Free beer (Fast Fiction)

A little of the moist he considered only necessary to swab the chalk dust which settled on his palms. ‘501’ must be reduced by pummeling small arrows from a good seven feet and nine inches away – the one-fourth inch tape included. The bucket of beer for him was never just a bet, not even the packs of cigarette. What is it that sets their mood? A Billy Joel song? The new nineteen-year old waitress?

“Double twenty!” his new partner yelled. And double twenty indeed. At forty, he had doubled his wealth but also doubled his wives (and debts). ‘Men and their insatiable pleasures’, they always say that. But, in his many years of drinking with journalists, politicians, lawyers, doctors, teachers, artists, musicians, and what have you, he had come up with the conclusion that men are pigs indeed. At least after a few beers.

The college students on table number four beside the bar exploded with laughter, probably talking about some little adventure they did. He used to be as trim as them, he remembered. Then work, age, and stress came; and the car he bought was used more often, even on a mere five-hundred-meter walk. It didn't help too that big grills of pork and beef became part of his daily diet. Add the visits at bars to drown the pressure of two wives, and his weight is doomed to rise.‘Screw life, we eat and drink because tomorrow we die’. They always say that. Not after a bypass or a costly operation though. A visit to the doctor in some pale room always scares them. Changes them a bit, and makes them re-evaluate their lives – even their last will and testament. He had thought about that too. After all, a few of his friends had already kicked the bucket to meet their maker.

 

“Out!” his partner had aimed for that green flake of that pie but missed. Perhaps that it is the price for secretly cursing the moon. He steadied himself mechanically to execute the drill. For that moment, he was a deity holding a thunder bolt. Just like an artist who escapes this world by painting their own reality, he raised his left hand victoriously for a high-five. His minions rose to applaud. They are now sure that the couple of beers they have grabbed are free. 

Nothing beats free beers.

The Philippine Elections: A Story of Hope and Frustration

Note:  *This is an essay I wrote in my college years (2007)..It sucked, but there's sincerity in it..I guess...

One may wonder, given their dull and tasteless appearance in their pre-campaign television (and ‘facebook’ ads), if these politicians are ever aware that people today would rather turn their TV sets off than to watch their exaggerated and self-laudatory masterpieces. What is it that prompts them to spend millions just to look good on the screen? What makes them fake those smiles in front of the camera and tell us ‘things’ – beautiful things, promising things, hopeful things?

Why do they want to become the leaders of this country?

We have seen and heard of men and women of power; of people who ventured for greatness, and ended up being blinded by its illusions; tales of warriors who took the chance of slaying a monster...only to turn into the same monsters which they thought they have defeated. We have put people in power, in hopes that they will be different from those who are corrupted, only to find out later that they are of the same mold – eaten by the same ancient system that caused them to exploit their own people.

What is ever new to people who, by experience, have grown cynical to power politics and traditional state affairs? None. For them, it will always be a series of repetitions similar to what they have already witnessed; the same colorful posters that will be scattered on the streets, and the same long speeches of “Iboto ang pagbabago..”, “Tutulungan ko kayo…”, “…babangon tayo”, “…lalaban tayo…” and “Hindi po ako katulad ng mga iba..” As if they have known us for a long time, as if they have known our problems and troubles, as if they can save us from all of the damn worries of our everyday life.

Keeping their pristine ideals, young people storm the streets with painted boards and loud speakers to express their disgust on the government and the politicians in position. After awhile, the movements will be succeeded by some new faces and the young people grow up to become the same people they have criticized. Maybe, there is something about age and experience that makes idealists plunge into the bitterness of realism. Many people who have seen “how it is” and sadly, and maybe, of “how it will always be”, tend to lose hope and embrace apathy because it is only in such way that they can accept the cold stinging truth that they cannot change or go against “this system”; and that,  if they cannot “beat them”, they might as well “join them”.

