Why Pacquiao Should Not Give In

Manny Pacquiao has proven himself on the ring many times already that a fight with Floyd Mayweather, Jr. - although it would certainly add more laurels to his cap, not to mention money to his already bulging pockets, if he were to win and there's a big chance that he just might - is not really something to crave for, especially so in the face of the harassment, denigration and character assassination he is now taking from the Mayweather camp.

Some people are wondering why Pacquiao would not want a miniscule amount of blood taken from him close to the scheduled fight on March 13 if he is not taking any steroids or other performance enhancing drugs. In fact this is the line being drumbeaten by Golden Boy Promotion's Oscar Dela Hoya in his blog. The easy answer is that Pacquiao need not give in to each and every demand by Mayweather, especially so if Pacquiao has complied with and passed with flying colors each and every testing requirement of the Nevada Athletic Commission in (NAC) determining if boxers are clean before being issued their licenses.

Nevertheless, despite his unquestioned record since turning pro - that is until Mayweather decided to blemish it with baseless accusations - Pacquiao is willing to submit to blood tests on three occasions, viz: in January when the supposed match will be announced, earlier than 30 days before the fight, and in the locker room immediately after the fight. As observed by one sports writer, what could not be detected by a blood test done immediately after the fight that a test done before it would reveal if indeed Pacquiao were using steroids? Mayweather's refusal to this condition, as a compromise to his unreasonable demand, would only show that his only intention is to harass and subject Pacquiao to humiliation.

It is true that urine tests alone cannot detect some performance enhancing drugs, such as human growth hormone (HGH) injections, but then the testing protocols of the US Anti-Doping Agency (USADA) being proposed by Mayweather are not the tests being administered for boxers by the NAC. Lest I be mistaken, the NAC also administers blood testing and Pacquiao has always submitted to such tests before in securing and renewing his license. If the NAC's testing protocols are being challenged as insufficient or unreliable in determining whether a boxer is clean, is the Mayweather camp then saying that a whole line of other boxers who have shone on the ring, Dela Hoya included, also have questionable successes?

There is no question that Manny Pacquiao has already achieved sterling success as a boxer. He is the reigning pound for pound boxer in the world, ranking number one in many boxing magazines, including the prestigious Ring Magazine; he has been featured several times in Time magazine, among them are when he was included among the top 100 persons of the year and when he was featured on the cover of its Asia edition. He is now considered as a boxing all-time-great by boxing's respectable commentators and analysts and is even being compared with the likes of boxing legend Muhammad Ali and Sugar Ray Leonard, among others.

Floyd Mayweather, Jr., on the other hand, has not had such recognition. It is true that he remains undefeated, but that only speaks of the selectiveness of his bouts. Unlike Pacquiao, Mayweather has been known to pick only fighters that he can take. And unlike Pacquiao, he fights dull matches and preys only on his opponents' unguarded moments. In other words he plays it safe. Pacquiao, on the other hand, has taken on seemingly tough fighters for his built, size and weight. He has ventured into the unimaginable by competing in matches that boxing analysts thought were ridiculous and lopsided against Pacquiao, only to find themselves proven devastatingly wrong as each and every fight turned out completely the opposite with Pacquiao demolishing his opponents. Unlike Mayweather, Pacquiao charges even when his opponent is on the guard and ready for him, prevailing in the end as a true testament to his mettle and skills.

So what has Pacquiao to prove more? Nothing. He has done boxing a great service. He has revived a dying sport, when fans have moved on to the more violent mixed martial arts genre. As the recognized and reigning best pound for pound fighter and the welterweight champion, it is not up to him to give in to unreasonable and unnecessary demands. If Mayweather really wants to face Pacquiao, he should do it in accordance with the prevailing rules of professional boxing. In fact, if there is anyone who should dictate terms, it is Pacquiao and not the other way around.

Just Lynch Ampatuan, Jr.

The National Press Club (NPC) has decried lawyer Sigfried Fortun's decision to defend Datu Unsay Mayor Andal Ampatuan, Jr., suspect on the Maguindanao massacre that claimed the lives of 57 people, including 30 journalists. It is even reportedly contemplating on declaring Fortun as a persona non grata and banning him from attending all media events.

While the Maguindanao massacre should be condemned in the strongest possible terms, we must not let our emotions get the better part of us. However strong the evidence may be against Ampatuan, Jr., no less than our Constitution presumes his innocence until evidence to the contrary is proven. Due process requires that he be given his day in court, accorded a fair trial and only after evidence for or against his innocence is presented that he may validly be judged either innocent or guilty.

