice will be served for her nephews is that persons implicated in the killings are reportedly protected by an influential businessman in Tondo, home to several slum communities which, according to police reports, also remains crime-infested.
In the killings of Chukoy and Tonton, it took their kin two months before they could file formal complaints against the suspects on August 2.
Wenceslao Nucum, father of the victims, said they had filed criminal charges against one Noli also known as (a.k.a.) “Buddha” and Paul Vinirao, for two counts of murder.
Homicide
Nucum said the Bambang police station tried to reduce the charges to homicide. He opposed this, he said, insisting that the accounts of the killing clearly spelled murder. “We’re awaiting subpoena to be issued against the suspects,” he said in Filipino.
Murder suspect Vinirao used to be active with the Philippine Constabulary (PC), now the Philippine National Police (PNP). At the height of youth activism during martial law, he was reportedly involved in the arrests and disappearances of organizers of people’s organizations in Tindalo, Tondo.
Vinirao is now a “right hand” of a former PC man who now runs a chain of medical supply shops in Ermita, Manila. Noli, Chukoy’s alleged killer, also works for the shop owner. The suspects’ link to the businessman, who is apparently influential in Tondo, might elude them from being prosecuted, Nucum said.
“Areglo” has also come into play in the victims’ case. “Areglo” is an extra-legal deal that involves money aimed at silencing a victim or his relatives.
“They tried to bribe us with money,” Nucum said, declining to state an amount. Also, the other party has lobbied with village officials, particularly the chairman, to settle the case through “areglo” to which Chairman Ben Fernando refused. Tonton was serving as baranggay tanod (village security) at the time of his death.
The Nucum brothers’ killings happened amid the spate of politically-motivated murders that, to date, have claimed 725 lives across the country. Among those killed were leaders and members from Anakbayan, League of Filipino Students and other youth-student organizations.
Military
Although the military is widely believed to be behind the killings, not one suspect has been arrested and complaints against many suspects have not been pursued by law enforcement and justice authorities. Like many of the victim’s relatives, those of the Nucum brothers are pessimistic about the outcome of the two cases.
Two prominent human rights lawyers tend to share this public sentiment. Lawyer Manuel Jose Diokno, chair of Free Legal Assistance Group (FLAG), laments that no change has taken place in the judicial system especially since 2001 when President Gloria Macapagal-Arroyo was installed into office.
Diokno told Bulatlat that the widening economic gap between the rich and poor is tied to how the land’s judicial system upholds the poor’s rights. In pursuit of justice, the poor are pushed to the edge, even choosing to get justice in their own hands, Diokno said in an interview.
“Wala kaming nakikitang pagbabago sa hustisya natin sa bansa mula nang maluklok sa puwesto si Arroyo” (We don’t see any change in the country’s justice since Arroyo came into power), he said. The bias of the law for those who could pay and against those who cannot has not changed, he said.
Another lawyer, Neri Colmenares of the Counsels for the Defense of Civil Liberties (CODAL) said the institutions that are supposed to uphold the integrity of justice have been eroded by the personal favors of the administration.
“The role of the judiciary, the prosecution and the investigation do not function well to provide justice for the poor,” he said in a phone interview. “Normally, our justice system does not work for the poor, but now it has worsened because it has been used against perceived enemies of the government,” he added.
Accessibility
Diokno said that the first step toward reform in the justice system is to make it accessible to the poor.
“The poor should have a way to use the justice system for their benefit,” he said. “The high price of pursuing justice makes the poor choose to evade it.”
Many poor people languish in jail simply because they are poor, Colmenares maintained. “They cannot afford the service of lawyers,” he said.
Processes and proceedings in a criminal or civil case that normally takes three years upon filing entail huge amount of money.
According to the CODAL lawyer, acceptance fee for hiring private lawyers is pegged at P30,000, with lawyer’s fee ranging P2,000-P3,000 for every hearing. The court conducts at least six to 10 hearings for a case a year.
Investigation and basic evidence gathering would cost a complainant P20,000-P30,000, as well as court fees, which include payments for transcript and docket fee.
The complainant would pay up the same amount if the defendant files an appeal after conviction.
In attending to the court’s hearings, and in keeping the witnesses, an aggrieved party would also need some P20,000-P30,000.
Pro bono legal assistance provided by “overworked but underpaid” fiscals from the Public Attorneys Office, also comes at a price. Although they are prohibited from collecting fees, some public counsels ask for payment between P5,000-P10,000.
Money talks
But being poor should not be a factor to prove acquittal or guilt, said Colmenares. Long-time imprisonment on grounds of being unable to afford an attorney is itself injustice, he said.
In the remaining three-and-a-half years of Arroyo, rights lawyers foresee the judicial system would deteriorate.
“Kung walang pagbabago sa paglilitis ng kaso dito, lalo lang lalala ang sitwasyon natin…kung sira ang legal system wala na tayong mapupuntahan. Ganun ang nakikita naming direksyon sa ilalim ni Arroyo,” said Diokno. The FLAG chair handles the case of the Tagaytay 5, who were detained on suspicion of being involved in a recent coup plot. Bulatlat
2 rights lawyers decry breakdown of law under Arroyo
“The poor should have a way to use the justice system for their benefit. The high price of pursuing justice makes the poor choose to evade it.” – FLAG lawyer Jose Manuel Diokno
By Jhong dela Cruz
Bulatlat
The relatives of 21-year-old Jonas “Chukoy” Nucum and his brother, Tonton, could only gnash their teeth in anger over their death. They couldn’t immediately bring to court the victims’ alleged killers and they don’t trust the prevailing justice system in the country.
Chukoy died instantly when his throat was slit-open with a knife by a gang member in the urban poor community of Bambang, Tondo on June 2. He was a member of the militant youth Anakbayan (nation’s youth) at the time of his death.
Family shock did not end with Chukoy’s killing. An ex-policeman fired a warning shot in a youth ramble that ensued after the killing. A bullet hit Tonton, 19-year-old brother of Chukoy, when he dashed to take his brother to the Jose Reyes Memorial Hospital. Tonton, also an active member of Anakbayan, also died.
Marietta Nucum, 42, the victims’ aunt, said in a Bulatlat interview, “Hindi kami umaasa na mabigyan ng katarungan yung mga bata” (We’re not hoping justice will be served in the brothers’ killing).
What adds to Marietta’s doubt that justice will be served for her nephews is that persons implicated in the killings are reportedly protected by an influential businessman in Tondo, home to several slum communities which, according to police reports, also remains crime-infested.
In the killings of Chukoy and Tonton, it took their kin two months before they could file formal complaints against the suspects on August 2.
Wenceslao Nucum, father of the victims, said they had filed criminal charges against one Noli also known as (a.k.a.) “Buddha” and Paul Vinirao, for two counts of murder.
Homicide
Nucum said the Bambang police station tried to reduce the charges to homicide. He opposed this, he said, insisting that the accounts of the killing clearly spelled murder. “We’re awaiting subpoena to be issued against the suspects,” he said in Filipino.
Murder suspect Vinirao used to be active with the Philippine Constabulary (PC), now the Philippine National Police (PNP). At the height of youth activism during martial law, he was reportedly involved in the arrests and disappearances of organizers of people’s organizations in Tindalo, Tondo.
Vinirao is now a “right hand” of a former PC man who now runs a chain of medical supply shops in Ermita, Manila. Noli, Chukoy’s alleged killer, also works for the shop owner. The suspects’ link to the businessman, who is apparently influential in Tondo, might elude them from being prosecuted, Nucum said.
“Areglo” has also come into play in the victims’ case. “Areglo” is an extra-legal deal that involves money aimed at silencing a victim or his relatives.
“They tried to bribe us with money,” Nucum said, declining to state an amount. Also, the other party has lobbied with village officials, particularly the chairman, to settle the case through “areglo” to which Chairman Ben Fernando refused. Tonton was serving as baranggay tanod (village security) at the time of his death.
The Nucum brothers’ killings happened amid the spate of politically-motivated murders that, to date, have claimed 725 lives across the country. Among those killed were leaders and members from Anakbayan, League of Filipino Students and other youth-student organizations.
Military
Although the military is widely believed to be behind the killings, not one suspect has been arrested and complaints against many suspects have not been pursued by law enforcement and justice authorities. Like many of the victim’s relatives, those of the Nucum brothers are pessimistic about the outcome of the two cases.
Two prominent human rights lawyers tend to share this public sentiment. Lawyer Manuel Jose Diokno, chair of Free Legal Assistance Group (FLAG), laments that no change has taken place in the judicial system especially since 2001 when President Gloria Macapagal-Arroyo was installed into office.
