Disturbing art

When the film ‘Quezon’ was seen for the third time by the former president’s grandson, it didn’t quite sit well with him. He mentioned how social media antagonized the memory of his late grandfather, who, in his view, sacrificed a lot for the country. His reaction drew thousands of responses, noting how the film had opened a ‘Pandora’s box.’ The term is an idiom used to indicate that many unforeseen problems can arise from a single action. In this case, a work of art that touched a collective nerve.

I have seen the film myself and read the disclosure prior to the scenes where the producers informed viewers that while the events were inspired by true stories, they had taken creative liberties in presenting them. I was one of many who laughed, felt sad, and grew frustrated while watching the film. By the end, the protagonist was portrayed as more human than a leader. He has his own flaws, ambitions, and agenda. It depicted the beginnings of a kind of leadership that relied heavily on partnerships with businesses, a pattern that still echoes in the present political landscape.

The grandson’s reaction is an indication that the film, as an art form, has disturbed him and his family, which is precisely the point. It is always the goal of any multimedia product to provoke, to challenge, and to evoke emotion. Indifference is the enemy of art. When something moves you to anger, reflection, or empathy, it means the work has done its job. For a family member to feel offended to the point of speaking harshly in public is, in itself, proof of the film’s effectiveness.

The creators of ‘Quezon’ are bound by their freedom of expression, protected by the same democratic rights that allow the grandson to speak his mind. Both sides are exercising what democracy is meant to safeguard. This includes the free exchange of ideas, feelings, and perspectives. That is the true beauty of living in a society where people are allowed to disagree, to debate, and to feel strongly about their own truths.

Art that disturbs is art that breathes. There are many such works within our midst today. In Cebu City alone, over a thousand paintings are displayed in the hills of Barangay Busay where each canvas tells its own story of joy, grief, protest, or resistance. The artists behind them use color and form as their language, some even confronting issues that society prefers to ignore yet they are not punished for it. In fact, their work is celebrated, sometimes even commercialized. We are fortunate to live in a time and place where we can still create and express ourselves without fear of imprisonment.

It is right that artists and producers continue their craft, even and especially when it disturbs people. The disturbance is not an inconvenience; it is a call to conscience. A person unsettled by art begins to think, to question, to demand change and that more than anything, is where real progress begins.

ICC affirms jurisdiction over Duterte case

The International Criminal Court has cleared a key hurdle in the ongoing proceedings against detained former president Rodrigo Duterte, with the Pre-Trial Chamber I saying the ICC retains jurisdiction over the crimes against humanity case.

In a 32-page decision released on Thursday, the Chamber unanimously decided that the international tribunal has jurisdiction over the alleged crimes committed in the Philippines from Nov. 1, 2011 to March 17, 2019.

It rejected the challenge to jurisdiction filed by Duterte’s lawyers, who claimed that the ‘preconditions for the exercise of jurisdiction’ were not met when the chamber authorized the opening of the investigation in 2021.

At the time, the Philippines had already withdrawn from the Rome Statute, the treaty that established the ICC.

‘The Republic of the Philippines was no longer a State Party to the Rome Statute at that critical point in time,’ the defense said in its challenge to jurisdiction filed in May.

But in their decision, Judges Iulia Antoanella Motoc, Reine Adelaide Sophie Alapini-Gansou and Maria del Socorro Flores Liera ruled that the case was already ‘under consideration’ by the ICC prosecutor even before the country’s withdrawal took effect in 2019.

In February 2018, then ICC prosecutor Fatou Bensouda announced that her office would initiate a preliminary examination into the situation in the Philippines, particularly on killings related to the Duterte administration’s war against illegal drugs.

This prompted then president Duterte to announce the country’s withdrawal from the ICC, which took effect a year later.

For the Pre-Trial Chamber I, this move of the prosecutor already satisfied the preconditions set in the Rome Statute, which stated that a country’s withdrawal shall not ‘prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.’

‘Contrary to the arguments of the defense, the Chamber does not accept that the preliminary examination is too informal in nature to encompass a matter that is ‘under consideration’ by the Court,’ the ruling read.

It specifically noted a ‘direct relationship’ between Bensouda’s announcement and the decision of the Philippines to withdraw from the Rome Statute, seen as an act to ‘avoid compliance’ that the specific provision was designed to prevent.

‘The Philippines situation is an example of a matter which was already under consideration by the Court… The Chamber therefore also rejects the arguments of the defense that the preliminary examination and the decision to authorize an investigation were different matters,’ the court ruled.

‘The Chamber therefore finds that the Court can continue to consider the alleged crimes committed in the Philippines that form the subject-matter of the present case,’ it added.

