Wednesday, August 3, 2011

A beacon in a dark and perilous time ... The Pride of Ateneo de Manila

Justice Lorenzo R. Relova
Lux-In-Domino Award
July 21, 2011-Ateneo Auditorium Diliman

“To be honest, fair, and good when these virtues reign is to be no more than ordinary. To be honest, fair, and good when falsehood, injustice, and evil reign, is to be most extraordinary.” Lorenzo R. Relova is just such a man.

Relova was born on January 20, 1916 to a well-off family in Pila, Laguna. He graduated from the Ateneo Grade School in 1929, from Ateneo High School (with honors) four years later, and obtained his Associate of Arts degree from Ateneo de Manila. He went on to study law and finished in 1939, among the first batch of graduates of the Ateneo Law School. Soon after the Second World War, Relova joined the government as a public prosecutor. Fiscal Relova’s efforts led to the successful prosecution of Communist Party leaders for rebellion and famously, despite intimidation and attempts at sabotage, a mayor’s bodyguard for shooting and killing a man. For his success the Justice Court Reporter’s Association named him City Fiscal of the Year in 1959.

Soon after making his mark as a fiscal, Relova’s judicial career began. In 1961 he was appointed to the Court of First Instance for Batangas City, to the Court of Appeals in 1975, and to the Supreme Court as the country’s first court administrator in 1979. He would also become the first member of the Judicial Bar Council, serving from 1989 to 1993.

His stint as Supreme Court justice started after a scandal: the November 1981 bar exams were marred by controversy when it was revealed that a justice had intervened to ensure that his son passed. To restore the court’s tarnished image, then-President Marcos asked the entire court to resign and proceeded to stock it with people known for their integrity, honesty, and unsullied reputation. Lorenzo Relova was among them.

Being associate justice of the Supreme Court in 1982 meant serving during the last years of the Marcos regime, a dark and perilous time in which the dictator controlled much of the government, including the judiciary. In this darkness Relova’s moral fortitude shone like a beacon. In the high-profile Galman v. Sandiganbayan case, involving the murder of Ninoy Aquino, Relova went against the majority and voted to admit the testimonies of the soldiers charged with the assassination of the late senator given before the Agrava Board. The findings of this investigative body as well as the groundswell of protest and defiance that swept the nation led to intense international pressure on the dictator to call snap elections. And when all signs pointed to a landslide victory for the martyred senator’s widow, Cory Aquino, the High Court was predictably besieged by cases attempting to nullify the special elections law.

Professor Melencio Sta. Maria of the Ateneo Law School says (as quoted by Cesar L. Villanueva in “Dedication to an Ideal” from the book To Give and Not to Count the Cost: Ateneans Inspiring Ateneans 1859–2009) the outcome was by no means secure. On the constitutionality of the special election law “the Supreme Court was deadlocked, split down the middle. It was up to Justice Relova to break the impasse. Many feared that being a recent Marcos appointee, he would be beholden to him. Justice Relova proved them wrong. . . . [H]e broke the impasse, voting according to his conscience.” What followed is now well-known: the elections, the widespread fraud, and the massive pouring forth of outrage into the streets that finally swept the dictator from office. “Our history, as we know it today,” Sta. Maria, observes, “was shaped in no small part by Relova’s character.”

His remarkable life of integrity played out not just on the national stage but in less public settings as well. The members of his family are quick to point out that among them he is well loved and respected, in large part because his integrity and moral probity extend to his private life. In his early years as a judge, someone delivered a crate of lanzones to the house. The delighted members of the household ate it up, but when Relova discovered the gift, who it had come from, and that it had been consumed, he insisted that it be replaced. When a bus company offered him a pass, he refused, not wanting to be indebted to it. His solicitude even extended to the househelp; he made sure the driver had eaten well before leaving on trips and instructed the children not to wake the helpers when they came home late at night.

His adherence to principle was leavened by affection. Once, he tearfully commended a grandson for an award that brought honor to the family; he reminds his kin to always thank anyone who does them a kindness, big or small; and he never wants to be out of the company of his wife, Conchita. With her he has been married more than seventy years, has gone to mass every day as long as his strength allowed, and has prayed the rosary constantly.

