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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?

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