Rep. Leila de Lima of ML party-list said the decision is ‘most just,’ adding that the victims of extrajudicial killings are a step closer to attaining justice and accountability.

The decision removes a major challenge to the ongoing proceedings against Duterte, although pre-trial proceedings are still suspended pending the resolution of the last issue raised by the defense: its request to adjourn the proceedings due to the alleged medical condition of the former president that supposedly renders him unfit to stand trial.

Medical experts are expected to submit their report on Duterte’s fitness to stand trial by the end of the month, after which the court is expected to decide on whether to proceed with the confirmation of charges hearings.

Defense lawyer Nicholas Kaufman said they ‘anticipated this decision and will appeal it.’

More grounds

Former chief legal counsel Salvador Panelo advised Duterte’s legal team yesterday to include other grounds in its motion for consideration: the Rome Statute was never published in the Official Gazette and lack of complementarity.

‘It would appear that the defense team limited the theory on lack of jurisdiction after the country withdrew its membership and conducted an investigation two years after, which is beyond the prescriptive period,’ Panelo said at The Agenda forum in Quezon City.

‘Remember that the sovereignty of a country is not being waived outright. In this particular case, because we entered a treaty, they said we waived it but we have the principle of complementarity. What does it mean? The ICC can only intervene if, number one, the member-state has no capability to prosecute. Number two, if it has the ability, but refuses to prosecute. The defense failed to include the two grounds,’ Panelo added.

According to Panelo, the court only conducted a preliminary investigation amid contention of the ICC that the Philippines has still an obligation after its withdrawal.

‘You never started a formal investigation. You investigated formally only two years after. The preliminary examination should not be considered a formal investigation,’ he added.

DepEd taps ADB, World Bank to build 55,000 classrooms

The Department of Education will seek the assistance of the Asian Development Bank (ADB) and the World Bank (WB) in constructing at least 55,000 classrooms to help address the classroom backlog of 165,000, a DepEd official said yesterday.

In an interview over dzBB, DepEd Assistant Secretary for infrastructure Aurelio Paulo Bartolome said the ADB would help in the construction of 15,000 classrooms, while the WB would oversee the building of 40,000 under a public-private partnership (PPP) program.

He added that another package is being finalized for the construction of 50,000 more classrooms.

‘If these will push through, we expect to build more than 100,000 classrooms in the next six years,’ Bartolome noted.

He explained that under the PPP scheme, private firms will finance the classroom construction and DepEd will pay them over a 10-year period.

‘The system is that we will lease it in the next 10 years. Our problem is fiscal space – if each classroom is worth P2 million, we can pay P200,000 each yearly,’ he said.

A task force will be formed to finalize a unified cost structure for classroom construction.

‘The task force will include the Department of Public Works and Highways (DPWH), the local government units and experts in the construction industry so that we will have unified costing and correct pricing of classrooms,’ Bartolome added.

Meanwhile, a ‘classroom summit’ will be held on Nov. 20 in Clark, Pampanga.

‘We will release all the information here. We can invite contractors and civil society to get involved,’ Bartolome said.

In a related development, the League of Cities of the Philippines (LCP) expressed full support for President Marcos’ directive to channel classroom construction funds directly to local governments to help address the nationwide shortage.

LCP national president and San Juan City Mayor Francis Zamora said the initiative marks a major step toward strengthening basic education and ensuring the efficient use of public funds.

‘Direct funding to cities will significantly help ease the shortage. We will ensure that every peso intended for classroom construction is used judiciously, efficiently and with full transparency and accountability,’ he added.

Zamora said city mayors are ready to coordinate with the DPWH and the DepEd in implementing the program.

Disaster-resilient

Meanwhile, DepEd has allocated P1.35 billion to support disaster-resilient learning in public schools and ensure continuity of education during natural disasters.

Education Secretary Sonny Angara said the funds will cover the printing, delivery and training related to learning packets and dynamic learning program (DLP) materials.

Angara added that the initiative aims to equip teachers and students with tools that allow classes to continue safely even when schools are temporarily closed.

The allocation includes regional funds and covers the printing and distribution of learning packets for Grades 1 to 12 (P950 million) and the DLP materials for junior high school learners (P499 million).

No Mason, no Baclaan, no excuses

Down, crippled and all, La Salle braves on with vengeance on mind against Santo Tomas to revive its title redemption bid in the second round of the UAAP Season 88 men’s basketball today at the Mall of Asia Arena.

The Green Archers march on to battle without Mason Amos and Kean Baclaan for the second straight game but brim with confidence to get payback on the Growling Tigers after their first-round defeat.

