09 APRIL 2019 - Copy
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Tuesday, 9 April <strong>2019</strong><br />
Daily Tribune<br />
COMMENTARY<br />
5<br />
“It would<br />
be a mistake<br />
for other<br />
countries to<br />
think that<br />
the Filipino<br />
people will<br />
succumb to<br />
bullying and<br />
intimidation<br />
in the long<br />
run.<br />
Exactly 77 years ago<br />
today, Bataan fell to invading<br />
Japanese forces. An estimated<br />
60,000 Filipino and 15,000<br />
American troops remained<br />
there when a Gen. Edward<br />
P. King negotiated their<br />
surrender. Some might wonder<br />
why we commemorate what<br />
is technically a defeat — the<br />
precursor to the inhumanities<br />
of the Death March and the<br />
horrors of occupation — every<br />
year on 9 April as Araw ng Kagitingan or<br />
the Day of Valor.<br />
What most historians know — and most<br />
people forget once they leave elementary<br />
school — is that the Fall of Bataan marked<br />
the end of the terrible struggle against the<br />
tide of imperialism. Japan had taken nearly<br />
all of Southeast Asia before it besieged<br />
Bataan and Corregidor, and<br />
by the time the Japanese<br />
came for the Americans<br />
entrenched there, the Filipino<br />
and American troops were<br />
already running low on<br />
supplies and had limited<br />
access to military support.<br />
Despite the unfavorable odds,<br />
the men at Bataan held the<br />
Japanese off for roughly three<br />
months. Corregidor lasted<br />
almost a month longer.<br />
It is that valor — that stubborn<br />
commitment to defending our nation in<br />
the face of overwhelming odds — that we<br />
celebrate today. Its significance should<br />
not be lost on us as we try to settle<br />
newer tensions between ourselves and<br />
other countries.<br />
Our Constitution decries war as a<br />
BRIEFING ROOM<br />
Harry Roque<br />
Remembering our heroes<br />
national policy and I believe<br />
that we Filipinos are by<br />
heart a peace-loving, nonconfrontational<br />
people. This<br />
is why we are committed to<br />
finding peaceful resolutions<br />
to disagreements with other<br />
nations, even though the<br />
diplomatic process can be<br />
frustrating. I am proud of<br />
the fact that we do not enjoy<br />
war, and that it has never<br />
“The Fall<br />
of Bataan<br />
marked<br />
the end of<br />
the terrible<br />
struggle<br />
against<br />
the tide of<br />
imperialism.<br />
historically been the Philippines that has<br />
displayed aggression towards its neighbors.<br />
That being said, it would be a mistake<br />
for other countries to think that the<br />
Filipino people will succumb to bullying<br />
and intimidation in the long run. We may<br />
not start fights, and we may not enjoy<br />
fighting, but I believe that if pushed most<br />
Filipinos will find it in themselves to face<br />
Concessionaires or public utilities?<br />
the trouble head-on. Even against the worst<br />
of odds, it has never been the Filipino way<br />
to just take it lying down — not when what<br />
is at stake is our nation.<br />
Our heroes at Bataan proved that. Those<br />
who carried on fighting even after Bataan<br />
fell proved that.<br />
We share in that same valor whenever<br />
we fight for the well-being of our nation,<br />
though the battles might be different. Ang<br />
kagitingan ay buhay na buhay sa puso<br />
ng bawat Pilipinong lumalaban para sa<br />
kalayaan, demokrasya at pagbabago laban<br />
sa mga mapang-abuso (Bravery is living in<br />
the heart of every Filipino who is fighting<br />
for freedom, democracy and change against<br />
oppressors).<br />
In the words of 3rd Lt. Norman Reyes:<br />
“Bataan has fallen, but the spirit that made<br />
it stand — a beacon to all the liberty-loving<br />
peoples of the world — cannot fall!”<br />
“It appears<br />
that the<br />
separate<br />
concession<br />
contracts<br />
entered into<br />
by the MWSS<br />
with the two<br />
concessionaires<br />
was approved<br />
by an executive<br />
order of a<br />
previous<br />
president.<br />
The summer heat seems unbearable, and has become even<br />
more unbearable upon hearing from the nation’s weather<br />
bureau that Angat Dam in Bulacan, from which Metropolitan<br />
Manila gets its water supply, will reach a critical level this<br />
month. Aggravating the bad news is the fact that half of<br />
Metropolitan Manila has been dry since the first week of<br />
March.<br />
That half pertains to the customers of Manila Water<br />
Company Inc., one of two water concessionaires the<br />
Metropolitan Waterworks and Sewerage System (MWSS)<br />
deals with.<br />
Manila Water caught everyone by surprise in early March<br />
when it announced that its customers will experience major<br />
water service interruptions due to the El Niño phenomenon<br />
which, in turn, means less water in La Mesa Dam, which is<br />
part of its water collection and distribution system.<br />
As a result, the last three weeks of March saw many people<br />