In the midst of all these substantive and procedural safeguards, Ampatuan, Jr. is entitled to competent legal representation. Fortun is merely performing his legal duty as an officer of the court whose oath requires him to defend any person accused of a crime. Instead of being condemned, Fortun should even be lauded for helping make the judicial system work and go about its business of dispensing justice. Imagine if no one would represent Ampatuan, Jr. Given the seriousness of the charges against him, it is highly unlikely that the court will proceed without him being represented by a lawyer, especially so that he has preferred to be represented by one. This will definitely not be good as trial will be postponed indefintely and consequently delay the victims' relatives' - including the NPC's - plea for justice.

What alternatives do the NPC and those people who condemn Fortun for defending Ampatuan, Jr. have? If Fortun is taken out of the picture, most assuredly someone will take his position if the trial against Ampatuan, Jr. were to proceed. If no one will voluntarily represent Ampatuan, Jr., the court trying the case will be forced to appoint someone. Now, will the NPC also decry and declare as persona non grata the person who will be appointed as new defense counsel? How about the judge who will appoint the lawyer, will she also be condemned considering that she will be instrumental in giving Ampatuan, Jr. someone who will defend him?

Perhaps we should just lynch Ampatuan, Jr. and strike-off from our Constitution and statutes book due process protections and abolish our courts altogether. I am not saying this is what the NPC wants as well as those oppose to Fortun and lawyers defending undesirable people, but come to think of it this is precisely the implication of not wanting accused people to be given their day in court and accorded competent legal representation.

Were the court to deny Ampatuan, Jr. his right to legal representation and force him to defend himself, aside from violating his constitutional right to have a counsel of his own choice, the court would be prejudging his guilt already, for why would the court refuse to deny such representation if not dictated by the conviction that he is guilty of the crimes charged against him? This is not the kind of court we would like to dispense justice for us.

To be sure, there is someone out there crying how could Fortun, or any lawyer for that matter, defend a monster like Ampatuan, Jr? Some people may not buy it, but it is not for the lawyer to judge his or her client; that is a matter for the court to decide. Unless we want to go back to the age of trial by ordeal - where a person's guilt or innocence is decided in strange ways, such as being pronounced innocent if a person submerged in water does not drown or guilty if he does, or innocent if the accused's hands heal within certain days after suffering injuries from being dipped in boiling water or being pronounced guilty if the accused loses in a duel - we have to settle to the fact that we now have a judicial system that allocates responsibilities to different participants for the purpose of painstakingly ascertaining the facts and circumstances of a case to determine who is innocent or guilty.

A criminal defense lawyer, like Fortun, performs the essential function of ensuring that a person is not unjustly accused and that only after proof beyond reasonable doubt is established may an accused person be adjudged guilty and penalized. In essence he represents the criminal justice system, as much as the public prosecutor does.

If justice were to be dispensed, Andal Ampatuan, Jr. - like any other suspect and without regard to his guilt or innocence - deserves to be represented by a competent counsel of his own choice. To borrow the words of US President Obama, there is no incompatibility between our safety and ideals. We must not throw away the legal protections provided by the Constitution in our quest for justice, however reprehensible the charges against an accused person are.

Having said the foregoing, it is hoped that Atty. Fortun will stand only by what is just, ethical and proper in proceeding with the defense of his client. While he is expected to exercise utmost zeal and dedication in the defense of his client, his oath also dictates that he should not delay the cause of justice and defend his client using only fair, honest and legally permissible means.

The Evil of GMA's Congressional Bid

Post-presidential involvement in politics is not something new. We know, for example, that the late Coazon Aquino continued to involve herself in politics long after she ceased being president, as did Fidel Ramos and Joseph "Erap" Estrada. In the US, from which we copied our presidential system of government, many former US Presidents continued to be active in politics long after they have stepped down from office.

It is also not a new phenomenon for a former president to run for or be appointed to a public office after completing his term. John Quincy Adams, after serving as the 6th president of the US, was elected as a member of the US House of Representatives. Now contrary to what the critics say, this would not necessarily cheapen or demean the presidency. John Quincy Adams's incumbency as congressman for 17 years was served well in championing civil and political rights that eventually led to the removal of the prohibition on introducing legislations against slavery.