Not only judge and family man, Relova was also a teacher for many years. He gave forty-five years of his life sharing his knowledge and insight with his students at the Ateneo Law School, many of whom went on to become top-flight lawyers in positions of influence, professors and administrators of the school, and leading officials in all three branches of government.

But intelligence and expertise were not the only things he was known for. Students and colleagues at the law school also saw him live a life of humble dedication. In his chapter on Relova in To Give and Not to Count the Cost, Law School Dean Cesar Villanueva writes that students were “fascinated to see that each afternoon after five o’clock, Justice Relova would descend from a public bus coming from the Supreme Court to meet his classes in Salcedo Village, Makati.” It was no surprise to Villanueva; taking public transport was consistent with a man who “went about his work with such dignified humility.”

Those who have worked with him have nothing but the highest praise. To Professor JV Chan-Gonzaga (as quoted by Villanueva), Relova is “a lawyer, teacher, and jurist, who joined the countless other men of dedication and distinction in forging generations of Ateneo lawyers by the fires of the Jesuit tradition in academic excellence and the nobility of a genuine passion for justice.” He will be remembered by “a long, distinguished line of Ateneans.”

Dean Villanueva sums up Relova’s life thus: his many years in the government, which culminated in his term in the Supreme Court, shows Relova’s “total commitment” to public service; his four and a half decades of teaching at the Law School reveal his “passion for the law”; and his “commitment to integrity” is attested to by his “daily life lived in simply humility and devotion to God, family, and others.”

Joaquin Bernas, SJ, dean emeritus of the Law School, considers Relova “one shining example” of the school’s faculty members who are “distinguished not only for their knowledge of the law but also for impeccable integrity” (as quoted by Villanueva). Though he has retired (in 2002), “the imprint of his influence in the school is permanent. He will always be remembered as a distinguished embodiment of the Ateneo Law School Ideal.”

Family man, educator, lawyer, public servant: these are some of the roles Lorenzo R. Relova has played in his many years, roles to which he brought his intelligence, integrity, humility, devotion, and faith. His life of virtue has been a great light to us in our dark hours, a beacon that inspires and will continue to inspire generations of Ateneans.

For having been a paragon of integrity during his career in the Philippine judiciary, especially as Supreme Court justice during the turbulent years of the Marcos administration; for having dedicated over forty years of distinguished service to the Ateneo Law School; and for living an honest, fair, and good life when it was a rare man who did so; the Ateneo de Manila University proudly and gratefully confers its Lux-in-Domino Award on Lorenzo R. Relova.

FROM THE CAPITOL: Sterile Syringe Access in CA

By Senator Leland Yee

In the United States, forty-seven states allow pharmacists to sell syringes without a prescription. Most states amended their laws in light of overwhelming evidence that criminalizing access to sterile syringes led drug users to share used ones, and that sharing syringes spread HIV, hepatitis B, hepatitis C and other blood-borne diseases that can live in a used syringe.

In California, the Assembly Appropriations Committee approved legislation to allow pharmacies to sell sterile syringes to an adult without a prescription. Senate Bill 41, which I authored and introduced earlier this year is supported by doctors, pharmacists, and AIDS prevention advocates, and will receive a vote of the full Assembly in August.

Under an existing pilot program, pharmacies in Los Angeles County, San Francisco, and some other parts of the state have been allowed to sell syringes without a prescription. This legislation would extend this program to allow pharmacists throughout the state to participate.

AIDS and hepatitis do not recognize county borders and thus our current policy is not nearly as effective as it should be. This legislation will reduce health care costs to taxpayers and save lives.

Because most states do not require a prescription for syringes, diabetics who visit our state may not even have a prescription and come here assuming they can purchase needles at a pharmacy. This bill will ensure those diabetics or others who need syringes for health purposes will not be stranded here in California without the ability to administer life-saving insulin and drugs.
The approach in this bill has been evaluated extensively throughout the world and has been found to significantly reduce rates of HIV and hepatitis without contributing to any increase in drug use, drug injection, crime or unsafe discard of syringes. In fact, there is not one credible study that refutes these findings.

Alex Kral, an epidemiologist who has supervised several studies of HIV prevention, said, “In light of over 200 studies worldwide that establish improved syringe access means less disease with no downside, to continue a policy of making syringe sales illegal would amount to health policy malpractice.”