Diokno told Bulatlat that the widening economic gap between the rich and poor is tied to how the land’s judicial system upholds the poor’s rights. In pursuit of justice, the poor are pushed to the edge, even choosing to get justice in their own hands, Diokno said in an interview.
“Wala kaming nakikitang pagbabago sa hustisya natin sa bansa mula nang maluklok sa puwesto si Arroyo” (We don’t see any change in the country’s justice since Arroyo came into power), he said. The bias of the law for those who could pay and against those who cannot has not changed, he said.
Another lawyer, Neri Colmenares of the Counsels for the Defense of Civil Liberties (CODAL) said the institutions that are supposed to uphold the integrity of justice have been eroded by the personal favors of the administration.
“The role of the judiciary, the prosecution and the investigation do not function well to provide justice for the poor,” he said in a phone interview. “Normally, our justice system does not work for the poor, but now it has worsened because it has been used against perceived enemies of the government,” he added.
Accessibility
Diokno said that the first step toward reform in the justice system is to make it accessible to the poor.
“The poor should have a way to use the justice system for their benefit,” he said. “The high price of pursuing justice makes the poor choose to evade it.”
Many poor people languish in jail simply because they are poor, Colmenares maintained. “They cannot afford the service of lawyers,” he said.
Processes and proceedings in a criminal or civil case that normally takes three years upon filing entail huge amount of money.
According to the CODAL lawyer, acceptance fee for hiring private lawyers is pegged at P30,000, with lawyer’s fee ranging P2,000-P3,000 for every hearing. The court conducts at least six to 10 hearings for a case a year.
Investigation and basic evidence gathering would cost a complainant P20,000-P30,000, as well as court fees, which include payments for transcript and docket fee.
The complainant would pay up the same amount if the defendant files an appeal after conviction.
In attending to the court’s hearings, and in keeping the witnesses, an aggrieved party would also need some P20,000-P30,000.
Pro bono legal assistance provided by “overworked but underpaid” fiscals from the Public Attorneys Office, also comes at a price. Although they are prohibited from collecting fees, some public counsels ask for payment between P5,000-P10,000.
Money talks
But being poor should not be a factor to prove acquittal or guilt, said Colmenares. Long-time imprisonment on grounds of being unable to afford an attorney is itself injustice, he said.
In the remaining three-and-a-half years of Arroyo, rights lawyers foresee the judicial system would deteriorate.
“Kung walang pagbabago sa paglilitis ng kaso dito, lalo lang lalala ang sitwasyon natin…kung sira ang legal system wala na tayong mapupuntahan. Ganun ang nakikita naming direksyon sa ilalim ni Arroyo,” said Diokno. The FLAG chair handles the case of the Tagaytay 5, who were detained on suspicion of being involved in a recent coup plot. Bulatlat
Friday, August 11, 2006
AETA
IN CENTURIES OVER, AETAS WERE REGARDED AS CLASSIC MINORITY. TODAY, THEIR BEING MINORITY HAS PROPELLED THEM TO TAKE UP ARMS TO SURVIVE.TEXT AND PHOTOS BY JHONG DELA CRUZ
A tribe member prefers not to sit on the issues that confront his sector, often regarded as 'monitority'
The Aetas put up a ritual called 'talbeg' where they butchered a pig to denounce the spate of killings that has already claimed 725 lives. At least 72 have been killed belonging to indigenous tribes
Aeta women are warriors too, coming to the protest to fight destructive development projects...
...And kids too
Straight from Zambales, Aetas picket the government's environment department
Peering through a gate, this Aeta kid had seen the excesses of development projects to tribes at early age
Now beyond the kitchen and their houses, these Aeta mothers also trooped to the protest
The string instrument played by a mother, is known traditionally as "gitaha"
Shyly, youngsters, in tow by their mothers, join the protest
Monday, July 31, 2006
Kanor
Nung isang araw ko lang nalaman na kasama na sa listahan ng mga binura laban sa aktibismo si Kanor, isang kakilala.
Pangalawang tagapangulo siya ng Bayan-Pangasinan. Nabaril nung Pebrero pa at sa ospital na binawian ng buhay, sa gitna ng kumplikasyon. Lagpas limang buwan bago nakarating sakin ang balita.
Kung paano? Sinu-surveillance ng militar ang tagapangulo ng Bayan-Pangasinan, Fr. Terry. Lumabas sa ilang report sa internet na siya naman ngayon ang mainit sa mata ng militar sa Pangasinan, matapos na patayin si Apo Jose, tagapangulo ng kilusang magsasaka sa probinsya, at kanyang pangkalahatang kalihim.
Nung isang buwan ay dinukot si Jay, organisador ng Piston, sa Pangasinan. Inilabas siya kasama ng tatlong iba, matapos ang ilang araw na torture sa kamay ng militar sa Pampanga.
Iba pag kakilala ang biktima ng pamamaslang. Dati, tila istadistika lang sa dating ng mga pangalawang itinumba ng punglo. Ngayo'y oras-oras na nakikipagtitigan sa bala ang mga kasama. At ang pangamba sa buhay, ngayo'y ramdam ng kahit 'di personal na kakilala.
Nabubuhay ako sa panahong maraming dapat isulat, maraming humihingi ng hustisya dahil hindi sila magawaran ng umiiral na estado ng mga buhong at palalo. Kung nakakamatay lang ang mura.
Si Kuya Kanor, masayahin dahil tabatsoy. Eksentriko sa istilo ng pamumuhay. Pero tibak pa rin ang turing. Si Apo, matibay na sandigan ng mga magsasaka sa Pangasinan.
At si Fr. Terry, na pangalawang tatay ko sa turing. Nang batiin ko siya ng happy fathers' day nung nakaraang taon, ganito ang kanyang sinabi sa text, "Salamat po sa pagbati. Ingat lagi."
"Ingat lagi, mga kasama. Walang ibang salalayan ng ligtas na pagkilos kundi tayo at ating mga sarili...
Pangalawang tagapangulo siya ng Bayan-Pangasinan. Nabaril nung Pebrero pa at sa ospital na binawian ng buhay, sa gitna ng kumplikasyon. Lagpas limang buwan bago nakarating sakin ang balita.
Kung paano? Sinu-surveillance ng militar ang tagapangulo ng Bayan-Pangasinan, Fr. Terry. Lumabas sa ilang report sa internet na siya naman ngayon ang mainit sa mata ng militar sa Pangasinan, matapos na patayin si Apo Jose, tagapangulo ng kilusang magsasaka sa probinsya, at kanyang pangkalahatang kalihim.
Nung isang buwan ay dinukot si Jay, organisador ng Piston, sa Pangasinan. Inilabas siya kasama ng tatlong iba, matapos ang ilang araw na torture sa kamay ng militar sa Pampanga.
Iba pag kakilala ang biktima ng pamamaslang. Dati, tila istadistika lang sa dating ng mga pangalawang itinumba ng punglo. Ngayo'y oras-oras na nakikipagtitigan sa bala ang mga kasama. At ang pangamba sa buhay, ngayo'y ramdam ng kahit 'di personal na kakilala.
Nabubuhay ako sa panahong maraming dapat isulat, maraming humihingi ng hustisya dahil hindi sila magawaran ng umiiral na estado ng mga buhong at palalo. Kung nakakamatay lang ang mura.
Si Kuya Kanor, masayahin dahil tabatsoy. Eksentriko sa istilo ng pamumuhay. Pero tibak pa rin ang turing. Si Apo, matibay na sandigan ng mga magsasaka sa Pangasinan.
At si Fr. Terry, na pangalawang tatay ko sa turing. Nang batiin ko siya ng happy fathers' day nung nakaraang taon, ganito ang kanyang sinabi sa text, "Salamat po sa pagbati. Ingat lagi."
"Ingat lagi, mga kasama. Walang ibang salalayan ng ligtas na pagkilos kundi tayo at ating mga sarili...
Thursday, July 27, 2006
Ulan
Magkapatid bang ipinanganak ang luha at ulan? Nakikita ng mata ang pagtangis.
Panay ang ulan ngayon, dala ng bagyo. Masarap magkalipumpon sa kumot (parang bulaklak sa palad na tiniklop).
Ilang ulit ko ding tinititigan ang abuhin, magaygay nang alpombra ng bahay, bago maidlip. Ang ganitong pakiramdam, na nakatitig sa walang-pagsidlang malawak, ay ‘di katulad ng pagtanaw sa ilalim ng banging nakakalula.
Bagkus, para akong inaangat sa lapag.
Ilang araw nang umuulan. Mahangin, malamig at masarap sa lahat ang magkape. (At manuod ng sine (:
Ang lamig sa talampakan ng ulan. Magtampisaw!
