Wednesday, 24 June 2020

The Battle in the Court of Public Opinion


Volume 1, Issue No. 50
OPINION/COMMENTARY
/ News That Fears None, Views That Favor Nobody /

. . . . . A community service of The Filipino Web Channel (TheFilipinoWebChannel@gmail. com) and the Philippine Village Voice (PhilVoiceNews@gmail.com) for the information and understanding of Filipinos and the diverse communities in North America . . .

 Our latest as of Wednesday, June 24, 2020 

~  Maria Ressa's legal battle has gone from court of law to the wider court of public opinion. Her defense tactic is one of shock and awe. Flooding her team with renowned lawyers who advocate for human rights and civil liberties indicates the kind of game plan she would pursue to reverse a judge's decision convicting her and a former colleague of cyber libel.

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MARIA RESSA'S CAUSE CÉLÈBRE
A Celebrity's 'Shock and Awe' Tactic



By ROMEO P. MARQUEZ
Editor, The Filipino Web Channel



"If you ever find yourself in a hole, the first thing you do is stop digging."  - Judith D. Collins



TORONTO - "Green with envy" is an idiomatic expression that means, among others, that one individual very much wants to do something or to have something another person has.

In that context, I'd say I was green with envy, not in a materialistic way, but in the sense of what the 56-year-old Maria Ressa is doing in furthering her legal defense. 

On June 15, 2020, Manila court Judge Rainelda Estacio-Montesa has found Ressa, CEO of Rappler, and Reynaldo Santos Jr., a former colleague, guilty of the crime of cyber libel and face six years of jail time. They're out on bail.

I've got to give it to her - it's quite impressive engaging international legal luminaries to fight and advocate on her behalf, especially for her who sounds conflicted about her citizenship. She told BBC "I always felt that I wasn't as American as Americans and then I realised when I got back to the Philippines that I was not Filipino."

Had I been blessed with such wealthy and influential friends and a bagful of money, I would have had mounted a robust defense of my work as an investigative journalist - unafraid, free of censorship, and free to speak out. 

Just a few years ago, I was a co-respondent in four libel cases in the Greater Toronto Area where claimed damages totaled more than four million Canadian dollars. The amount, guaranteed to make one bankrupt, is unprecedented for me as a journalist, for my principal and for the community newspaper I was writing for in Canada.

Two of the five plaintiffs in the lawsuits had died, with one winning a judgment but soon passed after a heart attack. The other complainant succumbed to cancer while the case hung.

In the third suit, the court ruled in favor of the petitioner and awarded damages, but so far could not collect, so it's still active. The litigant in the fourth lawsuit had defaulted by inaction and dismissed.

Then, now, and in the future, winning the lottery (assuming I wager) is the only possibility that would change my posture in battling lawsuits generated by my reporting. Investigative journalism is fraught with dangers to life, limb, and purse - that's the reality I face every time I write.

If luck had smiled on me at that time the lawsuits were lodged, I would have pursued the cases with a battery of reputable lawyers who are experts in Canadian defamation law. I mean real good lawyers who don't see you as a piggy bank. 

Given that background, luck is on the side of Maria Ressa, the online journalist, felon, and celebrity. (Related update: https://www.manilatimes.net/2020/06/22/opinion/columnists/topanalysis/libeled-businessman-invited-to-invest-p100m-in-rappler/733396/). She has successfully hyped and packaged herself as a victim of political persecution by a tyrannical and authoritarian government. 

She rides to world applause, a freedom fighter in Western eyes, and a hero to her Yellow supporters and purported human rights group. In reality, the accolades are undeserved for she's neither hero nor fighter. (Video at: https://www.youtube.com/watch?v=8RexihfFtXo).

If truth be told, it is Ressa's celebrity rather than her journalism that has attracted a legion of international supporters, including former US secretaries of State Hillary Clinton and Madeleine Albright. 

Celebrity attracts celebrities, and so, coming to her aid, are famed lawyers Amal Clooney and Caoilfhionn Gallagher QC of London-based Doughty Street Chambers (DSC) which has offices in Manchester and Bristol, as well as at The Hague in The Netherlands.

Clooney and Gallagher, according to Rappler, will be working with barristers Can Yeginsu and Katherine O'Byrne and top US law firms Covington & Burling LLP, including Ambassador Daniel Feldman, Peter Lichtenbaum, and Kurt Wimmer at their office in Washington DC.

"Ressa and Clooney have no difficulty getting international media attention," according to an opinion piece in Southeast Asia Globe by Tom Smith, a principal lecturer in International Relations at the University of Portsmouth in the UK

"Their global profiles were in place before (President Rodrigo) Duterte even took office in 2016," says Smith who claims to have lived and taught in the Philippines at De La Salle University in Manila. 