The 200 studies Kral referred to were reviewed by the World Health Organization (WHO) in 2008. WHO concluded that the overwhelming scientific consensus showed improved syringe access reduced rates of HIV and hepatitis without contributing to drug use, crime or unsafe discard of syringes.

Among the numerous studies cited was one published in the American Journal of Public Health from 2001 that compared US cities that allowed pharmacists to sell syringes to adults without a prescription and those that did not. The study found that the rate of HIV among drug injectors was twice as high in cities that forbid sale without a prescription than those cities that allowed pharmacists greater flexibility to provide syringes.

Sharing of used syringes is the most common cause of new hepatitis C infections in California and the second most common cause of HIV infections. The state Department of Public Health estimates that approximately 3,000 California residents contract hepatitis C through syringe sharing every year and another 750 cases of HIV are caused by syringe sharing.

These diseases are costly and potentially deadly. Hospitalizations for hepatitis B and hepatitis C cost the state $2 billion in 2007, according to a report by the California Research Bureau. The lifetime cost of treating hepatitis C is approximately $100,000, unless a liver transplant is required, and then the cost exceeds $300,000 per surgery. The lifetime cost of treating HIV/AIDS is now estimated to exceed $600,000 per patient.

In addition to the San Francisco AIDS Foundation and Drug Policy Alliance, the effort is supported by the AIDS Project Los Angeles, American Civil Liberties Union, California Hepatitis Alliance, California Nurses Association, California Psychiatric Association, California Retailers Association, County Alcohol & Drug Program Administrators, California Medical Association, California Pharmacists Association, Walgreens, Rite-Aid, City and County of San Francisco, Health Officers Association of California, and Equality California, among others.

NO LIMITATIONS: How proponents can get Catholics to support RH Bill

By Atty Ted Laguatan

As to situations such as the RH Bill, whose nature call for much debate, listening in good faith to varied points of view allows a more complete assessment of the facts and issues involved - leading to better decisions and policies for the good of all.

Of one thing of which there should be no issue, well meaning people on both sides of the RH debate should recognize that they both want only what's best for all Filipinos. Accusing the other side of bad faith and malice is not going to help any.

I wrote an article in the Inquirer in March 2010 entitled "The Catholic Debate on Condoms" where I supported former Secretary of Health Esperanza Cabral in her position of distributing condoms in order to prevent the spread of the HIV virus which causes AIDS - as against the opposition of CBCP.

Among other things, I wrote: "Rather than for people becoming sick, suffer much and die early, a more humanistic Christian attitude is to provide protection...We cannot have a Church that proclaims love but cannot provide love to AIDS-challenged poor and powerless sex workers. We cannot have a Church that proclaims life but sows the seeds of death by refusing to allow the use of effective practical means against AIDS.."

Hopefully, these words dispense any thoughts that I am either a blind follower of the Church or an apologist for the CBCP.

What good goals are we trying to achieve in seeking the passage of the RH Bill.?
Certain couples or families are not in a position to having more children because of financial, material, psychological and other inadequacies. Rather than have unwanted neglected children, it is better for them to learn how to use morally acceptable and safe contraceptive methods to avoid unwanted pregnancies. As a result of accomplishing this good goal - cumulatively, population growth is also controlled.

Obviously, cold turkey abstinence from sex is an option that will not result in pregnancies - but that is an absolute impossible choice because of biological imperatives. For healthy men and women - especially for those where the pleasures of lovemaking borders on mystical ecstasy - sex is a big part of what life is about.

So the number one question becomes: What morally acceptable means can be utilized to keep Juana from having another - not ready to be wanted or unwanted baby - when she and Juan hits the sack?

To many Catholics, other Christians and others - abortion - at any stage of fetal development - is not morally acceptable.

In the Catholic faith, once the egg fuses with the sperm, we have a human life with a soul. This dogmatic article of faith is non negotiable. This is core Catholic belief - a reality everyone involved with the RH Bill in one way or another - has to deal with. It is not just a CBCP or Catholic Hierarchy belief - but the actual belief of millions of true believer Catholics.