gathered in the streets of the Manila Water concession area,<br />
Mandaluyong in particular, all bearing empty pails and plastic<br />
containers and lining up for the precious water dispensed<br />
by fire engines and by the few water trucks of Manila Water.<br />
If that were not irritating enough, the news media<br />
announced that the customers of the other MWSS<br />
concessionaire, Maynilad Inc., which had the southern half of<br />
the metropolis for its concession area, were not experiencing<br />
the same inconvenience. Adding to the public’s annoyance<br />
was the discovery that Manila Water did not prepare remedial<br />
measures early enough to address the water shortage.<br />
What further angered the customers of Manila<br />
Water is the added discovery that both MWSS<br />
concessionaires drew their water from<br />
Angat Dam, which in early March still<br />
had a viable volume, and<br />
that, unlike Maynilad,<br />
Manila Water had<br />
the exclusive use of<br />
the La Mesa Dam,<br />
a reservoir which<br />
for mysterious<br />
reasons was<br />
already<br />
running<br />
low at<br />
a time<br />
when it should not. Under those circumstances, why did<br />
Manila Water go dry when Maynilad did not?<br />
Surprisingly, the MWSS practically<br />
admitted that it was powerless to do<br />
“It is also<br />
rather unusual<br />
that the MWSS<br />
is a regulatory<br />
agency, and yet<br />
it contracted<br />
away its power<br />
to impose fines<br />
on an erring<br />
public utility.<br />
anything about the situation.<br />
A very angry President Rodrigo Duterte<br />
summoned officials of the MWSS and<br />
both concessionaires to Malacañang for a<br />
meeting. In the end, the MWSS and Manila<br />
Water officials were scolded and told to fix<br />
up the mess.<br />
Thereafter, Manila Water officials<br />
apologized for the inconvenience and later<br />
announced that water service had been<br />
substantially restored in 90 percent of its<br />
concession area. For its part, the MWSS said<br />
that it will explore other possible sources<br />
of water. Despite those assurances, the water pressure of<br />
Manila Water remains weak.<br />
The temporary relief notwithstanding, there was the matter<br />
of the Manila Water bills for March. Customers demanded that<br />
Manila Water should not collect anything for that month because<br />
of its failure to provide the needed water. For this purpose, the<br />
help of the<br />
MWSS was sought.<br />
Inaction on the matter on the part of the MWSS prompted<br />
a militant group to file a complaint against Manila Water<br />
and Maynilad before the MWSS. The group demanded that<br />
Manila Water be enjoined from collecting on its water bills for<br />
March, and that the MWSS reconsider its earlier decision to<br />
allow both concessionaires to increase their service charges.<br />
To everyone’s surprise, the MWSS announced that it has no<br />
power to impose a fine on Manila Water for its improvident<br />
service because its concession contracts with both Manila<br />
Water and Maynilad do not allow the MWSS to impose any<br />
fine on the concessionaire.<br />
A water distribution business is a public utility. Being<br />
a public utility, it must obtain a legislative franchise to be<br />
able to operate. Under the law governing public utilities,<br />
the government is obligated to protect a public utility from<br />
competitors. In exchange for that protection, the public<br />
utility may only charge reasonable fees.<br />
It appears that the separate concession contracts entered<br />
into by the MWSS with the two concessionaires was approved<br />
by an executive order of a previous president. No legislative<br />
franchise appears to have been issued. It also seems like<br />
the concession grants did not undergo a public<br />
bidding.<br />
From all indications, the MWSS treats Manila<br />
Water and Maynilad not as public utilities but<br />
as private concessionaires. It is also rather<br />
unusual that the MWSS is a regulatory<br />
agency, and yet it contracted<br />
away its<br />
power to<br />
impose fines<br />
on an erring<br />
public utility. A<br />
contractual stipulation<br />
that does away with<br />
the inherent powers of a<br />
regulatory agency is void for<br />
being in violation of the law<br />
and public policy.<br />
President Duterte<br />
should take a second look<br />
at this mess. The public<br />
interest demands it.<br />
“Obviously,<br />
press freedom<br />
has nothing<br />
to do with<br />
the criminal<br />
cases against<br />
Ressa, who<br />
should<br />
know that<br />
journalists<br />
are not<br />
sacred cows<br />
exempted<br />
from<br />
complying<br />
with the<br />
Constitution<br />
and the law.<br />
On 9 April 1942, when World War<br />
II in the Pacific was four months<br />
old, Filipino and American troops<br />
defending the Bataan peninsula<br />
against Japanese invaders<br />
surrendered to the superior forces of<br />
the enemy. Thereafter, the Japanese<br />