Of course GMA's candidacy for Congress is unprecedented in the Philippines. What leaves a bad taste in the mouth about it, as described by Sen. Chiz Escudero, has something to do less with demeaning the presidency than with GMA's nine years of presidency being characterized by corruption and abuse of power, and a nagging question about the legitimacy of her ascendancy to power. During her incumbency, GMA's admininstration has been beset by scandal after scandal, such as the $329-million NBN-ZTE broadband network deal, $14-million IMPSA power plant project, P728-million feritlizer fund scam, P321-million Jose Pidal accounts, and, not least of all, the "Hello Garci" scandal - our very own version of Watergate which should have brought down GMA's presidency as it did Nixon's. To this day, however, not one has been put behind bars despite these egregious scandals of brobdingnagian proportion.

The opposition have raised fears of GMA manuevering her way into power again in running for a congressional seat. The theories range from her gaining the House Speakership, directing a charter change toward a parliamentary government that would make her prime minister, to acquiring immunity from prosecution. But the message that should be stressed is the evil of electing someone whose governance has been tainted with corruption, official wrongdoing, scandals, abuses of power and electoral fraud.

To be sure, GMA being back at the helm is a distasteful proposition. Reprehensible even. But for now this is conjectural and may not happen at all. The opposition should come out strong and emphasize the evils that lurked under GMA's tenure in decrying her return to politics, instead of harping on conjectures about her return odyssey to power. While it is true that none of the charges against GMA have yet been proven - at least in a court of law - there is no denying, however, that these scandals and official malfeasances did take place. And they took place under her watch, which speaks volumes about her competence and effectiveness as a leader. Even worse, the public have yet to see the hand of the law reaching the guilty, while GMA thwarted, under the guise of executive privilege, every effort to bring to light the facts and circumstances surrounding these scandals.

The candidacy of GMA will ultimately be a referendum on her presidency. Her election as a Pampanga representative come May 2010 will put a stamp of approval on all that she represented under her nine years of incumbency as president - something every Pampangueño should seriously ponder before doing.

Pacquiao Makes History

Manny Pacquiao made history by defeating Puerto Rican Miguel Cotto on Saturday through a technical knockout (TKO) on the 12th round. Starting his professional boxing career at the flyweight level at 106 pounds, Pacquiao has defied conventional wisdom by moving up through six weight categories, victory after victory. Instead of weakening as he increased his weight (latest is 144 pounds), he proved even faster and a more skillful fighter. With his defeat of Cotto, Pacquiao now holds his seventh title.

If his critics weren't convinced of his abilities in his bouts with Diaz, Dela Hoya and Hatton, this time around Pacquiao's victory against Cotto leaves no room for equivocation. Cotto was a natural welterweight, holds height and age advantage over Pacquiao, is known for his power punches, and holds an impressive record (only one loss and ending most of his victories in knockouts). Saturday night's match proved that Pacquiao is truly a skillful, fast, powerful and strong fighter. To Cotto's amazement, Pacquiao landed punches after punches without him seeing - punches that knocked him twice, bloodied and bruised his face, and would have sent him on the canvass for a final knockout had not the referee stopped the fight on the 12th and final round.

Pacquiao also proved that he can take punches. Although Cotto landed a many good punches, jabs that jerked back Pacquiao's head several times, Pacquiao remained unperturbed and continued landing his firepower on the weary Puerto Rican, whose only move at the later rounds was to finish standing by running away from Pacquiao's fury - that is, until the disappointed Pacquiao caught up with him and delivered his final pounding.

Now that Pacquiao has shown who the true pound-for-pound king is, an ultimate match with undefeated Floyd Mayweather looms next year. It is reported that any time this week talks will be arranged between the fighters' promoters for this much-awaited fight. Assuming Mayweather doesn't become greedy and does not spoil (or perhaps avoid) the match-up by demanding an unreasonable sum, will that mean Pacquiao will have to temporarily shelve his political ambitions, considering that next year will be election year?

If this dream match unfolds, Pacquiao will definitely need all the time to concentrate on his training and preparation. The last thing Freddie Roach needs - and Pacquiao even more - is a boxer who will need to attend to his constituents' needs as he prepares for a big fight - probably the biggest fight of his career.

Legal Issues on Erap's Candidacy

Even before former President Joseph Ejercito Estrada's Wednesday announcement to claim the presidency again, his eligibility for the office have long been the subject of much debate. Legal scholars and laymen alike have given their two cents' worth on the issue. Once again, we will revisit the legal issues surrounding Estrada's second quest for the presidency or, as he calls it, the "performance of his life."