At 4-3, La Salle takes aim at Santo Tomas (5-2) in the game at 4:30 p.m. to forge a three-way tie at 5-3 with the idle and reigning champion University of the Philippines in the race for the coveted top two seeds that come a win-once bonus in the Final Four.

La Salle will have a morale-boosting 82-79 win over rival UP to ride on in an attempt to overturn a 93-84 first-round meltdown. The Green Archers, then with a full-force squad with Amos and Baclaan prior to their MCL injuries, wasted a 12-point lead in the second half.

Head coach Topex Robinson is hoping for a different result this time around, despite a crippled unit after Jacob Cortez and Mike Phillips proved their capability to still lead the charge against the Fighting Maroons.

‘We’re undermanned and we’re really being challenged. Yes, no Kean, no Mason, but also no excuses. We’re always going to come out on a test of character. There’s still a lot of games to be played,’ said Robinson. ‘So, this is not the end all be all of us. It’s just the end of the first round and there’s going to be a lot of games to be played.’

Andrea Brillantes signs with TV5

Young actress Andrea Brillantes signed a contract with MQuest Ventures, becoming a Kapatid after 15 years with ABS-CBN’s Star Magic. She was joined in her contract signing by several MQuest and TV5 executives led by businessman Manuel V. Pangilinan and Jane J. Basas.

She confirmed wanting to explore doing more movies after being relatively known for appearing in television shows, noting the storytelling is different in films. Just a few of her television projects include ‘Kadenang Ginto,’ ‘Annaliza,’ ‘Hawak Kamay,’ ‘Senior High’ and its sequel ‘High Street’, and her last appearance for ABS-CBN, ‘FPJ’s Batang Quiapo.’

Andrea is no stranger though to films having had supporting roles in ‘Crazy Beautiful You,’ ‘Everyday I Love You,’ ‘Ang Dalawang Mrs. Reyes,’ ‘The Mall, The Merrier,’ ‘Momzillas,’ and ‘On the Job: The Missing 8.’

Following her ‘Batang Quiapo’ stint, Andrea is eager to do more action projects but is also open to trying out romance and comedy as she mostly did dramas as a child actress.

EDITORIAL – Cautionary tale for the small fry

How many people know Gondelina Amata and Michael Lim Benjamin?

Amata is the former president of state-owned National Livelihood Development Corp. The now defunct NLDC was used to funnel funds from the P29.1-million pork barrel of Gregorio Honasan when he was a senator, under a crooked scheme that was supposedly designed by convicted scam queen Janet Lim Napoles.

Benjamin was Honasan’s chief of staff. Since 2022, Benjamin and Amata have been out on bail of P510,000 each. Yesterday, the Sandiganbayan’s Third Division sentenced both of them together with Napoles to imprisonment of up to 68 years for graft, malversation of public funds and malversation through falsification of public documents for the misuse of Honasan’s Priority Development Assistance Fund – the PDAF or pork barrel. Honasan did not face charges.

Those convicted were also ordered to pay P15 million each as fine, and to jointly pay the government another P15 million as civil liability.

Also yesterday, the same Third Division of the Sandiganbayan cleared former Senate president Juan Ponce Enrile, his former chief of staff Jessica Lucila ‘Gigi’ Reyes, Napoles and 30 other defendants of 15 counts of plunder and graft in connection with the misuse of Enrile’s PDAF allocations from 2004 to 2010.

Enrile was accused of receiving through Reyes a total of P172.83 million in kickbacks from Napoles.

Enrile was allowed to post bail by the Supreme Court in 2015 on ‘humanitarian grounds’ that cited his frail health and advanced age. But at 101, he’s young and hale enough to remain on the public payroll as the chief legal counsel of President Marcos.

The Sandiganbayan Third Division, consisting of Associate Justices Ronald Moreno, Arthur Malabaguio and Juliet Manalo-San Gaspar, imposed civil penalties, ordering a joint payment amounting to P338 million by Napoles and 15 of her co-defendants linked to her bogus non-government organization along with the PDAF conduits – NLDC, the National Agribusiness Corp. and Technology Resource Center. Enrile and Reyes were spared from this civil liability.

Whether the joint payment will ever be made remains to be seen. The nation is still waiting for the joint return to public coffers of P124.5 million arising from the PDAF plunder case filed against former senator Bong Revilla, his chief of staff Richard Cambe and Napoles.

Cambe was convicted but Revilla was cleared of criminal charges. Cambe died of a stroke in 2021 while serving a life sentence at the New Bilibid Prison.

All these cases should serve as a cautionary tale for the factotums of VIPs. If their bosses engage in thievery and get caught, the underlings are the ones who get thrown under the bus, and rot for life in Bilibid.