forced their prisoners-of-war to<br />
trek the infamous Bataan Death<br />
March under extremely inhumane<br />
circumstances.<br />
Some of the Japanese soldiers<br />
took photographs of the Bataan<br />
Death March. A few of those<br />
photographs survived the war, and were<br />
confiscated from the Japanese by American<br />
forces who liberated the Philippines in 1945.<br />
One of those photographs was of Filipino<br />
soldiers carrying corpses wrapped in blankets<br />
attached to bamboo poles. Based on eyewitness<br />
accounts, that photograph was taken by<br />
a Japanese soldier days after the Bataan<br />
Death March ended, and the Filipinos in that<br />
photograph were part of a concentration camp<br />
burial detail headed to a makeshift graveyard.<br />
In other words, it was not a photograph of<br />
the Bataan Death March.<br />
Soon after the war, many of the photographs<br />
confiscated by the American liberation<br />
troops in the Philippines were acquired by<br />
Ressa’s reckless American media allies<br />
the Associated Press (AP), an<br />
American news agency. All the<br />
photographs were properly<br />
identified, given appropriate<br />
captions, and catalogued in<br />
the AP photo archives. The<br />
photograph of the burial detail<br />
was among those catalogued.<br />
In time, the photograph of<br />
the burial detail repeatedly<br />
found its way to many<br />
newspapers, history books and<br />
reputable publications. As a<br />
consequence, the photograph<br />
became an iconic symbol of the Pacific theater<br />
of World War II.<br />
There was one problem, though — the<br />
photograph mysteriously ended up with a<br />
wrong caption, identifying it as a scene from<br />
the Bataan Death March. Survivors of the death<br />
march were upset about the erroneous caption.<br />
That oversight remained unchecked until<br />
2010 when the AP, acting on an overture from<br />
veterans of the death march who wanted<br />
rectification, conducted its own investigation.<br />
The AP eventually confirmed the oversight and<br />
announced the correction to the public.<br />
It took a famous American news agency<br />
68 years to realize its error and to correct it.<br />
During those 68 years, the AP was unaware of<br />
THE SCRUTINIZER<br />
Victor Avecilla<br />
its misleading photograph, and was under the<br />
wrong impression that the information it had<br />
been disseminating all the while was correct<br />
and factual.<br />
That was not the only instance of erroneous<br />
reporting by an American media institution. In<br />
1948, the US presidential election was tightly<br />
contested between the incumbent Harry<br />
Truman and his Republican challenger, Thomas<br />
Dewey, who the media saw as the voters’ choice.<br />
The Chicago Daily Tribune succumbed<br />
to the pressure of its publishing deadline,<br />
assumed that Dewey will be the winner, and<br />
announced Dewey’s victory in its headline the<br />
next day. It turned out that Truman won an<br />
upset victory, much to the embarrassment of<br />
the newspaper’s editors.<br />
As a consequence of an American media<br />
institution’s reckless disregard for accurate<br />
news reporting, many of the newspaper’s<br />
readers were misinformed.<br />
This brings the discussion to Maria Ressa, the<br />
controversial personality behind Rappler, and a<br />
known critic of President Rodrigo Duterte.<br />
Ressa is currently facing a number of<br />
criminal raps. One is for cyber libel filed<br />
by a private businessman. Another is a tax<br />
evasion case. One more is for a violation of<br />
the Anti-Dummy Law, lodged against her after<br />
the Securities and Exchange Commission<br />
and the Court of Appeals ruled that Rappler<br />
violated the constitutional ban against alien<br />
ownership and management of mass media in<br />
the Philippines.<br />
In all these cases, Ressa<br />
posted bail, and Rappler’s<br />
operations remain<br />
unimpeded. She is assisted<br />
by a battery of seemingly<br />
expensive lawyers.<br />
Obviously, press<br />
freedom has nothing to<br />
do with the criminal cases<br />
against Ressa, who should<br />
know that journalists are<br />
not sacred cows exempted<br />
from complying with the<br />
Constitution and the law.<br />
That notwithstanding,<br />
Ressa and her allies in<br />
the American news media<br />
have repeatedly branded<br />
“That oversight<br />
remained<br />
unchecked until<br />
2010 when the<br />
AP… conducted<br />
its own<br />
investigation.<br />
The AP<br />
eventually<br />
confirmed the<br />
oversight and<br />
announced the<br />
correction to the<br />
public.<br />
the criminal cases against her as attempts by<br />
President Duterte to shut her up. Without even<br />
bothering to get the side of the government,<br />
Ressa’s American media allies have collectively<br />
portrayed Duterte as the villain.<br />
The AP took 68 years to realize its error.<br />
How long will it take Ressa’s American media<br />
allies to realize theirs?