Let us start with a little background. Estrada was elected president in 1998, but his tenure was cut short when on January 2001 he was ousted from office during the so-called EDSA II revolution where the Supreme Court, in an unprecedented manner, made then Vice President Gloria Macapagal-Arroyo the president by administering to her, through then Chief Justice Hilario Davide, the oath of office for the president. The Supreme Court later on legitimized GMA's assumption of office by ruling in Estrada v. Desierto that Estrada resigned the presidency under the artful doctrines of "totality test" and "constructive resignation." In 2004, after serving about three years as president, GMA run for and was elected as president.

The constitutional provision dealing with the election and term of office of the president is Article 7, Section 4, which is pertinent to the eligibility of Estrada to run. The provision reads as follows:

Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.

Those who support the eligibility of Estrada raise the following positions: (1) The bar on second election to the presidency applies only to the incumbent president and (2) Estrada served as president for two and a half years only.

The first position argues that in prohibiting the election of a person to the presidency for the second time, the second sentence of Article 7, Section 4 refers only to the incumbent president as evidenced by the use of the definite article "the." Thus, in saying that "[t]he president" is not eligible for re-election the phrase simply means the sitting president, which at present is GMA. This position is further reinforced by the use of the word "re-election." The proponents claim that re-election refers to one who has been elected to an office and is seeking to be elected to the same office immediately upon the expiration of his or her term.

Since Estrada is not the incumbent president he is not covered by the prohibition on re-election to the presidency. As former Supreme Court justice and DOJ secretary Serafin Cuevas said, Estrada is not seeking re-election but a new election.

This interpretation would, of course, mean that not only will Estrada be eligible to run for president again, but also Fidel V. Ramos and others who will become president later on - after they are no longer in office. It advances the view that the prohibition on second election to the presidency is not absolute.

The opposing view, on the other hand, states that the use of the definite article "the," before the word president, and the word "re-election" in Section 4 are not conclusive grounds in saying that the prohibition on second election to the presidency applies only to the incumbent president. It is argued that the adjective "any" before the word re-election dispels this. Thus, when Section 4 states that the president shall not be eligible for any re-election, it means that the president cannot be elected president again either immediately upon the expiration of his or her term or on any presidential election thereafter.

If the intention were that the ban applies only to the election upon expiration of the holder's tenure of office, the adjective "any" would clearly be out of place and useless. But the insertion of this adjective suggests that the ban on re-election is not limited to the election to be held at the end of the incumbent president's term but on any other presidential election. The phraseology of Section 4 looks forward which thus makes the ban on second election to the presidency apply now and in the future to the sitting president.

The adjective "any" clearly modifies the word "re-election" by giving it a non-restrictive meaning. In addition the dictionary defines re-election as to elect again. Thus, one can be considered re-elected to the same office even after the interval of one or more terms.

Proponents of Estrada's re-election also explain that the rationale of Section 4 in prohibiting re-election is to prevent an incumbent president from using the power and influence of his or her office to ensure electoral victory. Obviously this rationale would have no application to one who is no longer president, which argues for the non-application of the prohibition to a former president like Estrada. The contrary view, however, is that if indeed this is the rationale, then why is the same not true in the case of one who succeeded as president and has served as such for four years or less. The third sentence of Section 4 states that such person will be eligible for election to the presidency. Such person will be enjoying the same power and influence as president - as in the case of GMA after succeeding to the presidency in 2001 - and yet the Constitution does not prohibit him or her from running in the next presidential election. The incumbent's advantage, therefore, is not a very strong argument.

As regards the second point of those favoring Estrada's candidacy, they argue that Estrada did not finish his term as president since he only served two and a half years. This is, however, a long shot. The ban on re-election under Section 4 does not require that the president must complete his or her term before the prohibition is triggered.

A variant of this position is that since on the third sentence of Section 4 it prohibits second election only when one who became president has served the presidency for more than four years, Estrada would be qualified to run since he only served two and a half years as president. But the contrary view holds that said provision of Section 4 applies only to one who became president by virtue of succession, such as when the vice president becomes president because the president dies, resigns or becomes permanently incapacitated.

This claim is supported by the phraseology of Section 4's third sentence when it says that no person who has succeeded as president and has served under that capacity for more than four years shall be qualified for election to the presidency at any time. The provision uses the word "succeeded as president" instead of "elected as president" or "became president," which means that it refers to the rule of succession. Also, this interpretation is supported by the use of the word "election" on the third sentence of Section 4, to wit:

No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.