Archie Alemania guilty of acts of lasciviousness

The Bacoor Municipal Trial Court has convicted GMA Network artist Archie Alemania of acts of lasciviousness in a complaint filed by fellow artist Rita Daniela last year.

In a decision penned yesterday, October 24, the court sentenced Alemania to an indeterminate prison term of one month and one day to one year and one day. He was also ordered to pay Daniela a total of P40,000 in civil indemnity and moral damages for the psychological harm caused, with 6 percent annual interest until fully paid.

The court cited text messages submitted by Daniela, where Alemania apologized for inappropriately touching her during a car ride home. The decision said these messages constituted an admission of guilt and showed that he had voluntarily acknowledged his inappropriate conduct.

In her complaint filed in October 2024, Daniela alleged that Alemania, who was intoxicated during a thanksgiving party in September 2024, accompanied her on her way home. During the ride, he inappropriately touched her, hugged her and forced a kiss without consent as she was about to get out of the car.

Daniela’s legal counsel, Maggie Abrahan-Garduque, said in a statement that the actress was pleased with the court’s decision, having fought hard to attain the justice she deserved.

SEC adopting blockchain for corporate filings

The Securities and Exchange Commission is planning to roll out its own blockchain-based platform that enables a more secure digital authentication of reports and other documents filed by corporations.

The commission has issued for public comment a draft memorandum circular on blockchain-based digital signing and authentication of SEC documents using its verification of electronic records and information trust and authentication system.

VERITAS is a digital signature platform that will enable the transacting public to securely sign and authenticate SEC-related documents with the use of public-key cryptography.

The SEC said the system is designed to record digital signing events on a decentralized ledger, ensuring immutability, timestamping and cryptographic verification.

‘By integrating blockchain-based digital signing and authentication into our processes, we aim to strengthen the integrity and reliability of reports and documents submitted by corporations to the commission by making them immutable, permanent and indestructible,’ SEC chairperson Francis Lim said.

‘VERITAS also reaffirms our commitment to digital transformation not only by making transactions more secure and efficient, but also by reducing paperwork and cutting processing time to further improve how we do business,’ he said.

The SEC intends to immediately deploy VERITAS for public use once the guidelines are finalized.

The commission said its deployment would allow other government agencies to assess the benefits and advantages of blockchain technology and see how it could be applied within their own operations.

The draft rules seek to integrate VERITAS into the existing digital identity and credentialing system of the SEC under the electronic SEC universal registration environment (eSECURE) as well as the digital authentication platform under the electronic submission authentication portal (eSAP).

The SEC’s current authentication systems allow the public to register their corporations with the commission through a fully online process, without the need for wet signatures and notarized documents.

With VERITAS, the SEC will shift from the use of one-time passwords currently needed to authenticate documents under eSAP, to end-to-end encryption, multi-factor authentication and cryptographic signing mechanisms using the user’s private key.

The SEC said that one must first create an eSECURE account before gaining access to VERITAS under the draft circular.

Registration under eSECURE involves a mandatory credentialing process, which serves as an electronic know- your-customer procedure, to ensure that the person using the account is the one in charge of authenticating documents himself.

Submission of verified government-issued identification documents and a liveness detection protocol are required for credentialing process to establish a reliable and verifiable link between the digital signature and the legal identity of the signatory.

‘The use of end-to-end encryption, multi-factor authentication and cryptographic signing mechanisms through VERITAS will ensure that only authorized individuals can sign documents, thereby preventing unauthorized access, tampering or forgery,’ Lim said.

Sandwiched and grateful

Two conversations with two elderlies helped me appreciate and redefine a role I consider both challenging and rewarding.

Like the X, Y or Z generation, the sandwich generation (SG) is a cohort of adults like me who assume the dual responsibility of overseeing the needs of aging parents while ensuring that the necessities of our own family are attended to.

One of these dialogues happened at the airport, as multi-sized and multi-colored pieces of luggage went around the carousel area. The other took place at St. Patrick’s Cathedral days after the unveiling of the peculiarly titled mural, ‘What’s so Funny About Peace, Love and Understanding.’

A towering Caucasian gentleman, who I reckon was in his 70’s, asked how long we have been waiting for our luggage. Isn’t it good to be home, he asked. I replied with a smile not wanting to explain that New York is a temporary home, while the Philippines is and will always be my home. It was a long and tiring flight, he said, but as a veteran he always enjoys going home to the Philippines where his wife comes from. They visit his wife’s aging mother and family regularly.

We are a small family of four, he added, but when it’s time to dine out, everyone in my wife’s family comes along. It’s usually three to four cars, he laughed, and traffic is always bad, he complained.