Pointing or referring to surveys indicating that 70 percent of Filipinos which certainly must include a majority of Catholics - approve of the RH Bill - does not necessarily mean that Filipino Catholics do not subscribe to this core belief. The question repeatedly asked of respondents in these surveys was: "Are you in favor of the RH Bill?" "RH Bill" to the respondents meant population control. We know a huge majority of rational Filipinos, Catholics or otherwise, wants population control.

The legislative history, the language, the campaigns of pro and anti RH groups and individuals and even Malacanang which indicated a qualified support for the RH Bill - affirm that it is generally perceived as a population control measure.

Call it what you want, but essentially, at it's root, it is a population control measure. I see nothing wrong with that. But for marketing purposes, supporters want to call it by something else - "Reproductive Health", "Responsible Parenthood", etc.

Now, supposing the more specific question asked of survey respondents was: "Are you in favor of the RH Bill even if it includes abortion as a means of limiting the population?"

Can anyone seriously believe that the results will be the same? Obviously not. I believe only a relatively small number will say yes.

As such, it is not the case that most Catholics approve of the RH bill in toto or as drafted even if contraceptive means or methods perceived as causing abortion or described as abortifacient are involved.

It is obvious that well meaning individuals on both sides must work together to arrive at a viable answer for our number one question if we are to have an RH Bill acceptable to most Filipinos.
The heart of the question has to do with the terms "morally acceptable means". In other words, what kind of contraceptives - pills, mixtures, creams, mechanical devices, methods, etc. - can many true believer Catholics find morally acceptable even if the CBCP and Church Hierarchy do not - that can soften their stand against the RH Bill?

The answer is really simple except that getting the parties to agree is a little more complex.
If in the draft of the bill, the use of contraceptive means that are abortifacient or at least perceived as such - are specifically identified and declared as banned - millions of Catholics are likely to soften their otherwise immoveable position.

But pro RH advocates claim: Didn't the World Health Organization (WHO) say that there is no such thing as abortifacient contraceptives?

On this issue, such an opinion from a representative of WHO, an organization which has openly, consistently and for a long time has been advocating for population control in the Philippines and other third world countries - is about as credible as a Bishop who says that any and all kinds of contraceptives are abortifacient.

A so called "expert opinion" from a WHO representative stated that hypothetically, certain contraceptive pills, IUDs and other means and methods can cause a fertilized egg not to be engaged or attached to the womb which amounts to abortion but that there is no scientific evidence that they do. I submit that this sword cuts both ways, There is no scientific evidence either that these contraceptive pills and other means and devices considered abortifacient - do not in fact cause abortions. Some scientists say they do.
Some say it's not clear.

A Catholic, acting in good faith, given these uncertainties , will not take the risk of killing his own child.

Some RH Proponents argue: "Abortifacient or not, people should have a choice as to what kind of contraceptives he wants to use."

Response: "Sorry, I believe you are killing your own child if you do - whether you think me right or wrong. You are not going to do it with my approval or my money to supply the means to do your killing."

Perhaps if well meaning RH Bill proponents are able to see that it is not fatal to their cause to specifically remove the possibility of contraceptives perceived as abortifacient of being used in connection with the implementation of this bill - the probability that it might become law is very much increased.

There are other clearly non abortifacient contraceptive pills, devices and other means and methods which are equally effective in preventing pregnancy. Why force a contraceptive method unacceptable to millions that may result in the non-passage of the RH Bill and therefore does not lead to the accomplishment of the end goal? Remember? The good we are trying to do is to keep Juana from getting pregnant and bear an unwanted child using moral and otherwise acceptable means when she and Juan makes whopee.

Catholics, who some say are really heroic, others say stoic, still others say

STREET TALK: Bad News, Good News

By Greg Macabenta

Did we get a clear idea of the State of the Filipino Nation after listening to PNoy’s SONA?
Frankly, like past reports by former heads of state on how the country fared in the face of challenges and opportunities and what its future prospects were, this one was the equivalent of a body massage. Designed to make you feel good but didn't tell you what the state of your health is.

I bet PNoy got a better appraisal of the SOPA (State of the Porsche Automobile) when he bought the second hand vehicle from its former owner.

