INDUSTRIAL PEACE?

By Philip M. Lustre Jr.

CAN the private firm’s preference for members of a particular religious sect be considered a form of discrimination in its employment of workers?

Yes, I raised this question in a media forum, where newsmakers and other news sources explain their sides on nagging issues confronting the nation.

Although I did not mention the religious sect, it was obvious I was referring to the Iglesia ni Cristo, the members of which are usually the preferred employees of several firms, notable of which is the SM chain of malls nationwide.

My question perked up Daniel Edralin, a prominent labor leader in the hotel industry, who acknowledged that the SM’s chain of malls has provided INC members with regular employment and income.

Edralin did not directly answer my question but he took pains to lay down the premises, as he dispassionately explained the circumstances for SM’s perceptible preference of INC members to comprise the main bulk of its workforce.

According to him, SM keeps on employing INC members because of their docile, uncomplaining attitude towards top management and terms of their employment. Influenced by their leaders, INC members believe it is against their religious doctrines to complain against their employers and even the terms of their employment.

This is a reason contractualization continues to thrive in private firms like SM, Edralin said, as he stressed the prevalence there of “endo,” or “end of contract,” where employees, although they do core functions, are contractual workers, whose employment is good for only five months.

Edralin said SM hires those INC members mainly for pragmatic purposes. This is to prevent SM workers to form unions or groups that would oppose contractualization, or the “endo system.”

Under the Labor Code, workers in a particular firm are required to hold elections through secret balloting to determine whether or not they want to form a labor union. It requires a simple majority, or 50 percent plus one of all cast votes to create a labor union, Edralin said.

Knowing that INC members would not vote to join labor unions because it is against their religious doctrines, SM has indeed taken a preference for SM members in the recruitment of its working staff, Edralin said.

It could be viewed as a form of discrimination, but the problem is that no particular workers have come out in the open to lodge a protest against SM before any legitimate forum, Edralin said.

In so many words, Edralin confirmed that such preference could be a form of discrimination, although he did not categorically said it was indeed illegal. In the absence of any jurisprudence on the issue, the conclusion of its illegality could not be drawn.

I am not particular about provision of the Labor Code particularly on the provisions that speak of constitutes discrimination in employment. 😳😳😳

'GOD SEES THE TRUTH BUT WAITS'

By Philip M. Lustre Jr. 

THAT day - Oct. 4, 2017 - is clearly etched in my memory. It was a televised public hearing at the Senate. It was supposed to be a public hearing on the proliferation of fake news, but Grace Poe, the pretentious but underachieving senator, went out of bounce by openly praising RJ Nieto, the pro-government blogger who goes by the mocking name "Thinking Pinoy" (or Stinking Pinoy), for his "excellent research" and "neutrality."

Grace Poe is not known for sarcasm. She does not possess the intellectual savvy and sophistication to grasp the magic of words. A former preschool teacher, Grace Poe appears to have developed quite a limited range of ways to express her equally limited thoughts. Her words could be therefore construed as her views of the world. They hardly elicit any enigma, or stimulate the deeper recesses of the intellect. She is no intellectual. Mababaw, as we say it in Tagalog.

“You know we may or may not agree with you. But if there’s anything, you do excellent research and that’s the truth. You do excellent research – sometimes against us, sometimes for us,” Poe said. Poe, who chaired the Senate committee on public information, held three public hearings on fake news. But they resulted in zero accomplishment. They were not in aid of legislation as earter bruited about; they were in aid of her reelection, as he won in 2019 midterm elections.

At one point, RJ Nieto, or Stinking Pinoy, did not lose the air of a braggadocio. The windbag Nieto said the monthly retainer fee of P12,000 he received those days from the Department of Foreign Affairs as "consultant" was just a "pittance." "Kulang pang pantaksi," he said to confirm that he did not drive. He soared a little higher by saying "the DFA needs me more than I need them."

His ego trip did not end there. "Hindi po ako nagyayabang (I'm not bragging), I have 700,000 followers, and my engagement is equal to about Inquirer plus Rappler, my engagement on Facebook, and I basically want to lend my platform so that we can reach out easier to OFWs." It was his way to say he was being paid for his blogs and that makes him mercenary. He openly bragged he had more readers than the Philippine Daily Inquirer. I could only puke at the pontifications of this asshole. Saksakan ng hangin. Punong-puno ng kayabangan ang katawan.