Obviously, one who became president by the rule of succession is not elected to the office he or she succeeded. In contrast, the second sentence uses the word "re-elected" because it speaks of one who has already been elected to the presidency.

There is view to the effect that if GMA was allowed to run for president in 2004, having served as president immediately prior thereto for less than four years, there is also no reason why Estrada cannot run for president, considering that he also served for less than four years. This proposition, however, ignores the fact that GMA only succeeded to the office of presidency in 2001 while Estrada was elected thereto in 1998.

One other legal obstacle being thrust into Estrada's candidacy is his conviction for plunder, which carried the accessory penalty of disqualification. It would appear, however, that the absolute nature of the pardon granted him by President Macapagal-Arroyo has eliminated this legal challenge.

The Mercury is Rising: A Look at Global Warming

As early as 1896, Swedish chemist Svante Arrhenius predicted the warming of the Earth's temperature through an increase in the emission of carbon dioxide (CO2). At that time, however, given the rate of CO2 emissions then, Arrhenius was not alarmed by this possibility. More than a century later, Arrhenius's prediction has become a reality with global warming becoming one of the most pressing threats to life on Earth.

While the Earth's temperature passes through a natural cycle of heating and cooling, or what skeptics of climate change call natural climactic swings, scientists have found that human activity has contributed to much of the heating of the Earth for the past century. And studies point to so-called greenhouse gases (GHGs) as the major culprits.

The Earth's atmosphere contains concentration of gases (such as methane and CO2) which trap some of the heat coming from the sun. These trapped heat keeps the planet warm and makes it possible for life on Earth to thrive and be sustained. This process is called the greenhouse effect. But years of massive GHG emissions and buring of fossil fuels, brought about by industrial processes, vehicle use, and every other human activity involving the use of energy, has abnormally increased the level of GHG gases in the atmosphere (now much higher compared to 650,000 years ago), thus making the planet hotter. Per the latest estimate, the world's temperature has gone up by more than one degree Farenheit and even higher in the polar regions.

The atmosphere's natural alternating cycle of warmth and cold usually takes hundreds of thousands of years. In contrast, we are now seeing an abnormal increase in global temperatures. Eleven of the 12 hottest recorded years occured between 1995 and 2005 ever since the thermometer can gauge the temperature. As a result of this, we are now seeing the effects of global warming taking its toll on Earth: glaciers and sea ice are melting (sea levels have risen faster over the last century), precipitation patterns are shifting wherein snow and rainfall has been observed to be increasing in certain areas of the planet, and some animals have changed their migration patterns by moving farther north in search of cooler climate.

There is now a general consensus that the question is no longer whether there is global warming being caused by human activity, but the question is more on what can be done to prevent or stop global warming. The Intergovernmental Panel on Climate Change (IPCC), consisting of hundreds of leading scientists the world over, which was formed by the UN Environment and Development Program in 1988 in collboration with the World Meteorological Organization, has released a report in 2001 declaring unequivocally that humans have caused the rise in the Earth's temperature.

Unless action is taken by the world's leading industrialized nations, such as China (now the biggest emitter of GHGs) and the United States, the Earth's temperature will continue to heat up to abnormal levels, increasing to as much as 10 degrees Farenheit. This will be catastrophic because it will melt the polar ice caps and increase worldwide sea levels that will flood coastal regions; extreme weathers will beset us, such as stronger typhoons and hurricanes; crop yields will drop greatly as increased rainfall is followed by longer periods of droughts; many plants and animals will become extinct as their habitats are destroyed. These are but a few of the dangers of global warming if left unchecked.

Let us hope that the Coppenhagen Climate Conference on December 2009, which will be participated by 170 countries and several non-governmental organizations worldwide, will result in an effective and sustainable plan to combat global warming and climate change.

In the meantime, let us do our part in helping in our own small way in the overall effort to stop global warming, such as becoming more energy efficient and saving energy in our daily activities. We can, for example, replace our incandescent light bulbs with flourescent bulbs, lower the thermostat in our heating systems during winter, avoid using our cars whenever possible, unplug unused applicances, turn off lights when not in use, etc. We could also help by participating in information drive to educate the public about global warming or urge our political leaders to take action. These individual actions, when combined together, will have great impact on our environment.