But, why? Why do people want to become politicians? Why do they want to become the Mayor? The Congressman or, the President? To help the poor? To initiate change? To make the move for a more responsible and more accountable government? I hope so. Or, is it because, they wish for the power and wealth that comes with it? Or to cement their names in the pages of history and become immortal in the process? We will never know until they are seated…when they will reveal their true intentions. All that is left to do is, yes…hope.

Valentines day sucks sometimes :)

The fire police in the truck were chuckling, their job was already done when they got here. Apparently, of all people who might need them, they responded to the house of a Barangay Official (who is supposed to be one who responds to fire incidents). Alerts are high for them because King’s College threw in a spectacle of fireworks display, and the fire trucks, at last, will be roused to its duty. I get to beat myself from the analogy that I was supposed to be at the college to assist my co-teachers in the culminating program of the Foundation day. But, here I am in a wet short pants stained with charcoal because I have to watch the fireworks display from the elevated road and forget that I also left some flames beside the stock house that stored piles of dry wood.

So, what went wrong? The answer is simple, it is February 14. One of the most commercialized and sensationalized date in the history of humans, and fortunately/unfortunately, the date in which I have to be always identified with. My name is inseparable to ‘Valentine’s day’ because not only did my parents adopted “Val”, but also painted it “Red” to permanently etch that event’s color in my person. At least I was not named ‘Valentino’. 

Five hours ago, I was giving replies to text messages that I am in Manila, even though I’m just in my bed munching some chips while watching the TV, and hoping that this day will end. Earlier, I even applied for a birthday leave despite the knowledge that all members of the faculty are needed in the school event. I want to avoid people, avoid meetings…I wanted to be alone – just like last year, and even years before that.

Why do I have to do that? I have learned to run away from Valentines day, because of the stress of it – the high school pressure of having a date, and the jealousy that one feels when popular guys receives tons of love letters, while you stand there with ‘forever alone’ guys contemplating about your sad ‘fate’, or the stress of impressing someone, even if you are aware that you have just spent a week’s allowance.

I’ve been there, the ‘unpopular guy’, the ‘fat boy’ whose supposed sole purpose in the world is to be made fun of, and be a character of somebody’s joke. It’s not that I have not overgrown that ‘victim-mentality’, but I am surprised that even after 10 years, my tendencies in life are shaped by my interesting experiences in elementary and high school.

Sometimes, guys like me will never find ourselves perfect for someone. That is why even if we have grown up from that awkward appearance of highschool and start having girlfriends, we break it up because in the back of our minds; we never found ourselves to be lovable, and we have to break things up before the girl does. Of course, girls will passionately react to this, but let’s save that for a later ‘lovechika’ kunwari (haha). A girl once told me that I am afraid to get hurt that’s why I avoid relationships and commitment, and perhaps, she is right.

So, again, what went wrong? It is the date (period). If only it wasn't Feb. 14, I could’ve made it to our school event and not have to burn some old letters (and memories). I wouldn't have run outside to watch the fireworks display, and would have not forgotten that I am burning something which would have prevented the burning of the whole stock house, and would not have exposed myself to a bunch of grinning people who knew that it was my birthday and I was just hiding in my room to celebrate it. I can only tell them that; “Nu sabado tau nga mangan etoy ayan me inya?” (hahaha!) See my point when I said something about stress? 

What comedy! That I have to ironically burn a big candle light (the stock house) to celebrate my natal day (sabi ng mga nurse), and have to excite the emotions of the whole community on the sight of it.

Tsk tsk tsk…This is one of those instances when I hate Valentines Day!

P.S. : NO ONE GOT HURT IN THE FIRE ACCIDENT AND THE ‘TAMBAYS’ DID A GOOD JOB IN SAVING WHAT REMAINED, THEY SHOULD APPLY AS FIREMEN (Although I have to buy 2 by 2s and Empelights afterwards..”Dayta gamin ti madi na aglibre!’ hahaa) 

"Squatter"

He counted the men with powerful tools and concluded that they are almost as many as the thirty armed uniforms that came to assist them. The resonance of the beating and piercing instruments reminded him of the same sight five years ago – when ‘they’ demolished his make-shift home upon the court's order. The scars on his head are still throbbing.