"However, it is their profile, as prominent and influential women holding power to account, that in part makes them targets of Duterte’s pervasive political power". This statement is both evasive and untrue.

It's dizzying to have advocates and topnotch lawyers in world capitals coming to Ressa's defense. Just imagine the costs. Just imagine the psychological impact on her perceived persecutors. Just imagine how much those barristers uplift her value and persona on the world stage. 

Reading through the names makes me say this really is shock and awe in journalism, much like the shock and awe** George W. Bush, the 43rd US president, had employed when he ordered the invasion of Iraq in 2003 for possessing weapons of mass destruction, which later proved false. 

(**Shock and awe is a tactic based on the use of overwhelming power and spectacular displays of force to paralyze the enemy's perception of the battlefield and destroy their will to fight. Wikipedia).

It's quite obvious to me that Ressa took inspiration from Bush (his father, George. H. W. Bush, was the 41st US president), showing off who she could sign up for to defend, she claims, the exercise of the freedom of speech and freedom of the press in the Philippines.

The chorus of statements of support, notably from former presidential candidate and first lady Hillary Clinton, could also put some weight, publicity-wise, on Ressa's appeal of her conviction.

Clinton's statement on Twitter that Ressa was convicted "for doing her job" and that "attacks on the press . . . are attacks on democracy" could trigger sympathy and influence outcomes. 

Amal Clooney's warning to journalists to "keep quiet, or you'll be next" is very much along the same line. And so is Time magazine's it "is the latest blow to press freedom in the country". 

Rishad Patel, co-founder of Splice Media in Singapore, could not contain himself and swoons: "To Maria Ressa, our dearest friend and a friend of freedom everywhere, I just want to say that I love you, that I'm wishing you strength, and that we will hold the line. Thank you for inspiring us".

The way these things are being played up in international media suggests Ressa is catering to the court of public opinion, rather than a court of law. 

"I have been targeted and attacked simply for being an independent journalist," she explains, a point consistent with her packaging. In reality, the many lawsuits against her and Rappler involved questions about ownership, payment of taxes, and violations of the Constitution.

"The decision (on her conviction) is devastating," she says at a press conference soon after the verdict was handed down last week. "I feel like we will keep fighting. It's a blow to us. I appeal to you to protect your rights. I appeal again - don't be afraid.

"If we can't do our job, then your right will be lost," she adds. Clever, huh? (Copyright 2020. All Rights Reserved).

Saturday, 20 June 2020

The Unhurried Summer in the Northern Hemisphere


Volume 1, Issue No. 49
OPINION/COMMENTARY
/ News That Fears None, Views That Favor Nobody /

. . . . . A community service of The Filipino Web Channel (TheFilipinoWebChannel@gmail. com) and the Philippine Village Voice (PhilVoiceNews@gmail.com) for the information and understanding of Filipinos and the diverse communities in North America . . .

Our latest as of Saturday, June 20, 2020 

The "longest day and the shortest night" of the year seems to be fated not to be enjoyed this year, no thanks to the coronavirus pandemic that continues to upend our lives. It's officially summer today and with it comes the official warning of a heatwave during the weekend.

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THE LONGEST DAY AND THE SHORTEST NIGHT
The 2020 Summer of the Pandemic



By ROMEO P. MARQUEZ
Editor, The Filipino Web Channel



Summer's splendor by the sea,
a gentle, blue serenity.
Caressing rays of golden sun,
blushing, bronzing all who come . . . 



TORONTO - Waking up thirsty as the early orange glow of the sun peers through grey skies, I knew summer is here. There is no mistaking its arrival.

I knew that from a marked change in temperature. I knew from the music of chirping birds. I knew from butterflies sipping the nectar of flowers in the backyard. 

I knew from the burst of green - food and ornamental vegetation - around the neighbourhood. I knew from unshut windows letting the breeze in. I knew from having a temporary bout with allergy from pollens.

Today, Saturday, June 20, 2020, is the start of "the longest day and the shortest night" - the summer solstice basically, in this part of the northern hemisphere. It comes officially at 5:44 p.m. Eastern Daylight Time. 

Goodbye Spring, welcome Summer!

And how energetically it comes . . . with a bang that announces itself - a heat warning during the weekend in Toronto, with forecasts of daytime maximum temperatures of 31°C or warmer, together with minimum nighttime temperatures of 20°C or warmer. 

"Extreme heat," says the warning, "is associated with negative health impacts ranging from heat stress to heat stroke and death. During periods of hot weather, the safety of all residents is the priority".