Back there, he continued, everyone is caring, everyone is willing to help and everyone in my wife’s family picks us up from the airport (a convoy, I imagined). In that sense, I miss the Philippines, he said, sounding appreciative. You see I have another son and I asked him to pick us up tonight but he said he can’t, he’s busy. On a Sunday night when he’s not working? So now I must pay $250 for a car pick up. With my wife’s family, there is always someone to look after the needs of older people, he lamented.

Our talk ended when his younger looking wife and son, lugging their suitcases, approached him. We said hi, had a chit chat then said our goodbyes. I thought of how they must have savored their time back home and how they were pampered and taken care of. The thought of the son who didn’t bother to pick them up irked me.

It was a different story with Pamela; the elderly lady I spent a little time talking with at St. Patrick’s. We exchanged opinions while reading the narrative about the sprawling artwork commissioned by His Eminence Timothy Cardinal Dolan. Painted in oil on canvas by self-taught American artist Adam Cvijanovic, the immersive oeuvre is described as both ‘a tribute to the Catholic tradition and a meditation on American pluralism.’

She asked what brought me to New York, so I shared some tidbits of our life. I asked if she’s a native New Yorker. She is but no longer. Pamela thinks the city is now too busy for retirees like her and her husband. They moved to a new state to be near their daughter and her family. It’s a convenient set up and works both ways. Her daughter and husband get to check on them as often and they get to spend time with their grandchildren. She went on to regale me with their life in the suburb then gave me a list of theaters where I could watch off Broadway shows to support promising talents.

I wished it could be that easy for my parents. Or for my siblings and I to uproot our families to be with our parents. But we’re nomads and my parents are no longer as agile as they were a few years back. These days they prefer the comforts of home and the company of good old friends (literally!).

Once termed as the ‘peculiar position’ by American social work scholar Dorothy A. Miller, the sandwich generation, while more prevalent in societies like America where costs of caregiving and day care can be prohibitive especially for average or single income families, is also a growing cohort in countries like ours. A Pew Research Center study reveals that as life expectancy improves, ‘being in the sandwich generation can be a difficult predicament.’ The study added that the type of help needed by aging parents vary widely – from mundane home tasks to financial assistance. When matched with the needs of a growing family, plus the demands of one’s career, assuming this dual role can result in fatigue from trying to fulfill various responsibilities.

I know of friends – immigrants and overseas workers – whose annual vacations revolve around the medical checkups of their elderly parents. Or siblings who take turns to take care or visit elderly family members, albeit briefly. And I admire someone who gave up a promising career to be with a sickly and aging mother. No compromises.

So that’s how it feels to be sandwiched, to be in the middle: palaman as we call that filling, we slather in between a piece of hot pandesal or the slice of greasy ham or the thin wedge of cheese we insert in between two faces of tasty bread. Metaphorically, to be a palaman is also a feeling that could be disconcerting if we dwell on what we can’t do. On the flipside it could be very gratifying when we devise ways on how to take time off and spend precious moments with elderly loved ones.

The delight comes in relishing the reversal of roles, in pondering on those years when our parents took care of us, raised us, brought us to the doctor or scolded us (now I sometimes scold them out of concern, which I often regret). The gratification also comes from simply listening to their stories of yesteryears (I journaled most of my conversations with them) because God forbid, someday, memory might just leave them.

Mendiola riot: CIDG summons ex-Manila congressman Angping

Former Manila congressman Harry Angping has been summoned by the police Criminal Investigation and Detection Group (CIDG) for allegedly financing the Sept. 21 violent anti-corruption protest in Mendiola.

In a subpoena dated Oct. 21, CIDG director Maj. Gen. Robert Alexander Morico II ordered Angping to appear at the CIDG office at Camp Crame in Quezon City on Oct. 29.

‘Failure to comply without valid justification shall be a ground for the filing of a complaint for indirect contempt,’ Morico said.

Manila Mayor Isko Moreno earlier said a former local politician is among the personalities who are being investigated in connection with the unrest that marred the Trillion Peso March.

Angping, a former Manila 3rd District representative, has denied he funded the group that sowed violence during the rallies.

‘I will never be a financier of any movement that seeks to destabilize the government or plunge our society into anarchy,’ Angping said in an interview over dzRH.

UPLB: Hands off student leaders

Meanwhile, the University of the Philippines-Los Baños (UPLB) condemned the alleged police crackdown on student leaders who participated in protests calling for accountability and transparency.

The UPLB sought the withdrawal of the subpoenas issued to student leaders.

‘Hands off our student leaders. Hands off our right to dissent,’ the UPLB said.