His home is similar to the first house they beat with their metal claws; tearing the tin roof apart, kicking the wooden frames, flaking all the tin sheets which served as its cheap wall. In exactly five minutes, they’re done with it. A man with a plastic crown pointed towards his direction and for a moment he frost.

“Ket kasanu? Inya ngay garud ket saan yu nga kanya daytoy lote? Apay Ada TRO yu….?” they approached his home.

He didn’t really understood what TRO is, but, the sight of the gang with big metal tools clearly scared him. He understood that he has to go. “Sir, mabalin nga iparwar tayu pay dagitoy usar ko?”, he can only plead. The engineer batted his eye, he knew that the guy with a plastic crown hated his job. This job.

After pulling out his things, he reminisce the places where he found the bed sheets, the old plastic chair, the frying pan…even that old calendar with a pretty woman. He had felt joy on each event he picked those things because he can add them to his little kingdom. He was, after all,  born poor and had lived with his mother before she died. He didn't have a family since then. He came to the city years ago and managed to survive by doing any work that requires physical labor...it is the only thing that he can offer - his arms, his shoulder, his hips, his legs. These, he knew, won't last for a very long time.

The gang members with metal tools were laughing. It has something to do with one of them who joked about “squatters”. He is familiar with the term because he had heard it often, and have learned to shun it. However, he couldn't understand why one can laugh even on the sight of a grieving person. He only needed less than ten square meters for his life – a place to stay, a place to hide against the sun,  the chill, the rain. 

He heard that the owner already has a lot of houses. He only prayed for a box which he can run to. He wandered away and wept.

He asked God why some people have everything, and some have none; like his existence, his dirt-like existence. 

On Thomas Aquinas' Summa Theologica: 'God'

(I wrote this for my Educ1b subject when I was in college - hence, the poor organization of ideas. It may not reflect my present views of the metaphysical, but it does comfort me to know that I have thought of these before. :)

One of the greatest discussions and debates on the early cold centuries of humanity is the the existence of a god, or a transcendent being – the ultimate reality that rises above all other existences. Throughout civilization, loads of theologians and philosophers have come up with various propositions and philosophical ideas to disprove or approve the existence of a higher being. The debates never really ended as it was, at a point, not really understood – many modern thinkers have regarded it as if it was without a purpose, nor a meaning.

It was on the 11^th up to the 15^th century when much of the theologians used rationalization and reason to justify a higher being’s existence. It was called scholasticism, which was primarily employed by Thomas Aquinas – one of the great Christian theologians who used this mode of thinking at that time. He published the Summa Theologica in hopes to enlighten the world, and resolve the existential debates, but just like most discoveries and works of man, it faded – buried by tons of counter-prepositions and principles.

One primary flaw of Thomas’ Scholasticism is its very own design. Faith, in which the movement should protect, had been ironically made an option -- scholasticism created a world where reason and faith co-existed (perhaps a perfect excuse to cure its imperfections). However, faith can never be one with reason. The Judeao-Christian concept of faith is to believe without question, that is faith. It will be a great contradiction for Christianity to betray its own foundation by engaging itself to the same weapon which was mainly used by its enemies and critics – logic and reason. It is also very interesting to note that Aquinas used limited objectives on the complicated question of whether a god exists or not. He did not consider any  ‘other’ objectives that ‘may be’ present outside his own mind. Many philosophers, especially existentialists and atheists had come up with hundreds of objectives and questions which were challenging even for Aquinas to answer using his few objectives and propositions (the biggest is Science). In the later years after he died, numerous critique by modern day philosophers dug a pit for his work by citing a comical  cherry-picking on the application of faith and reason in interpreting the bible. From Noah's ark to Yahweh's 'favoritism'.