Ang ulan, isang balabal na nagdudulot ng sakit-sakit sa lahat. Ang ubo at sipon ng isa’y hawa sa iba. Gayunpaman, masarap pa ring magkape, ng sama-sama.
Panay ang ulan ngayon, dala ng bagyo. Masarap magkalipumpon sa kumot (parang bulaklak sa palad na tiniklop).
Ilang ulit ko ding tinititigan ang abuhin, magaygay nang alpombra ng bahay, bago maidlip. Ang ganitong pakiramdam, na nakatitig sa walang-pagsidlang malawak, ay ‘di katulad ng pagtanaw sa ilalim ng banging nakakalula.
Bagkus, para akong inaangat sa lapag.
Ilang araw nang umuulan. Mahangin, malamig at masarap sa lahat ang magkape. (At manuod ng sine (:
Ang lamig sa talampakan ng ulan. Magtampisaw!
Ang ulan, isang balabal na nagdudulot ng sakit-sakit sa lahat. Ang ubo at sipon ng isa’y hawa sa iba. Gayunpaman, masarap pa ring magkape, ng sama-sama.
Saturday, July 15, 2006
Nicole’s Testimony Strong and Unimpeached ― Prosecution
BY JHONG DELA CRUZ
Bulatlat
Her family, lawyers and supporters hugged her and heaved a sigh of relief as Nicole, the 22 year-old Filipina complainant in the Subic rape case, emerged without a tear from the witness stand.
Nicole filed rape charges against main accused Lance Corporal Daniel Smith and three more U.S. Marines namely, Lance Corporals Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad Carpentier, who allegedly cheered while Smith allegedly raped Nicole inside a cruising van at Subic Bay Freeport on Nov. 1.
Nicole’s private lawyer Evalyn Ursua maintained that Nicole’s testimony accusing the four U.S. Marines of rape remains strong.
“They failed to destroy Nicole’s statement,” she said.
Ursua concluded that the defense failed to disprove Nicole’s testimony when it chose not to further throw questions during the cross-examination.
This, after only Patricia Formosa, lawyer of main accused Smith, questioned Nicole on the issues of intoxication and her relationship with U.S. servicemen. The court session lasted for only about 40 minutes.
The defense, headed by lawyer Jose Justiniano, told reporters after the session that Nicole’s testimony was “unreliable”.
Ashamed
Nicole was composed during Friday’s direct examination, compared to the three previous trial days when she narrated the events leading to her alleged rape, which caused her “re-traumatization”.
Formosa asked Nicole to recall the lapses of time in between the drinks that the 22-year old Filipina took on the night of November 1 when the alleged rape occurred. Nicole drunk at least six times at Neptune bar when she was dragged outside by Smith into a waiting van.
Nicole, who begun her direct testimony on July 6, testified that she was too drunk to fight off the sexual assault that happened inside a cruising van.
Asked whether she thought of settling in the U.S., Nicole clarified she would go there only to finally settle with her boyfriend Brian Goodrich. Nicole revealed in her testimony yesterday, that her case has hampered her from processing her papers to the U.S.
But it was Judge Benjamin Pozon’s clarificatory questioning that pushed Nicole at the brink of tears during Friday’s court session.
Pozon asked the details of how Nicole struggled to prevent Smith from assaulting her, and how she subsequently reported to authorities about the alleged rape.
Nicole could only recall that she fought and shouted. But being scared, weak and dizzy from intoxication, her efforts failed.
The judge further asked how Smith played with Nicole’s breast during the assault. The victim looked down and whispered, “Nahihiya ako.” (I am ashamed.)
“How did Smith kiss you on the neck and lips?” asked Pozon.
Nicole answered, “Basta hinalikan lang niya ako.” (All I remembered was that he kissed me.)
When a guard of the Neptune club saw how she was “dumped like a pig” from the van, Pozon asked why she didn’t immediately told him what happened.
She only told the guard that Smith did something “bad” to her. Asked what she meant by “something bad” she told the court, “Rape.”
“Hindi naman ako proud na sabihin sa mga tao na na-rape ako,” (I am not proud to tell other people that I was raped.) she said.
On July 17, the prosecution is set to present Timoteo Soriano, the driver of the rented Starex van where the crime took place. Soriano told authorities during the pre-trial investigation that what happened was gang-rape. But he later recanted his statement and claimed that he was only forced to say so.
The prosecution has presented 20 witnesses, including Nicole, and will present five more in the next trial dates. The panel had originally prepared 40 witnesses, but the number was reduced to 25, because some witnesses would only give supporting testimonies.
Less traumatic
Dr. June Pagaduan-Lopez, a psychiatrist and Nicole’s therapist, heaved a sigh of relief after the short cross-examination.
“We felt relieved because it is now over, it’s less traumatic for Nicole,” said Pagaduan-Lopez.
She asserted that though Nicole suffers from selective memory, it is but natural for victims of sexual assault.
“There are patients who could not remember what happened to them and only through counseling, in the process of recovering, are they able to recall everything,” she said. These patients, she told Bulatlat, would stay “blank” and suffer for long time.
Earlier, she said, Nicole also had to face her anger at the violator who, Lopez noted, has removed from the victim her sense of self-control. She also has to confront her anger at herself for allowing the assault to happen.
This explains Nicole’s sudden outburst the week that she took the witness stand. During Monday’s hearing, Nicole hit Smith with her bag when the latter reportedly tripped her upon entering the courtroom. On Thursday, Nicole told the court she wanted to kill her perpetrators if she could because they destroyed her dignity.
Ryan, 23, Nicole’s older brother said in an interview that the family could now relax after weeks of prayers for his sister.
Ryan said he chose to be with Nicole during the court sessions. His job as sales management officer in a manufacturing company had already been affected by the case.
“Our family even got closer because of this case…our support for her (Nicole) cause remain strong,” he said. Bulatlat
Bulatlat
Her family, lawyers and supporters hugged her and heaved a sigh of relief as Nicole, the 22 year-old Filipina complainant in the Subic rape case, emerged without a tear from the witness stand.
Nicole filed rape charges against main accused Lance Corporal Daniel Smith and three more U.S. Marines namely, Lance Corporals Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad Carpentier, who allegedly cheered while Smith allegedly raped Nicole inside a cruising van at Subic Bay Freeport on Nov. 1.
Nicole’s private lawyer Evalyn Ursua maintained that Nicole’s testimony accusing the four U.S. Marines of rape remains strong.
“They failed to destroy Nicole’s statement,” she said.
Ursua concluded that the defense failed to disprove Nicole’s testimony when it chose not to further throw questions during the cross-examination.
This, after only Patricia Formosa, lawyer of main accused Smith, questioned Nicole on the issues of intoxication and her relationship with U.S. servicemen. The court session lasted for only about 40 minutes.
The defense, headed by lawyer Jose Justiniano, told reporters after the session that Nicole’s testimony was “unreliable”.
Ashamed
Nicole was composed during Friday’s direct examination, compared to the three previous trial days when she narrated the events leading to her alleged rape, which caused her “re-traumatization”.
Formosa asked Nicole to recall the lapses of time in between the drinks that the 22-year old Filipina took on the night of November 1 when the alleged rape occurred. Nicole drunk at least six times at Neptune bar when she was dragged outside by Smith into a waiting van.
Nicole, who begun her direct testimony on July 6, testified that she was too drunk to fight off the sexual assault that happened inside a cruising van.
Asked whether she thought of settling in the U.S., Nicole clarified she would go there only to finally settle with her boyfriend Brian Goodrich. Nicole revealed in her testimony yesterday, that her case has hampered her from processing her papers to the U.S.
But it was Judge Benjamin Pozon’s clarificatory questioning that pushed Nicole at the brink of tears during Friday’s court session.
Pozon asked the details of how Nicole struggled to prevent Smith from assaulting her, and how she subsequently reported to authorities about the alleged rape.
Nicole could only recall that she fought and shouted. But being scared, weak and dizzy from intoxication, her efforts failed.
The judge further asked how Smith played with Nicole’s breast during the assault. The victim looked down and whispered, “Nahihiya ako.” (I am ashamed.)
“How did Smith kiss you on the neck and lips?” asked Pozon.
Nicole answered, “Basta hinalikan lang niya ako.” (All I remembered was that he kissed me.)
When a guard of the Neptune club saw how she was “dumped like a pig” from the van, Pozon asked why she didn’t immediately told him what happened.
She only told the guard that Smith did something “bad” to her. Asked what she meant by “something bad” she told the court, “Rape.”
“Hindi naman ako proud na sabihin sa mga tao na na-rape ako,” (I am not proud to tell other people that I was raped.) she said.