Well, that confirms in no unmistakable terms that summer is here.

Summer is celebrated in songs, poetry, movies, books, in almost every aspect of human endeavor. In our Filipino community, it is that particular time to revel in concerts, street festivals, parades, family reunions, and other activities that promote fellowship. (Video at: https://www.youtube.com/watch?v=W1cIFfkpnQI).

"Summertime / And the livin' is easy / Fish are jumpin' / And the cotton is high . . . " Remember that George Gershwin song "Summertime" popularized by Ella Fitzgerald? Or the hit song "The Girl from Ipanema" by Astrud Gilberto? These two are among the greatest summer songs. (Video at: https://www.youtube.com/watch?v=BAsU2jxTFbw).

However, it's quite inauspicious that this year, we cannot celebrate the fullness of this season, as we all used to, because of the coronavirus pandemic. (Video at: https://www.youtube.com/watch?v=liYW6EgxXu8).

We have three months to September 22 to enjoy ourselves in indoor and outdoor activities but for the cautious observance of health and safety protocols that come with the "new normal".

That means following physical distancing, self-isolation, quarantine, and a strict regimen of frequent washing of hands with soap and wearing masks (now mandatory in some countries) and other face coverings.

Prior to the novel coronavirus and the disease (COVID-19) it causes, life was easy, at least in this part of Canada; that's Toronto, where we live and work. (Video at: https://www.youtube.com/watch?v=cOR7AcJ-ASk).

I had a full appreciation of the four seasons when I moved to North America more than two decades ago. Previously, my understanding was limited to what I grew up with - the rainy (May to October) and the dry (November to April) seasons in the Philippines.

In the provinces, the townsfolks knew better. They live their lives according to the four seasons of the tropics. There's tag-lamig, tag-init, tag-sibol and tag-lagas, which basically means the same thing - winter, summer, spring and autumn.

Farmers knew when to plant and when to harvest, and the in-between times spent on other family and community activities such as town fiestas.

The pandemic does not mean the end of summer. We could still enjoy it in the safety and comfort of our homes and in the little patches of greenery in our yards. Writes Destinee: "The grass so green / the sun so bright. / Life seems a dream, / no worries in sight . . . " (Copyright 2020. All Rights Reserved).

Tuesday, 16 June 2020

Maria Ressa Guilty of Cyber Libel 'Beyond Reasonable Doubt'


Volume 1, Issue No. 48
OPINION/COMMENTARY
/ News That Fears None, Views That Favor Nobody /

. . . . . A community service of The Filipino Web Channel (TheFilipinoWebChannel@gmail. com) and the Philippine Village Voice (PhilVoiceNews@gmail.com) for the information and understanding of Filipinos and the diverse communities in North America . . .

 Our latest as of Tuesday, June 16, 2020 

The deception does not end even as a Manila judge had convicted Maria Ressa of Rappler and a former colleague of cyber libel, a crime that could land them in jail for a maximum of six years. The finding of guilt "beyond reasonable doubt" has not bothered her; she's appealing the decision and urge the people to keep fighting for their rights. Not that they lost any of those rights, it's just that Ressa could not contemplate failing in her attempts to undermine President Rodrigo Duterte.

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'DEATH BY A THOUSAND CUTS TO OUR DEMOCRACY'
Maria Ressa's Illusion After a Libel Conviction



By ROMEO P. MARQUEZ
Editor, The Filipino Web Channel


“Curses to the crooked, to the liars and to the immoral people, because only truth must triumph.” ― Maria Karvouni


TORONTO - "What we're seeing is death by a thousand cuts to our democracy."

The sentence, drawn from a speech Maria Ressa gave at a university forum last year, has become a slogan of sorts for this CEO of the online news site Rappler.

She repeated the line many times in the presence of a throng of reporters after Manila court Judge Rainelda Estacio-Montesa had rendered her decision convicting Ressa and a former colleague of cyber libel, a crime that could land them in prison for a maximum of six years.
On that judgment day in Manila on Monday, June 15, 2020, Ressa was grinning from ear to ear, hardly frightened by the prospect of serving jail time, and taking extreme pleasure at being the center of attention, again, of domestic and international media.
Democracy Philippine-style was nowhere near being cut up. Its "death" prophesied by Ressa was never imminent.
In fact, at that very moment, democracy was at its liveliest. The media frenzy and press conference that soon followed the court's decision were among the best arguments negating Ressa's tireless propagandizing.
That she and her lawyer could spew their usual beef, freely and without restraint, only shows Ressa could be such a terrific liar. Her actions belie her claim to the contrary. (Video at: https://www.youtube.com/watch?v=8RexihfFtXo).