Thomas Aquinas’ main idea of a 'main mover' in his ‘God’ chapter actually encompasses his sum of five ways. Considering that he used the realm of logic to explain an illogical phenomenon is not just ironic but irresponsible on his part ("since everything that is moved has a mover" logic). The bible cannot explain the universe, at least logically; it cannot explain the event when a woman sprouted from a man’s rib, the  friendly co-existing animals in the garden of Eden, among others. In the realm of reason, the bible stories play like myths and fairy tales. It is also inconsistent to select which part of the bible uses logic, and which part uses faith. If we think that, say, an eternally burning bush is logical, then we are betraying our faith; if we use faith to validate such unusual experience, then we cannot be logical in its sense. See, no matter how impossible and illogical an existence can be, if a person has faith, then he or she must not need any explanation. That is faith, far from the logic used by Scholasticism. To use the Scripture to explain a universal existence damages the fact that other civilizations believe in their own god, outside the Jewish and Christian belief of ‘God’. Would it not constitute prejudice to the different civilizations on the corners of the world to assert a predisposition which intends to serve a selfish desire of personal salvation? Or the; “if you don’t join us, then burn in hell” mentality? Perhaps faith, is simply a belief taught by a society which one, in the sheer accident, belongs to - I, for instance, would've been a muslim if I was born in an Arab country.

Another of Thomas Aquinas’ greater flaw is to 'assume'. How could he be sure that all his reasons exist in such a very enlightened mind (such like his)? How could he assume that there should be an order and a mover? How could he use the system governing the inexplicable universe  in explaining the system that could explain a god’s existence? What made him rank his ways into a more obvious or not? If there is really a prime mover, how could he be sure that the prime mover was the Christian God? How could he say that ‘all man’ recognized the Christian God as their own god? What made him think that he can lay and post his own premise and answer it in his own theories alone?

Questions.

See, ‘truth can only be achieved when it survives numerous questions’. Throughout centuries, the existence of a god was mostly reduced from a debate to a choice – only the person can choose and decide what to believe in. In the 16^th century, Agnosticism was developed for people who choose the middle ground. It proposes that we cannot talk of something that is beyond the facts that we know. That, our minds, which is capsuled in a mere piece of flesh, cannot grasp something that is really vast and transcendent. In the words of a philosopher; ‘how can a god, who has thoughts higher than us, expect us to think like him and know what is to be expected from us?’ Can we really prove or disprove the existence of a god? Whether it is just a concept created by mankind to justify their own existence, whether we created god, or God created us, may not be as important as it was before. A certain joke proposes that ‘debating whether a god exists or not is like lice or flea debating if there is a dog; debating who the real god is like those lice debating the name of the dog’. A drunk I overheard at a bar even shouted, ‘Yes, God can do everything except for one thing…to show himself to us!’. We have to wonder why, just like that drunk; why not show himself and command us lower beings? Why not show him once and for all to settle the minds of the skeptics?…but then, when all questions have been raised, all the faithful will comfort us with the same idea(excuse) that the god/s who can’t show himself/themselves only wanted us to have faith in him/them, even without seeing anything. Faith and reason may never blend.

Just like the tiny ant who will never know the name of the American president, or the dog who will never know the Diplomat of Iraq, our limited consciousness is only restricted by what we experience – far from the knowledge of the gods we want to covet to understand the world, and our existence. We are mere dust and this vast and limitless universe that we know or we wont ever know, and we are only sure of one thing – life. And, if there is that one good thing which can come up from these debates, it is humility and humanity. That, our short lives may be spent for the purpose of living and co-existing with other lives in this world of nations and institutions which pale in comparison with the size of the universe and vast ideas that we will never know. Perhaps, that is what matters most.

(Read Thomas Aquinas' Summa Theologica here http://www.sacred-texts.com/chr/aquinas/summa/index.htm)

Using BLOG articles

I started blogging last summer when a friend encouraged me to attend the first Baguio Bloggers conference in the town. After about a dozen posts in the web, I observed that ‘blogging’ did not only become a trend for this generation’s youth, but also to numerous professionals including lawyers, doctors and other experts who wanted to share information to the world wide web. It became the new tool to inform, to influence, even to entertain. Among lawyer-bloggers are Atty. Harry Roque with his law and legal opinion blog, Atty. Fred Pamaos’ “AttyatWork” and Atty. Manuel J. Laserna Jr.’s ‘Philippine Laws and Cases’. For most of them, ‘blogs’, or the social media in general, are the new vehicle to share ideas and communicate, aside from serving as a personal journal to things that are close to their hearts.