On July 17, the prosecution is set to present Timoteo Soriano, the driver of the rented Starex van where the crime took place. Soriano told authorities during the pre-trial investigation that what happened was gang-rape. But he later recanted his statement and claimed that he was only forced to say so.
The prosecution has presented 20 witnesses, including Nicole, and will present five more in the next trial dates. The panel had originally prepared 40 witnesses, but the number was reduced to 25, because some witnesses would only give supporting testimonies.
Less traumatic
Dr. June Pagaduan-Lopez, a psychiatrist and Nicole’s therapist, heaved a sigh of relief after the short cross-examination.
“We felt relieved because it is now over, it’s less traumatic for Nicole,” said Pagaduan-Lopez.
She asserted that though Nicole suffers from selective memory, it is but natural for victims of sexual assault.
“There are patients who could not remember what happened to them and only through counseling, in the process of recovering, are they able to recall everything,” she said. These patients, she told Bulatlat, would stay “blank” and suffer for long time.
Earlier, she said, Nicole also had to face her anger at the violator who, Lopez noted, has removed from the victim her sense of self-control. She also has to confront her anger at herself for allowing the assault to happen.
This explains Nicole’s sudden outburst the week that she took the witness stand. During Monday’s hearing, Nicole hit Smith with her bag when the latter reportedly tripped her upon entering the courtroom. On Thursday, Nicole told the court she wanted to kill her perpetrators if she could because they destroyed her dignity.
Ryan, 23, Nicole’s older brother said in an interview that the family could now relax after weeks of prayers for his sister.
Ryan said he chose to be with Nicole during the court sessions. His job as sales management officer in a manufacturing company had already been affected by the case.
“Our family even got closer because of this case…our support for her (Nicole) cause remain strong,” he said. Bulatlat
Tuesday, July 11, 2006
Nicole's Injuries Consistent with Rape - Expert
BY JHONG DELA CRUZ
Posted 8:45 p.m. July 11, 2006
During the hearing today, July 11, of the Subic rape trial, forensic expert Dr. Raquel Fortun said that the injuries sustained by Nicole indicate that rape and not consensual sex took place on the night of Nov. 1 last year. This debunked earlier claims by the defense counsels that Nicole gave her consent to have sex with Lance Corporal Daniel Smith, the main suspect in the controversial rape case.
Reading from a medico-legal report earlier presented to the court by Dr. Rolando Ortiz III, Fortun cited the contusions on both sides of the labia minora, which were indicative of forcible entry by a blunt object.
Nicole sustained five contusions, two of which were located on her left and right arms, one near the right wrist, on the right leg and inside her private part. Fortun said that the first two contusions are correlated "in terms of how they were sustained."
The contusions in her labia minora were due to blunt force. "This could be a result of forcible penetration in the opening either by a blunt object or by an erect penis," said the forensic pathologist.
Fortun noted that the dark red color of the contusions and the presence of unusual tenderness, as the report read, indicate that there is pain.
"In a normal consensual sexual activity, injuries in the genitalia are unusual, but if non-consensual, injuries in the genitalia would be consistent to that of the extra-genitalia injuries," she said.
She said that injuries could occur depending on the position or tilt of the pelvis and if the female partner is not relaxed and resists. The result, she said, would be that the sustaining injury would be "higher" because the vagina is not receptive to the thrust of the penis.
She noted that in a consensual sex, there would be lubrication by the vagina to facilitate the entry of the penis, citing a 1997 book entitled “Sexual Assault.”
Private prosecutor Evalyn Ursua said that Fortun's interpretation of the medico-legal report has corroborated the claim by the complainant that rape was committed.
The prosecution also argued that the absence of seminal fluid in the condom and underwear would not sufficiently support the defense panel's claim that there was no intercourse. Fortun said that the method used by the Philippine National Police (PNP) crime laboratory in examining the two specimens, the condom and underwear, were "obsolete" and is no longer used in modern-day testing.
The PNP crime laboratory used the Florence test in concluding that there was no seminal stain found in the two specimens. Fortun said the method is never or hardly ever mentioned in modern-day medical literature because of its "unreliability".
Citing the book “Modern Day Investigation,” published in 1952, Fortun told the court that Florence test, used since 1896, has limitations because it is not specific.
Defense counsel Jose Justiniano reacted saying "It is unfair (to the police) to be labelled as ignoramus."
Chief Inspector Mamerto Bernabe Jr. conducted the testing on the condom. But he is currently undergoing training in the U.S. and will return only later this year.
"What Dr. Fortun had said is that the results of the testing of the two specimens are unreliable because of the method used. This should tell our police to update their method…dapat magkaroon ng pagbabago sa examination ng specimens," (There should be an improvement in the method of examining specimens.) Ursua said.
The prosecution also urged the court to accept literature citing the use of condom by a few rapists to save themselves from acquiring diseases or to evade leaving sperm from which their DNA can be taken.
When asked by Bulatlat about the condition of Nicole, Dr. June Pagaduan-Lopez, the therapist of the 22-year old victim, said, "As you see, Nicole is managing…nakakaraos naman." (She is able to get by.)
Nicole was angered Monday when she was allegedly tripped by Smith while entering the courtroom, prompting her to hit the U.S. Marine with her bag.
Lopez said that Nicole's outburst of anger was "healthy" because it is now directed towards the right subject.
The prosecution is leading a six-month old court battle for Nicole who filed rape charges against Smith and three more U.S. Marines namely, Lance Corporals Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad Carpentier, who allegedly cheered while Smith was allegedly raping Nicole inside a cruising van at Subic Bay Freeport. Bulatlat
Posted 8:45 p.m. July 11, 2006
During the hearing today, July 11, of the Subic rape trial, forensic expert Dr. Raquel Fortun said that the injuries sustained by Nicole indicate that rape and not consensual sex took place on the night of Nov. 1 last year. This debunked earlier claims by the defense counsels that Nicole gave her consent to have sex with Lance Corporal Daniel Smith, the main suspect in the controversial rape case.
Reading from a medico-legal report earlier presented to the court by Dr. Rolando Ortiz III, Fortun cited the contusions on both sides of the labia minora, which were indicative of forcible entry by a blunt object.
Nicole sustained five contusions, two of which were located on her left and right arms, one near the right wrist, on the right leg and inside her private part. Fortun said that the first two contusions are correlated "in terms of how they were sustained."
The contusions in her labia minora were due to blunt force. "This could be a result of forcible penetration in the opening either by a blunt object or by an erect penis," said the forensic pathologist.
Fortun noted that the dark red color of the contusions and the presence of unusual tenderness, as the report read, indicate that there is pain.
"In a normal consensual sexual activity, injuries in the genitalia are unusual, but if non-consensual, injuries in the genitalia would be consistent to that of the extra-genitalia injuries," she said.
She said that injuries could occur depending on the position or tilt of the pelvis and if the female partner is not relaxed and resists. The result, she said, would be that the sustaining injury would be "higher" because the vagina is not receptive to the thrust of the penis.
She noted that in a consensual sex, there would be lubrication by the vagina to facilitate the entry of the penis, citing a 1997 book entitled “Sexual Assault.”
Private prosecutor Evalyn Ursua said that Fortun's interpretation of the medico-legal report has corroborated the claim by the complainant that rape was committed.
The prosecution also argued that the absence of seminal fluid in the condom and underwear would not sufficiently support the defense panel's claim that there was no intercourse. Fortun said that the method used by the Philippine National Police (PNP) crime laboratory in examining the two specimens, the condom and underwear, were "obsolete" and is no longer used in modern-day testing.
The PNP crime laboratory used the Florence test in concluding that there was no seminal stain found in the two specimens. Fortun said the method is never or hardly ever mentioned in modern-day medical literature because of its "unreliability".
Citing the book “Modern Day Investigation,” published in 1952, Fortun told the court that Florence test, used since 1896, has limitations because it is not specific.
Defense counsel Jose Justiniano reacted saying "It is unfair (to the police) to be labelled as ignoramus."
Chief Inspector Mamerto Bernabe Jr. conducted the testing on the condom. But he is currently undergoing training in the U.S. and will return only later this year.
"What Dr. Fortun had said is that the results of the testing of the two specimens are unreliable because of the method used. This should tell our police to update their method…dapat magkaroon ng pagbabago sa examination ng specimens," (There should be an improvement in the method of examining specimens.) Ursua said.
The prosecution also urged the court to accept literature citing the use of condom by a few rapists to save themselves from acquiring diseases or to evade leaving sperm from which their DNA can be taken.
When asked by Bulatlat about the condition of Nicole, Dr. June Pagaduan-Lopez, the therapist of the 22-year old victim, said, "As you see, Nicole is managing…nakakaraos naman." (She is able to get by.)