She takes the press on a joyride to support her unfounded assertion that the Philippines and the government that runs it are corrupt to the core, that the freedoms of speech and of the press are waylaid by an authoritarian leader in the person of the foul-mouthed Rodrigo Duterte.
Where exist those freedoms, Ressa denies. But she continues to exercise them and thrives in their protective umbrella. Her Rappler's continuing presence despite legal challenges to its corporate life proves Ressa's sustained deception.
The "thousand cuts to our democracy" that Ressa imagines are at best illusory. She knows that, but she's unwilling to concede it because she would lose her luster in the eyes of the foreign media. (Video at:
Many of those who believe her are the so-called "parachute journalists" who knew nothing much of the situation, rely on local hires who feed them with information, writes about it, and then flies out of the country. (Background at: https://en.wikipedia.org/wiki/Parachute_journalism).
I've combed the internet for Ressa's cyber libel conviction story and found, not surprisingly, that the news outlets that reported it are mostly sympathetic to her plight. That means she's quite successful in convincing some reporters in the foreign media that press censorship and repression are real in the Philippines.
The "parachute journalists" and their clones would not have the time to dig deep into a story, in this instance, Ressa's. So they reported the story, inaccurately of course, since it's based on nonfactual information embellished to look like it's well-documented.
I am certain Ressa realized that many of the foreign media reports are questionable in their facts and may have been influenced by the writers' friendship with her. One example is by CNN Atlanta (Video at: https://www.youtube.com/watch?v=BKwZ0I15cpg)
I had many years of experience reporting for a foreign news agency based in Hamburg, Germany that competed with CNN (except that our main market was Europe and Africa) where Ressa once worked as its bureau manager in Manila during the time of Cory Aquino.
So, when Ressa portrays herself as a defender of press freedom and a victim of President Duterte's allegedly tyrannical policies, the foreign media would jump into the bandwagon and sign up with the mob of dissenters typically consisting of members of the political party Mr. Duterte had defeated in the 2016 polls.
"This is NOT a fight against the Press Freedom, an institution I deeply respect and uphold," writes Wilfredo D. Keng, Ressa's nemesis in the cyber libel case, to explain his side.
"For years, I have personally suffered from Rappler’s false accusations against me, which false accusations have no place in a responsible and free press. 

"My filing and winning this case assures Filipinos that published falsehoods will not remain unchallenged and unchecked in this jurisdiction but will instead be dealt with by law, strengthening the people’s respect for the Philippine Media in the years to come," Keng concluded. (Copyright 2020. All Rights Reserved).

Friday, 5 June 2020

FCT Members Renew Demand for Transparency



Volume 1, Issue No. 47
OPINION/COMMENTARY
/ News That Fears None, Views That Favor Nobody /


. . . . . A community service of The Filipino Web Channel (TheFilipinoWebChannel@gmail. com) and the Philippine Village Voice (PhilVoiceNews@gmail.com) for the information and understanding of Filipinos and the diverse communities in North America . . .

 Our latest as of Friday, June 5, 2020 

There's an epidemic of silence gripping the four-million-dollar rich Filipino Centre Toronto. The absolute stillness predates the current unconquered coronavirus pandemic by at least two years. Concerned individuals want to know why FCT suddenly turned quiet after the sale of its old building for $5.9 million, the acquisition of another structure for $1.9 million, and a resulting net of $4 million. "Hears the silence," writes the American writer Joyce Carol Oates, "like a heart that has ceased to beat". But FCT is not dead by coronavirus, it has been in hibernation for the past three years, or is it? "Quiet as a lady's fart," to quote Harold Adams.
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MELLOWED BY FOUR MILLION DOLLARS?
An Epidemic of Silence Grips Filipino Centre Toronto



By ROMEO P. MARQUEZ
Editor, The Filipino Web Channel




“If I were to remain silent, I'd be guilty of complicity.” ― Albert Einstein


TORONTO - All the world's attention is riveted to the violent dispersal of protesters across the United States who are demanding justice for the murder by police of George Floyd, a Black American, in Minneapolis, Minnesota on May 25, 2020.

Before this incident, we were - and we're still are - sheltered-in-place because of coronavirus, which so far has claimed the lives of 883 out of 11,835 cases in Toronto; 2,357 out of 29,403 cases in the province of Ontario; and 7,636 out of 93,726 cases in entire Canada. The global total is 383,000 deaths out of 6.42 million cases.

The twin developments almost made us forget about what's happening in our Filipino community in the Greater Toronto Area. The coronavirus pandemic puts almost everything at a standstill. Business and work stoppages are the new normal. Our community organizations are in hiatus. 