Just recently, Philippine netizens reacted over Senator  Sotto’s “plagiarism” of the work of an American Blogger named Sarah Pope. It was first denied by both Sotto and his chief of staff, Atty. Henry Villacorta. The Senator maintained that he did not plagiarize anything saying in the news that;

“Itong blogger na sinasabi nila, eh pareho kami ng pinagkunan eh. Ang pinagkunan namin si Natasha Campbell-McBride. And in my speeches, even in my first speech and my second speech, I’ve always said, every now and then sinisingit ko, hindi po ako nagdudunong-dunungan ha. Hindi po galing sa akin ito.” (This blogger they’re mentioning, we got it from the same source. Our source is Natasha Campbell-McBride. And I’ve always said, I’m not pretending to be wise. This does not come from me.)

“Bakit ko naman iko-quote ang blogger? Blogger lang iyon. Ang kino-quote ko si Natasha Campbell-McBride.” (Why should I quote a blogger? She’s just a blogger. I’m quoting Natasha Campbell-McBride.)

In a surprising twist after, his chief of staff finally admitted that parts of the Senator’s speech against the RH bill indeed were copied from a blog by the foreign author who calls herself the “Healthy Home Economist”, to the dismay of the blogger. "Let me say that after asking my staff, indeed your blog was used but only in quoting also from the same book of Dr. Campbell-Mcbride." Atty. Villacorta maintained.

Sarah Pope responded to Villacorta in her blog's comments section saying, "I don't like the fact that my blog was used without my permission against the education of the women of the Philippines and their reproductive rights.” The blogger further explained that the issue in question is plagiarism.

“My blog was quoted, not Dr. Natasha Campbell-McBride. I put her work in my own words and you copied my words." Sarah Pope concluded.

As most bloggers were not amused by this ‘Sotto fiasco’, social media like facebook, twitter and blogs were bombarded with internet memes which made fun of the Senator and the plagiarism issue. Senator Sotto, in his defense, maintained that he did not plagiarize anything because Sarah Pope’s work was not copyrighted.

So are blog articles protected by copyright?

We think so.

A (literary, artistic, or scientific) work is protected by copyright at the moment of its creation. The Berne Convention, which the Philippines is a signatory of, also provides the principle of automatic protection. This principle emphasizes that a work is protected by copyright at the moment of its creation hence protection needs no formality. It means that one may not register a work in order to be copyrighted unlike patents or inventions.

Hence, as work is copyrighted the moment it is created, the author of such work is vested with rights which include, among others, “attribution rights”. This means that no one, not even a Senator, can just take a work or a piece of it and  use it for its own without asking permission or acknowledging the author (Fair Use of Copyrighted/Protected Materials).

So, was there a violation of copyright in this incident?

We also think so.

In determining copyright violation, Sec 185 and Sec 184 of the Intellectual Property Code must be considered;

(Sec 185 defines what "Fair Use" is, and Sec 184 creates the instances when no infringement can be claimed when using these "Fair Use" materials)

"184.1. Notwithstanding the provisions of Chapter V, the following acts shall not constitute infringement of copyright:

xxx.

(b) The making of quotations from a published work if they are compatible with fair use...... : PROVIDED, That the source and the name of the author, if appearing on the work, are mentioned".

The provisions of Sec.185 and the passage found in Sec. 184 guarantees “attribution rights” to the original author. Failing to attribute can still make one liable for copyright violation under Sec. 184, even if it complies with all the requisites of Fair use under Sec. 185.