Nicole was angered Monday when she was allegedly tripped by Smith while entering the courtroom, prompting her to hit the U.S. Marine with her bag.
Lopez said that Nicole's outburst of anger was "healthy" because it is now directed towards the right subject.
The prosecution is leading a six-month old court battle for Nicole who filed rape charges against Smith and three more U.S. Marines namely, Lance Corporals Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad Carpentier, who allegedly cheered while Smith was allegedly raping Nicole inside a cruising van at Subic Bay Freeport. Bulatlat
Saturday, July 08, 2006
Nicole’s Ordeal Should Educate
(published in Bulatlat.com, reporter's copy)
Women undergoing the same ordeal as that of Nicole’s can learn a lot from the 22-year old Filipina’s trial by invoking the same confidence and courage that she had shown.
Nicole mustered enough courage to tell her story in a packed courtroom on Thursday during her first testimony on witness stand. Although emotional, even crying and faltering at times, months of counseling and de-briefing paid up during her testimony at the Makati regional trial court branch-139.
Dr. June Pagaduan-Lopez, Nicole’s therapist, stressed that the media are crucial in telling the victim’s side of the story, but more importantly, it can raise awareness of the public toward women’s rights, victim’s plight and even the political or economic accords binding the Philippines with imperial countries like the United States that had impacted Filipino women in years.
Tool for truth
A basic step in telling the truth about abuse is learning to tell it by details, said Lopez, who is undertaking counseling for five to six more victims of rape.
In unveiling their ordeal, victims tend to be illogical and selective in recalling memories. This is expected of them especially those who suffer trauma, said Lopez.
Details may be obscure at the beginning as a manifestation of a victim’s rigid “re -traumatization.” Such painstaking process would slowly match portions of the mistreatment to complete the whole picture of abuse, which requires weekly doze of administering as in the case of Nicole.
Lopez noted that for twice a week in months before Nicole’s testimony, she conducted counseling sessions for the victim. But now that it is Nicole’s time on the witness stand, their chance to talk has been reduced to only one.
To regain trust, Nicole also had to face anger at the violator who, Lopez noted, has removed from the victim her sense of self-control; and anger at herself for allowing the assault to happen.
A victim can feel so down for quite a time, which could be slowed down through drug such as anti-depressants, she said. Nicole had to take anti-depressant drug only in April.
Establishing safety, psychologically and emotionally would help the victims accept their ordeal and lead them to re-tell their stories but this time, with a different view instead of distrust and deceit.
Courage to fight
Lopez revealed what kept Nicole assured was the “unconditional support from her family” who backed her struggle for justice.
“It was easy for her to keep silent or just compromise, but she chose to fight. Her courage is her contribution to the Philippine society,” said the therapist, adding that Nicole’s testimony, opened publicly, was also aimed at generating sympathy for all the victims of sexual assault.
The prosecution panel is leading a six-month old court proceedings for Nicole after that faithful day on November 1 last year when a vacation spree in Subic Bay Freeport turned into nightmare.
Lopez warned Nicole’s recollection of the sexual assault may cause her chronic post traumatic stress disorder, one which is irreversible. This early, Nicole is experiencing severe traumatic stress after appearing before a public to testify and narrate in details what transpired on the night of November 1.
Nicole, who tags along her mother during court hearings, apparently still suffering from severe stress the day before, wasn’t able to show up on Friday to continue her trial. Private lawyer Evalyn Ursua of the Women’s Legal Bureau, relayed to the court that Nicole would like to take a rest.
Senior state prosecutor Emily Fe delos Santos said they hope Nicole will regain composure before Monday to continue her testimony and face for the second time around, the four U.S. service men that allegedly connived to undertake the sexual assault.
Cries
Nicole burst into tears five times during her nearly four-hour testimony on Thursday, where she positively identified Lance Cpl. Daniel Smith as the one who undertook the sexual assault.
Smith was said to have been cheered on by Lance Corporal Dominic Duplantis, Keith Silkwood and Staff Sergeant Chad Carpentier during the sexual assault inside a moving van.
Lopez said crying helped Nicole recover her composure while on stand. She or Nicole’s mother immediately ran to her side whenever she cried, giving her fighting words such as, “Huwag [kang] pa-baby-baby dahil pagkatao [mo] ang ipinaglalaban natin dito,” or “Kaya mo yan nandito lang kami.”
Lopez said on these occasions, Nicole felt betrayed as she was used to meeting and being nice to U.S. soldiers back in their hometown in Zamboanga, where she managed a family-owned canteen, only a stone’s throw away from a detachment that housed the soldiers participating in the joint military exercises last year.
The canteen would serve as hang-out for the soldiers, who during vacant hours would play cards with Nicole and her siblings, or just chat with them. The soldiers in exchange would entrust withdrawing their money to Nicole or her siblings from the ATM.
Two soldiers eventually won their trust, Carlos Ocasio and Chris Mills of the U.S. Navy, who were treated as members of the family. Another one, Brian Goodrich, a U.S. soldier with the 12th Marines Operations Platoon based in Okinawa, Japan became her boyfriend.
Nicole had said words like, “trusted”,“feeling safe”, “pinapahalagahan” and “sanay” to show how established was her relationships with the foreign soldiers. This bond would later make her decide together with two half-sisters, to accept Ocasio and Mill’s invitation to Subic in Zambales to visit popular attractions a week before October 30, their travel date.
When they arrived in Subic on Oct. 30 by plane, also a former base for U.S. army in the 80’s, they didn’t stay long at Legenda Hotel and immediately transferred to Grand Leisure Hotel, where they would be staying for three nights.
For the next two days and two nights, Nicole and stepsister Annaliza Franco, would spend their time in bars, casino and duty free shops. Until Nov. 1, a Tuesday and holiday, when at noon, they went to San Roque Chapel to pay tribute to her father, also a Philippine Navy officer at the time of his death in 1989.
Back at the hotel at about 6:30 p.m., she and Annaliza met Mills who introduced them with one “Garcia”, the latter’s liberty buddy. After eating pizza, they proceeded to the casino and played until 8:20 p.m.
Neptune
The first time Nicole saw Neptune bar on Oct. 30, she liked dancing.
The second time she went to Neptune with Chris, Annaliza and Garcia, she liked to drink thinking she was on vacation to enjoy. Here, she was familiarized to alcoholic drinks like vodka sprite, B52, B53, Singaporean sling, Long Island ice tea and Bullfrog.
She remembered drinking some “bottoms up or straight,” some, half a glass and some, half a pitcher.
Between 8:30 and 9 p.m., after four rounds of orders, Chris, Annaliza and Nicole danced. While dancing, she remembered being pulled off by the wrist by a foreigner, away from the two.
“Natakot ako…hindi ko siya kilala tapos bigla niya akong hinila,” she told the court.
She threw a dagger look at Mills, intending to ask whether it was alright to dance with a stranger. Mills responded saying, “It’s okay, go on…enjoy,” adding a reminder to Smith to take care of her.
Their first encounter lasted for about three to four songs, where Nicole asked the foreigner questions like, from what branch of service does he belong, how old he is and from state in U.S. he lives.
Nicole, feeling dizzy at this time, was only able to recall hearing his name, “Gerard” or “Genard,” and his age, at 20, his line of service, “Marines.”
The service man, she observed has a heart-shaped face, white-skinned and tall.
From there, now at their table, Nicole recalled seeing 2 to 3 U.S. service women whom she earlier met in Zamboanga. She said she felt “safe” upon seeing them.
After drinking Long Island ice tea, she and Annaliza again danced at the floor of the bar. Feeling even dizzier, she couldn’t recall why suddenly Smith had appeared and Annaliza, gone.
“Natatandaan ko na nakaharap ako sa kanya, pinapatalikod niya ako pero everytime [na gawin niya ito] humaharap ako.”
She likes facing her partner during dances, she said. For three of four times, Smith was doing this, she added.
After dancing she recalled being able to drink half a pitcher of Bullfrog, this time, he noticed three foreigners facing her at the table. The three were cheering her on, “Whoa!”
Losing track of time, she only remembered being asked to get out of the bar by Smith, saying it was hot inside. She refused, saying she was waiting for her sister.
Smith was insistent, grabbing her by the wrist, and by a hazy memory, she remembered seeing an identification card but failing to recall what was written on it.
Last time she knew, “May nakapatong na sa akin, nakahiga ako…nararamdaman ko [ang] weight niya…hinahalikan niya ako.”
Asked in what position she was in, she said, “Nakatihaya po,” and who was on top of her, “Si Smith po.”