Nonetheless, concerned members of Filipino Centre Toronto would not be deterred from their demands for transparency and accountability in the financial affairs of the association which, as of March 16, 2020, has suspended all its services and activities due to COVID-19, the disease caused by coronavirus.

In April, the group published an Open Letter (Full text at: https://www.atinitonews.com/2020/05/an-open-letter-to-the-filipino-centre-toronto-fct-executive-officers-and-board-of-directors/) demanding a third-party independent audit of its finances for the years 2016, 2017 and 2018 in hopes it would "objectively address lingering questions and effectively put outstanding concerns to rest.

"It is incumbent on the FCT Officers to fulfill its sworn duty of financial accountability and transparency. This is core to its governance responsibility," the Open Letter reads. 

"The FCT membership and the community at large for some time now have been aware of questions and issues concerning the financial affairs of the FCT after the sale of its building property," it adds.

FCT members, originally 26 whistleblowers, have been asking for an audit, particularly in the light of the sale in January 2017 of its old building in downtown Toronto for $5.9 million. Since then, FCT spent $1.9-million to acquire a one-story edifice in Scarborough, its current office. The fate of the remaining $4 million is unclear.

Out of the $4 million, FCT has reportedly paid claimants a total of $678,000 (or $698,000). (Video at: https://www.youtube.com/watch?v=PZFXKzvQqYY). The payout has not been confirmed by FCT nor any of its officials.

From what can be gleaned from the Open Letter, it appears the FCT has never enlisted an outside audit of its monetary resources. "Since its inception in 2002, and despite past legal cases involving its finances, FCT has yet to benefit from a Third-Party Independent Audit".

Efren de Villa and Mary Ann San Juan, chair and president, respectively, of FCT, did not respond to questions emailed to them on May 31, 2020. Likewise, Ms. Maria Corazon J. de Villa, the contact person for the concerned members, did not address a request for clarity in a separate email on May 6, 2020.


Past demands for an independent audit have been ignored, if not totally thwarted by officials. As of this latest Open Letter published in April 2020, the concerned members said, "no such audit has been conducted"

The concerned members explained: "The FCT Officers have merely arranged for a limited 'Review Engagement' which is NOT an official Third-Party Independent Audit as motioned for and approved in the October 2018 AGM (annual general meeting). Moreover, there have been no Financial Statements yet finalized for 2016, 2017 and 2018 for the members to review and approve".

Why FCT officials would not, or have refused to, shed light on the financial issues is mystifying. Its chair, Efren de Villa, has so proudly declared at the opening of its office that FCT is transparent and its finances are completed religiously.

There's a big difference, however, in what was said publicly to please the ears of patrons and listeners than what's being done behind closed doors. (Related story at: https://filwebchannelmagazine.blogspot.com/2019/09/clear-filipino-centre-torontos-finances.html).

Soon after its old building was sold, monetary claimants have instantly surfaced, their names and amount of claims inexplicably hidden from public view. Documents obtained from sources within FCT, however, showed that in the aggregate, the money sought totaled $678,000.

The claimants were identified only by their initials, such as "Vicki", "RCJ", "Felino", "CRA", "Wendy" and "S and J Mechanicals" and the amounts paid, as follows: "Vicki" - $300,000; "RCJ" - $96,000; "Felino" - $122,000; "CRA" - $122,000; "Wendy" - $30,000; and "S and J Mechanicals" - $8,000.
The same secret documents indicated that "Vicki" is Dr. Victoria Santiago, a dentist, and a former FCT official; "RCJ" was Rosalinda Cerrudo-Javier, former FCT president who had succumbed in September 2018; "Felino" is Felino Javier, RCJ's husband; "CRA" is Canada Revenue Agency; and "Wendy" is Wendy Arena, a paid employee.
It's unclear if "S and J Mechanicals" is the same S & J Mechanical, which is a plumbing, heating and air conditioning company in Toronto.
"During the Annual General Meetings (AGM) and in multiple petition letters by concerned members, the FCT Officers have repeatedly been asked for complete disclosures and explanations regarding those disbursements," the Open Letter states.
The general membership has approved in October 2018 to let FCT undertake a "complete and objective evaluation of the accounting records, governance, and financial reporting". None of these has happened.

The Open Letter claimed "many members" of FCT want a "final closure" and to "start fresh" but only after the requested third party independent audit has taken place. 

An audit, according to the Open Letter, would assure members that FCT’s finance is in line with proper and standard accounting practicesthat FCT’s financial operations are in compliance with its constitution and bylaws; and that FCT is operating within the spirit and guidelines governing a non-profit corporation. (Copyright 2020. All Rights Reserved).