In Habana vs Robles (310 scra 511, 1999), the Supreme Court said that it is not merely copying but 'copying which results to injurious effects', further pointing out that 'there can be injury even if "economic harm" is not proven'. The court said that, "Petitioners’ work as authors is the product of their long and assiduous research and for another to represent it as her own is injury enough." Clearly, Atty. Villacorta and Senator Sotto can not assert that there was no “harm” done.

Since Sen. Sotto refused to attribute the materials he appropriated for his Turno en Contra, he cannot clearly hide under Fair Use because attribution is still one of the requirements in that principle. Similarly, non-commercial use of copyrighted work does not automatically remove any chance for copyright violation.

For what it's worth, simple acknowledgement would have sufficed considering that, after all, the literary pieces were used while in the exercise of legislative privileges.

(sources: Star Publications, ABS-CBN, Filipinolosophy, Philippine laws and cases )

Another teacher's day

My student headed immediately to her seat with that stiff and noticeable heaviness. I gave her an 80 and I sensed that I have to do the ‘drill’ again. “Class..”, I waited for them to tone down, “…if you think that you deserved more than what I’ve given, please talk to me…”. This is just one of the ‘teacher’s drill’ that I try to avoid as much as possible; giving grades comes next to grading their papers. “If we have to adjust them because your scholarship depends on it…perhaps you can talk to me so we can come up with a way to adjust it…although, you have to invest extra hours on it”. I was consciously searching for a loophole in teaching ethics to justify what I just said, to no avail. “I’m so kind..”, I whispered to myself -  I wish that I was my instructor in college. I encountered heartless teachers; teachers who will fail you because you were unlucky enough to be 'targeted' in their 'dart-grading system', or because your haircut simply irritates them, and I came to the conclusion that indeed, I am still ‘nice’.

What happened with being contented with 75? I recalled that I even failed my Statistics subject, dropped two other subjects because the teachers are "mean" (plus my college-rock-and roll-habits and absences), and 80 is a depressing grade? Back in our days, we celebrate 75 like how we celebrate birthdays. So what is it today? I decided to finish giving the rest of my class their good/bad news before I resume my ‘lecture’.

“Grades are just numbers”, I continued, trying to recall random lines in drunken debates I had with college friends. “You know,  I can give you 98 or even 99, but can you justify it?” For three seconds, I let them absorb what I said. Their puzzled looks hinted me to continue, “Let us say you apply for work and they are impressed with your grades. They call you for an interview, a demo of some sort. Can you do it with the standards of a student who gets 99 as a grade? Most heads finally nodded to my relief; I don’t know if I can continue with the lecture anymore. It is time for another ‘life-story’ telling (which may be inspiring to some, and annoying to...many). I can show you my transcript tomorrow and you’ll laugh at it. It is not really a good sight to see…But, I am surprisingly here as your teacher…why? Not because of the grades, but experience, and not merely experience, but the skills you gain from it. Before we graduate, most of us are tutoring already. It means that when we graduate, may edge na kami. We get excited in job hunting and before we know it, madami na pala kaming napagdaanan. I realized that I am already 25 years old.

“Sino ba kasi mga working students dito? I’ll give plus…direct to the grade”. Their eyes finally gleamed and six proudly raised their hands. “I want certifications before I give it, and don’t ever think of faking one because I’ll call your boss.” Who am I to talk that way anyway? With all my past mistakes, I realized that it is all by duty as a mentor to encourage righteousness even if I am far from being righteous.

We have yet to dismiss our class after ten minutes but I decided to call it a day. I rushed to the faculty room avoiding eyes to hide my suspicious ‘early arrival’. I turned my laptop on, pulled my drawer and grabbed the thick yellow papers I failed to grade a week ago. Being a teacher really demands most hours of your life, especially the grading part. Two hours to prepare lessons, Five hours to draw X-marks and ‘check’ marks, another hour to advice students – I let out the usual sigh. Add your graduate school requirements and it usually and mysteriously forces one to go 'sleeping' or go 'facebooking' instead. I was heading out of the school when I realized that irony. "Kamusta ka naman buhay-teacher hehe" , I reflected as I walked away from the building.