The courtroom fell silent at 4:10 p.m. while the young Filipina cried and sobbed for the fifth time, prompting Judge Benjamin Pozon to adjourn the trial for continuation.
Political issue
Chants from militant groups can be heard from inside the courtroom, fighting for Nicole and against unfair policies that the Philippines had entered into with the U.S.
Dr. Lopez said somehow, Nicole has appreciated the attention her case has been getting from the media. In turn, she is being educated by the circumstances her ordeal had brought to the public.
Her family would rather prefer an “unpoliticized” treatment of the case, but this is inevitable since policies concerning two governments that wanted tighter accords on security were factor in the context of the controversial rape case.
The prosecution is contesting the provisions in the Visiting Forces Agreement that limit the period wherein U.S. servicemen could only be tried under a Philippine court to only one year.
Lopez said the provision would only benefit the accused, while forcing the complainant’s party to scrimp with the remaining six months of the year.
In June, Ursua had filed a petition for certiorari seeking full custody of the four U.S. servicemen involved in the rape case. If granted, this would prevent the soldiers from getting off the hook, as in the previous cases involving U.S. soldiers, she noted.
For her part, Nicole could seek refuge from support groups holding various forms of protest to back her case, which according to Lopez, is also “therapeutic.”
Apart from militant Gabriela, logistics for Nicole’s trial is being supported by another non-government organization, TOWNS (Ten Outstanding Women of the Nation in Service).
Looking ahead more constructively, Nicole should be able to learn to convert her ordeal into “advocacy” where she could become a counsel or organizer for those who have become prey to rape and sexual abuse.
This, she noted, if the Philippine justice system sides with Nicole, who has become an embodiment of a woman’s courage to face her trial, with fellow women behind her.#
Women undergoing the same ordeal as that of Nicole’s can learn a lot from the 22-year old Filipina’s trial by invoking the same confidence and courage that she had shown.
Nicole mustered enough courage to tell her story in a packed courtroom on Thursday during her first testimony on witness stand. Although emotional, even crying and faltering at times, months of counseling and de-briefing paid up during her testimony at the Makati regional trial court branch-139.
Dr. June Pagaduan-Lopez, Nicole’s therapist, stressed that the media are crucial in telling the victim’s side of the story, but more importantly, it can raise awareness of the public toward women’s rights, victim’s plight and even the political or economic accords binding the Philippines with imperial countries like the United States that had impacted Filipino women in years.
Tool for truth
A basic step in telling the truth about abuse is learning to tell it by details, said Lopez, who is undertaking counseling for five to six more victims of rape.
In unveiling their ordeal, victims tend to be illogical and selective in recalling memories. This is expected of them especially those who suffer trauma, said Lopez.
Details may be obscure at the beginning as a manifestation of a victim’s rigid “re -traumatization.” Such painstaking process would slowly match portions of the mistreatment to complete the whole picture of abuse, which requires weekly doze of administering as in the case of Nicole.
Lopez noted that for twice a week in months before Nicole’s testimony, she conducted counseling sessions for the victim. But now that it is Nicole’s time on the witness stand, their chance to talk has been reduced to only one.
To regain trust, Nicole also had to face anger at the violator who, Lopez noted, has removed from the victim her sense of self-control; and anger at herself for allowing the assault to happen.
A victim can feel so down for quite a time, which could be slowed down through drug such as anti-depressants, she said. Nicole had to take anti-depressant drug only in April.
Establishing safety, psychologically and emotionally would help the victims accept their ordeal and lead them to re-tell their stories but this time, with a different view instead of distrust and deceit.
Courage to fight
Lopez revealed what kept Nicole assured was the “unconditional support from her family” who backed her struggle for justice.
“It was easy for her to keep silent or just compromise, but she chose to fight. Her courage is her contribution to the Philippine society,” said the therapist, adding that Nicole’s testimony, opened publicly, was also aimed at generating sympathy for all the victims of sexual assault.
The prosecution panel is leading a six-month old court proceedings for Nicole after that faithful day on November 1 last year when a vacation spree in Subic Bay Freeport turned into nightmare.
Lopez warned Nicole’s recollection of the sexual assault may cause her chronic post traumatic stress disorder, one which is irreversible. This early, Nicole is experiencing severe traumatic stress after appearing before a public to testify and narrate in details what transpired on the night of November 1.
Nicole, who tags along her mother during court hearings, apparently still suffering from severe stress the day before, wasn’t able to show up on Friday to continue her trial. Private lawyer Evalyn Ursua of the Women’s Legal Bureau, relayed to the court that Nicole would like to take a rest.
Senior state prosecutor Emily Fe delos Santos said they hope Nicole will regain composure before Monday to continue her testimony and face for the second time around, the four U.S. service men that allegedly connived to undertake the sexual assault.
Cries
Nicole burst into tears five times during her nearly four-hour testimony on Thursday, where she positively identified Lance Cpl. Daniel Smith as the one who undertook the sexual assault.
Smith was said to have been cheered on by Lance Corporal Dominic Duplantis, Keith Silkwood and Staff Sergeant Chad Carpentier during the sexual assault inside a moving van.
Lopez said crying helped Nicole recover her composure while on stand. She or Nicole’s mother immediately ran to her side whenever she cried, giving her fighting words such as, “Huwag [kang] pa-baby-baby dahil pagkatao [mo] ang ipinaglalaban natin dito,” or “Kaya mo yan nandito lang kami.”
Lopez said on these occasions, Nicole felt betrayed as she was used to meeting and being nice to U.S. soldiers back in their hometown in Zamboanga, where she managed a family-owned canteen, only a stone’s throw away from a detachment that housed the soldiers participating in the joint military exercises last year.
The canteen would serve as hang-out for the soldiers, who during vacant hours would play cards with Nicole and her siblings, or just chat with them. The soldiers in exchange would entrust withdrawing their money to Nicole or her siblings from the ATM.
Two soldiers eventually won their trust, Carlos Ocasio and Chris Mills of the U.S. Navy, who were treated as members of the family. Another one, Brian Goodrich, a U.S. soldier with the 12th Marines Operations Platoon based in Okinawa, Japan became her boyfriend.
Nicole had said words like, “trusted”,“feeling safe”, “pinapahalagahan” and “sanay” to show how established was her relationships with the foreign soldiers. This bond would later make her decide together with two half-sisters, to accept Ocasio and Mill’s invitation to Subic in Zambales to visit popular attractions a week before October 30, their travel date.
When they arrived in Subic on Oct. 30 by plane, also a former base for U.S. army in the 80’s, they didn’t stay long at Legenda Hotel and immediately transferred to Grand Leisure Hotel, where they would be staying for three nights.
For the next two days and two nights, Nicole and stepsister Annaliza Franco, would spend their time in bars, casino and duty free shops. Until Nov. 1, a Tuesday and holiday, when at noon, they went to San Roque Chapel to pay tribute to her father, also a Philippine Navy officer at the time of his death in 1989.
Back at the hotel at about 6:30 p.m., she and Annaliza met Mills who introduced them with one “Garcia”, the latter’s liberty buddy. After eating pizza, they proceeded to the casino and played until 8:20 p.m.
Neptune
The first time Nicole saw Neptune bar on Oct. 30, she liked dancing.
The second time she went to Neptune with Chris, Annaliza and Garcia, she liked to drink thinking she was on vacation to enjoy. Here, she was familiarized to alcoholic drinks like vodka sprite, B52, B53, Singaporean sling, Long Island ice tea and Bullfrog.
She remembered drinking some “bottoms up or straight,” some, half a glass and some, half a pitcher.
Between 8:30 and 9 p.m., after four rounds of orders, Chris, Annaliza and Nicole danced. While dancing, she remembered being pulled off by the wrist by a foreigner, away from the two.
“Natakot ako…hindi ko siya kilala tapos bigla niya akong hinila,” she told the court.
She threw a dagger look at Mills, intending to ask whether it was alright to dance with a stranger. Mills responded saying, “It’s okay, go on…enjoy,” adding a reminder to Smith to take care of her.
Their first encounter lasted for about three to four songs, where Nicole asked the foreigner questions like, from what branch of service does he belong, how old he is and from state in U.S. he lives.
Nicole, feeling dizzy at this time, was only able to recall hearing his name, “Gerard” or “Genard,” and his age, at 20, his line of service, “Marines.”
The service man, she observed has a heart-shaped face, white-skinned and tall.
From there, now at their table, Nicole recalled seeing 2 to 3 U.S. service women whom she earlier met in Zamboanga. She said she felt “safe” upon seeing them.
After drinking Long Island ice tea, she and Annaliza again danced at the floor of the bar. Feeling even dizzier, she couldn’t recall why suddenly Smith had appeared and Annaliza, gone.