This SONA may have been different only in the sense that the good news that PNoy gave had more basis in fact than the rose-tinted annual reports of Gloria Macapagal-Arroyo. Arroyo’s credibility was so full of holes, even if she were telling the truth, people raised their eyebrows in incredulity.

But PNoy’s advisers were clearly cherry-picking when they worked on his speech. They wanted a “good news” speech, obviously designed to blunt brickbats from critics that have, frankly, ranged from the truthful to the blatantly exaggerated.

The wang-wang analogy was fine. The culture of impunity and entitlement that pervades our society certainly needs to be changed. Rubbing in the issue of graft and corruption, epitomized by the Arroyo administration, was good. This is one area where the Filipino people are beginning to see something happening.

The flurry of investigations and the threatened indictments would have been unthinkable during the incumbency of Arroyo. In those days, one could only go to the streets and brave police beatings and fire hoses. Or one could only suffer through the interminable congressional hearings - an exercise in impotence in the face of the blatant obstruction of justice by Arroyo and her minions.

At least, now, there appear to be determined efforts to dig up the truth (even if the Arroyo-appointed Supreme Court rejected the idea of a Truth Commission). The only question is whether the guilty can eventually be convicted and made to pay. Our justice system is not famous for exacting justice.

But the speech could have gone beyond the selective upbeat reports and the sarcastic references to the sins of the past administration. It could expanded on what the Aquino administration intends to do to make things right or make things happen on a broad range of concerns that are important to different sectors of society.

Not surprisingly, those sectors whose issues and concerns were not addressed in the SONA have been very critical of it. Business leaders tried to be polite, when asked what they thought of the speech, but they were clearly disappointed in not hearing PNoy talk about his economic programs.

John Forbes, senior adviser of the American Chamber of Commerce of the Philippines, was more candid. He said that while the Aquino government’s campaign against corruption is commendable, that is not enough to make the country a more attractive investment destination.
There was no mention of the Freedom of Information act and the RH Bill. No mention of agrarian reform (because it would have awakened the Hacienda Luisita sleeping dogs?). Only a superficial mention of the problems that beset our system of education. No mention of tourism, an area where the country has vast potentials, if given enough focus and funding. One could go on and on.

Of course, PNoy said, “Not everything we want to do will be explained today, but I invite you to read the budget message, which contains a more comprehensive plan for the coming year.”
Okay, so how do Pedro, Juan and Maria access that budget message? It’s doubtful they ever will.

In sum, PNoy delivered a feel-good speech, framed for him by people who didn’t want to include those issues and concerns where they could not provide a glowing report. What makes them different from a used car salesman?

In the first place, what is a State of the Nation Address but a comprehensive report on the country’s performance in relation to goals and objectives? A SONA should truthfully present to the people the status of programs and projects and how they measure up to those objectives.
In other words, PNoy’s SONA should have truthfully told the Filipino people: This is where we started. This is how far we’ve gotten. This is how much farther we need to go. And this is how we propose to get there.

If there were problems in achieving goals and objectives, those problems should have been explained and solutions proposed. Simply ignoring the problems or not mentioning them at all is avoidance and denial.

If there has been progress in achieving goals and objective, they certainly should have been showcased, with appropriate back patting. But overstating the achievements or not setting them in context is mental dishonesty. As Winnie Monsod rightly asked, what percentage of houses have been built in relation to targets?

I don’t think the Filipino people expected a hundred percent delivery in all areas. Shortfalls are inevitable when problems arise, whether due to official inadequacies, logistical problems or force majeure. The Aegean stables that we mandated PNoy to clean up can make the hardiest souls throw up.

We, the people, are not blameless either. A SONA should also give the citizenry an idea of how we can and should contribute towards achieving national goals, and what sacrifices, if any, we must be willing to make. There was a mention of tax avoidance on the part of professionals and the self-employed, but not much more.

For PNoy’s 2012 SONA, I suggest he take a few tips from some fellow heads of state who had to confront problems on the first year of their incumbency:

“Now, if we’re honest with ourselves, we’ll admit that for too long, we have not always met these responsibilities – as a government or as a people. I say this not to lay blame or look backwards, but because it is only by understanding how we arrived at this moment that we’ll be able to lift ourselves out of this predicament.”