“Natatandaan ko na nakaharap ako sa kanya, pinapatalikod niya ako pero everytime [na gawin niya ito] humaharap ako.”
She likes facing her partner during dances, she said. For three of four times, Smith was doing this, she added.
After dancing she recalled being able to drink half a pitcher of Bullfrog, this time, he noticed three foreigners facing her at the table. The three were cheering her on, “Whoa!”
Losing track of time, she only remembered being asked to get out of the bar by Smith, saying it was hot inside. She refused, saying she was waiting for her sister.
Smith was insistent, grabbing her by the wrist, and by a hazy memory, she remembered seeing an identification card but failing to recall what was written on it.
Last time she knew, “May nakapatong na sa akin, nakahiga ako…nararamdaman ko [ang] weight niya…hinahalikan niya ako.”
Asked in what position she was in, she said, “Nakatihaya po,” and who was on top of her, “Si Smith po.”
The courtroom fell silent at 4:10 p.m. while the young Filipina cried and sobbed for the fifth time, prompting Judge Benjamin Pozon to adjourn the trial for continuation.
Political issue
Chants from militant groups can be heard from inside the courtroom, fighting for Nicole and against unfair policies that the Philippines had entered into with the U.S.
Dr. Lopez said somehow, Nicole has appreciated the attention her case has been getting from the media. In turn, she is being educated by the circumstances her ordeal had brought to the public.
Her family would rather prefer an “unpoliticized” treatment of the case, but this is inevitable since policies concerning two governments that wanted tighter accords on security were factor in the context of the controversial rape case.
The prosecution is contesting the provisions in the Visiting Forces Agreement that limit the period wherein U.S. servicemen could only be tried under a Philippine court to only one year.
Lopez said the provision would only benefit the accused, while forcing the complainant’s party to scrimp with the remaining six months of the year.
In June, Ursua had filed a petition for certiorari seeking full custody of the four U.S. servicemen involved in the rape case. If granted, this would prevent the soldiers from getting off the hook, as in the previous cases involving U.S. soldiers, she noted.
For her part, Nicole could seek refuge from support groups holding various forms of protest to back her case, which according to Lopez, is also “therapeutic.”
Apart from militant Gabriela, logistics for Nicole’s trial is being supported by another non-government organization, TOWNS (Ten Outstanding Women of the Nation in Service).
Looking ahead more constructively, Nicole should be able to learn to convert her ordeal into “advocacy” where she could become a counsel or organizer for those who have become prey to rape and sexual abuse.
This, she noted, if the Philippine justice system sides with Nicole, who has become an embodiment of a woman’s courage to face her trial, with fellow women behind her.#
Yey (songs from Jack Johnson and Friends)
LULLABY
when youre so lonely
lyin in bed
nights closed its eyes
but you cant rest your head
everyones sleepin
all through the house
you wish you could dream
but forgot to somehow
sing this lullaby to yourself
sing this lullaby to yourself
and if you are waitin
waitin for me
ill be home soon darling
i guarantee
ill be home sunday
just in one week
dry up your tears
if you start to weep
and sing this lullaby to yourself
sing this lullaby to yourself
lullaby, im not nearby
sing this lullaby to yourself
dont you cry
no dont you cry
sing this lullaby to yourself
cos when i arrive dear
it wont be that long
no it wont seem like anytime
that ive been gone
it aint the first time
it wont be the last
wont you remember these words
to help the time pass
so when youre so lonely
lyin in bed
and nights closed its eyes
but you cant rest your head
everyones sleepin
all through the house
you wish you could dream
but forgot to somehow
sing this lullaby to yourself
sing this lullaby to yourself
sing this lullaby, sing this lullaby
sing this lullaby to yourself
We're going to be friends
fall is here, hear the yell
back to school, ring the bell
brand new shoes, walkin blues
climb the fence, books and pens
i can tell that we are gonna be friends
yes i can tell that we are gonna be friends
walk with me, susie lee
through the park, and by the tree
we can rest upon the ground
and look at all the bugs we found
safely walk to school without a sound
we safely walk to school without a sound
well here we are, no one else
we walk to school all by ourselves
theres dirt on our uniforms
from chasing all the ants and worms
we clean up and now its time to learn
we clean up and now its time to learn
numbers letters, learn to spell
nouns and books, and show and tell
play time we will throw the ball
then back to class, through the hall
teacher marks our height against the wall
the teacher marks our height against the wall
we dont notice any time pass
cos we dont notice anything
we sit side by side in every class
the teacher thinks that i sound funny
but she likes it when you sing
tonight ill dream, in my bed
while silly thoughts, run through my head
of the bugs, and alphabet
and when i wake tomorrow ill bet
you and i will walk together again
cos i can tell that we are gonna be friends
yes i can tell that we are gonna be friends
with my own two hands
i can change the world
with my own two hands
make it a better place
with my own two hands
make it a kinder place
with my own two hands
with my own, with my own two hands
i can make peace on earth
with my own two hands
i can clean up the earth
with my own two hands
i can reach out to you
with my own two hands
with my own, with my own two hands
with my own, with my own two hands
im gonna make it a brighter place
with my own two hands
im gonna make it a safer place
with my own two hands
im gonna help the human race
with my own two hands
with my own, with my own two hands
with my own, with my own two hands
i can hold you
in my own two hands
and i can comfort you
with my own two hands
but you got to use
use your own two hands
use your own, use your own two hands
use your own, use your own two hands
with our own, with our own two hands
with our own, with our own two hands
with my own, with my own two hands
when youre so lonely
lyin in bed
nights closed its eyes
but you cant rest your head
everyones sleepin
all through the house
you wish you could dream
but forgot to somehow
sing this lullaby to yourself
sing this lullaby to yourself
and if you are waitin
waitin for me
ill be home soon darling
i guarantee
ill be home sunday
just in one week
dry up your tears
if you start to weep
and sing this lullaby to yourself
sing this lullaby to yourself
lullaby, im not nearby
sing this lullaby to yourself
dont you cry
no dont you cry
sing this lullaby to yourself
cos when i arrive dear
it wont be that long
no it wont seem like anytime
that ive been gone
it aint the first time
it wont be the last
wont you remember these words
to help the time pass
so when youre so lonely
lyin in bed
and nights closed its eyes
but you cant rest your head
everyones sleepin
all through the house
you wish you could dream
but forgot to somehow
sing this lullaby to yourself
sing this lullaby to yourself
sing this lullaby, sing this lullaby
sing this lullaby to yourself
We're going to be friends
fall is here, hear the yell
back to school, ring the bell
brand new shoes, walkin blues
climb the fence, books and pens
i can tell that we are gonna be friends
yes i can tell that we are gonna be friends
walk with me, susie lee
through the park, and by the tree
we can rest upon the ground
and look at all the bugs we found
safely walk to school without a sound
we safely walk to school without a sound
well here we are, no one else
we walk to school all by ourselves
theres dirt on our uniforms
from chasing all the ants and worms
we clean up and now its time to learn
we clean up and now its time to learn
numbers letters, learn to spell
nouns and books, and show and tell
play time we will throw the ball
then back to class, through the hall
teacher marks our height against the wall
the teacher marks our height against the wall
we dont notice any time pass
cos we dont notice anything
we sit side by side in every class
the teacher thinks that i sound funny
but she likes it when you sing
tonight ill dream, in my bed
while silly thoughts, run through my head
of the bugs, and alphabet
and when i wake tomorrow ill bet
you and i will walk together again
cos i can tell that we are gonna be friends
yes i can tell that we are gonna be friends
with my own two hands
i can change the world
with my own two hands
make it a better place
with my own two hands
make it a kinder place
with my own two hands
with my own, with my own two hands
i can make peace on earth
with my own two hands
i can clean up the earth
with my own two hands
i can reach out to you
with my own two hands
with my own, with my own two hands
with my own, with my own two hands
im gonna make it a brighter place
with my own two hands
im gonna make it a safer place
with my own two hands
im gonna help the human race
with my own two hands
with my own, with my own two hands
with my own, with my own two hands
i can hold you
in my own two hands
and i can comfort you
with my own two hands
but you got to use
use your own two hands
use your own, use your own two hands
use your own, use your own two hands
with our own, with our own two hands
with our own, with our own two hands
with my own, with my own two hands
Friday, June 23, 2006
Awiwang
Awiwang – ang tahimik na pananatili ng bangka sa dagat – ang bago kong likhang salita.
Ang bentahe ng Pilipinong gumagamit sa sariling salita, mkalikha ng sandaa’t sanlibong salita mula sa tumpok ng mga lingwahe sa tinubuang lupa.
Ang pakiramdam na nasa dagat ka. Sa isang pisngi ng mundo, sumasalubong sa mga daluyong ang pangamba – na baka tangayin ka sa ilaya at hindi na makabalik pa sa pampang. Sa isang kumpol ng pino, madalas magaspang, itim at mas aliw na puting dalampasigan ng buhangin, ay naron ka’t bahagi ng isang-tinakpan.
Hindi mo ito pag-aari, o ng iba kahit sabihing may papel ang iba para sa patunayan ang kanilang pag-angkin.
Ang mas matindi, pangamba na kitlin ka ng hindi mo nakikita pagsapit mo sa pusod ng dagat. May isang araw, o maraming oras ka upang ariin ang isang malaking tipak ng langit, pero dahil hindi ito ultimo iyo, may ibang malayang makakagamit nito.
Malaya ka sa isang wagas ng pagtatampisaw. Malaya sa tila walang wakas na pag-iyak. Malaya ka sa isang isla.
May pagpipilian sa kabila ng lahat. Ang manatili sa bangka, at hayaang lunurin ng awiwang – awit na karugtong ay payak, tahimik na pahinga sa pusod ng dagat at mundo. Kung yari sa papel ang bangka’y may maliliit na lungkot na puwedeng paandarin at hayaang lunurin sa malalim na dagat.
Kakambal ng awiwang ay ‘di mahagip na sikat ng araw, ang bato’t tila hininga ng higanteng mulalang hangin ng dagat at ang magiliw na imik ng tubig-dagat. Lahat ay mahimbing na umiindayog sa tugtugin ng awiwang.
Panatag at masaya, yan ang pakiramdam ko ngayon. Mas simple ang mga bagay, mas taimtim ang pahinga at mas may paraang upang humanap ng kabuluhan sa mundo.
Yan ako, pansamantala.
Ang bentahe ng Pilipinong gumagamit sa sariling salita, mkalikha ng sandaa’t sanlibong salita mula sa tumpok ng mga lingwahe sa tinubuang lupa.
Ang pakiramdam na nasa dagat ka. Sa isang pisngi ng mundo, sumasalubong sa mga daluyong ang pangamba – na baka tangayin ka sa ilaya at hindi na makabalik pa sa pampang. Sa isang kumpol ng pino, madalas magaspang, itim at mas aliw na puting dalampasigan ng buhangin, ay naron ka’t bahagi ng isang-tinakpan.
Hindi mo ito pag-aari, o ng iba kahit sabihing may papel ang iba para sa patunayan ang kanilang pag-angkin.
Ang mas matindi, pangamba na kitlin ka ng hindi mo nakikita pagsapit mo sa pusod ng dagat. May isang araw, o maraming oras ka upang ariin ang isang malaking tipak ng langit, pero dahil hindi ito ultimo iyo, may ibang malayang makakagamit nito.
Malaya ka sa isang wagas ng pagtatampisaw. Malaya sa tila walang wakas na pag-iyak. Malaya ka sa isang isla.
May pagpipilian sa kabila ng lahat. Ang manatili sa bangka, at hayaang lunurin ng awiwang – awit na karugtong ay payak, tahimik na pahinga sa pusod ng dagat at mundo. Kung yari sa papel ang bangka’y may maliliit na lungkot na puwedeng paandarin at hayaang lunurin sa malalim na dagat.
Kakambal ng awiwang ay ‘di mahagip na sikat ng araw, ang bato’t tila hininga ng higanteng mulalang hangin ng dagat at ang magiliw na imik ng tubig-dagat. Lahat ay mahimbing na umiindayog sa tugtugin ng awiwang.
Panatag at masaya, yan ang pakiramdam ko ngayon. Mas simple ang mga bagay, mas taimtim ang pahinga at mas may paraang upang humanap ng kabuluhan sa mundo.
Yan ako, pansamantala.
Sunday, June 11, 2006
Pag-antabay
At sinabi ko sa sarili: kailangan kong mag-isip, ng makatuturang pag-iisip para muling pumili kung aling landas ang dapat tahakin. Bente-kuwatro anyos na ako nung huling Disyembre...bente kwatro at marami pa rin ang nagsasabing bata pa ako, marami pang mangyayaring mas maaayos kung pipiliin ko.
Ayaw ko pang tumanda, pero gusto ko nang makita kung ano ang kahihinatnan ko. (Lalo, kung ang tutuparin ng mga guhit ko sa palad ang ambisyon na makapgsulat, habambuhay?)
(PS -as in PaiStorbo- kanina pa nagtetext saken ang mga putakteng kumpanya ng langis para lang sabihing magtataas na naman sila habambuhay ng kanilang mga presyo)
Maraming umaasam maging batang muli kahit imposible. Wala kasing katulad ang murang isipan, ang pag-iisip na naguumpisa pa lang. Kung sa panahon ngayon, mahirap na ang maging bata. Hindi umuurong ang panahon, ang pagunlad samantala ay tila may sariling isip na gustong magbigti.
Bente-kuwatro at bumibilang pa. Ilang taon pa ba ng pag-iisip para sa finale?
Ang sabi ng ate, masyado daw akong nag-iisip, bente kuwatro pero hindi akma ang mga sentimyento sa buhay. Ito ang nakukuha ko sa pagiging laid back, imbes na magpahinga at tumunganga, ay namamaga ang isip sa kakagana. Kung may sense ba naman, aywan na lang.
Pero, gusto kong magsilbi. Ng walang inaasahang kapalit. Yun lang piryud. Sa paanong paraan? Iniisip ko pa.
Pwede ninyong panoorin yung motocycle diaries, inspirasyon ng sentimyentong ito
Gusto kong arukin ang kabuluhan ng pag-aalay ng buhay. Bawat hibla ng araw ay ilalaan para sa mga laging nawawalan. Walang oras ang masasayang.
Paano at kailan, saan?
Gusto kong maging doktor o nurse ngayon na. Para may lisensya akong dumama sa sakit, ramdamin kahit ang hinanakit.
Husto ba ang maging manunulat? Sa ngayon, tila kulang pa. Dahil siguro'y bubot pa kahit ang kakayahan at karanasan ko. Sa malaot madali, wala akong makitang sinag at liwanag (usapin ng sino at para kanino ang babasa) sa dulo ng buhay ng may buhay na sinulat...
Masarap pansamantala ang mag-isip, sa dulo nitong tila walang katapusan, umaasa ang pusong may maramdaman naman at kumilala ng ibang nilalang.
Ayaw ko pang tumanda, pero gusto ko nang makita kung ano ang kahihinatnan ko. (Lalo, kung ang tutuparin ng mga guhit ko sa palad ang ambisyon na makapgsulat, habambuhay?)
(PS -as in PaiStorbo- kanina pa nagtetext saken ang mga putakteng kumpanya ng langis para lang sabihing magtataas na naman sila habambuhay ng kanilang mga presyo)
Maraming umaasam maging batang muli kahit imposible. Wala kasing katulad ang murang isipan, ang pag-iisip na naguumpisa pa lang. Kung sa panahon ngayon, mahirap na ang maging bata. Hindi umuurong ang panahon, ang pagunlad samantala ay tila may sariling isip na gustong magbigti.
Bente-kuwatro at bumibilang pa. Ilang taon pa ba ng pag-iisip para sa finale?
Ang sabi ng ate, masyado daw akong nag-iisip, bente kuwatro pero hindi akma ang mga sentimyento sa buhay. Ito ang nakukuha ko sa pagiging laid back, imbes na magpahinga at tumunganga, ay namamaga ang isip sa kakagana. Kung may sense ba naman, aywan na lang.
Pero, gusto kong magsilbi. Ng walang inaasahang kapalit. Yun lang piryud. Sa paanong paraan? Iniisip ko pa.
Pwede ninyong panoorin yung motocycle diaries, inspirasyon ng sentimyentong ito
Gusto kong arukin ang kabuluhan ng pag-aalay ng buhay. Bawat hibla ng araw ay ilalaan para sa mga laging nawawalan. Walang oras ang masasayang.
Paano at kailan, saan?
Gusto kong maging doktor o nurse ngayon na. Para may lisensya akong dumama sa sakit, ramdamin kahit ang hinanakit.
Husto ba ang maging manunulat? Sa ngayon, tila kulang pa. Dahil siguro'y bubot pa kahit ang kakayahan at karanasan ko. Sa malaot madali, wala akong makitang sinag at liwanag (usapin ng sino at para kanino ang babasa) sa dulo ng buhay ng may buhay na sinulat...
Masarap pansamantala ang mag-isip, sa dulo nitong tila walang katapusan, umaasa ang pusong may maramdaman naman at kumilala ng ibang nilalang.
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