That was Barack Obama on his first State of the Union address in 2009.
And here is what Franklin Delano Roosevelt admitted in his inaugural address in 1933, when the U.S. was in the grip of the Great Depression:

“Values have shrunken to fantastic levels; taxes have risen; our ability to pay has fallen; government of all kinds is faced by serious curtailment of income; the means of exchange are frozen in the currents of trade; the withered leaves of industrial enterprise lie on every side; farmers find no markets for their produce; and the savings of many years in thousands of families are gone.

“More important, a host of unemployed citizens face the grim problem of existence, and an equally great number toil with little return. Only a foolish optimist can deny the dark realities of the moment.”

But, having said that, Roosevelt offered a way out of the problem, stressing: “The only thing we have to fear is fear itself!”

Maybe PNoy should write his own SONA the next time. He could say:
“First, the bad news. And now, for the good news.”
(gregmacabenta@hotmail.com)

THE WORK PLACE: Temporary Disability Benefits

By Sol Bello

This workers’ compensation benefit was the subject of a limited discussion in one of our previous articles. This article will further expound on this very important entitlement of an injured worker.

A job injury may or may not result in disability to go back to work either totally or partially. If no disability results, the injured worker must have to go back to work.

If he does not, he would not be entitled to any disability benefit. What is worse is that this could be a reason for his termination from work.

On the other hand, a work injury may result in total or partial disability. Total disability is one which renders the injured employee incapable of doing any kind of work. Such an employee is entitled to receive temporary total disability (TTD) benefits the entire time that he is incapable or working.

If the resulting disability is partial, the employee is entitled to receive temporary partial disability (TPD) benefits.

There are also instances when an injured employee can go back to work with certain restrictions such as no lifting more than 10 pounds, repetitive bending, stooping, etc. If the employer has no work available with these restrictions, the injured employee should not go back to work and is entitled to be paid temporary disability benefits.

As to whether an employee is disabled and the kind of disability he has (total or partial) all depends on the treating doctor who must certify to such disability.

Unless the treating doctor orders the employee off work or on modified work, he will not be entitled to temporary disability benefit. If the employee believes however that he has a disability to work because of his job injury and the treating doctor refuses to order him off or on modified work, the employee may question this refusal by going to a qualified medical evaluation (QME).

Duration of Temporary Total Disability

Before April 19, 2004 temporary total disability benefits are payable for as long as the injured employee is off work upon doctor’s order.

After April 19, 2004 disability payments last only for 104 weeks (2 years) from the time payments began. Note that the 104 weeks start from the date of firs payment of disability benefits, so that if payment started only after one year the disability started, the 104 weeks should start from that date not from the date the disability started. To illustrate: Rey was declared by his treating doctor temporarily totally disabled on January 1, 2005. The employer (or insurance carrier) however started paying him only on January 1, 2006. Rey’s benefit payment should continue until January 1, 2008. The employer cannot claim that payments should end on January 1, 2007. Remember, the date the 104 weeks start is the date payment was first made not the date when TTD started or declared by the doctor.

For date of injury after December 31, 2007 TTD payments are payable for 104 weeks within 5 years from the date of injury. Following our previous example, if Rey was injured on January 1, 2008 he can only receive a maximum of 104 weeks of TTD payments until January 1, 2013. Thus, if his TTD payments started on November 1, 2012 such payments will continue only up to January 1, 2013 even if he has received only 3 months of TTD payments.
The 104 weeds TTD payment limitations discussed above end, at any rate, when any of the following occurs:

1. When the treating doctor certifies that the employee has regained his ability to work.
2. When the treating doctor declares the employee to be permanent and stationary (P&S) or has reached maximal medical improvement (MMI).

This article has been prepared for educational and general information only, and not intended as specific legal advice or legal opinion on any specific matter. If you have any question, contact the Law Office of Sol D. Bello at (408) 297-9088 for a free legal consultation.

Mr. Sol Bello’s and Mr. Ken Nakata’s areas of law practice are limited to Workers’ Compensation claims (work related injures) and Personal Injury. (car accident/slip and fall) Mr. Bello is fluent in Ilocano and Tagalog. The Law Office of Sol D. Bello is located at 111 N. Market Street, Suite 415, San Jose, CA 95113.