Why not? They were sitting on top of the world during those halcyon days. In their obfuscated views, they would never go wrong. Even Rodrigo Duterte owes his political victory in 2016 to their skillful manipulations of public opinion. These pro-government bloggers even thought they were God's gift to Philippine politics. They thought they could do anything and everything they wanted and put in Malacanang whoever they would fancy and support.

Then, the world of those pro-government bloggers has started to cave in. The institution of fact checks in 2018 is among the first in a series of blows that have clipped their wings. Fact checking has enabled major media institutions to conduct probes on the authenticity of facts and veracity of their blogs and claims. Hence, the likes of media entities like rappler.com, VeraFiles, and Agence France Presse have been empowered to declare "FAKE" (in big bold letters) whenever these pro-government bloggers come out with fake news. Mocha was among the first victims of fake checks.

No, we did not need the intellectually challenged Grace Poe to tell us how to discern fake news and what to do with them. She is a fraud and has remained useless (until now) for the Filipino people.

The world of those pro-government bloggers, who have become specialists in fake news, has further caved in when social networking sites like Facebook have taken down en masse websites of fake news and fake accounts. The cleansing process has defanged pro-government entities whose business was mainly to come with every conceivable fake news to fool the world. Suddenly, they have become toothless and powerless. Where before they were the proverbial hunters, they have become the hunted and dispossessed.

Those pro-government bloggers have suddenly become irrelevant. They are no longer in the mainstream. They have been relegated to the fringes. Modern technology has its ways of correcting itself of its mistakes and excesses. In the 2019 midterm elections, those pro-government bloggers hardly played a role. It was Comelec which did the magic in its seven hour glitch where fake senators won.

Still, I am reminded by the title of Leo Tolstoy's classic short story: "God Sees the Truth But Waits." 😧😧😧

AFTER THE LOCKDOWN WHAT?

By Philip M. Lustre Jr.

The first extension of the lockdown is about to end by April 30. Yet, it could not be ascertained if a second extension would be necessary. This is an unsettled issue within the Duterte administration.

The dynamics within the largely dysfunctional government has been upsetting, to say the least. At the one end, Sonny Dominguez, the chief revenue guy, was said to have been arguing for another lockdown extension until mid-May, saying the government has sufficient funds to subsidize the requirements of the majority – the poor.

Dominguez was said to have favored a second lockdown extension mainly to avoid a “second strike,” a concept similar to a relapse when new outbreaks among the local population occur to trigger a new and longer lockdown.

But Dominguez was said to have favored the reopening of the national economy after the second lockdown extension provided that it would have to be gradual. He has proposed of another round of increasing the excise taxes on cigarettes, beer, and alcoholic drinks to finance the lockdown, but his proposal has been rebuffed in the Cabinet.

On the other end, certain Cabinet members who have gravitated to Ernesto Pernia, the economic planning secretary who resigned earlier, wanted to jumpstart the Philippine economy by end-April to bring back its usual vigor and dynamism.

DILG Secretary Ed Ano was said to have joined Pernia, as he insisted that a second local extension would not be sustainable. There are views that extending the lockdown would greatly affect he poor and downtrodden. They will die of hunger, not the dreaded virus, a source said.

The dynamics of debates could not lead to anything concrete on policy decisions because of two essential unresolved issues:

1. The lack of reliable baseline data that could be used for policy-making; and
2. The failure of the national health system to contain the spread of the China-Duterte Virus.

Because of the two factors, the administration of the sick crazy old man has yet to come out with a national emergency action program to combat the dreaded virus.

The Inter-Agency Task Force to Combat Emerging Infectious Diseases (IATF), composed of five retired military generals, has yet to fulfill its mandate to serve as the crisis committee of sort on the development of the emergency program that has to be pursued on a nationwide scale.

According to another source, the daily count of the Department of Health hardly provides the overall picture that could be used for developing the national action program. It could not be ascertained whether current efforts have somehow “flattened the curve” on the basis of the DoH data, the source sid.

The national action program includes the curative aspect where victims are segregated from the population and treated during the lockdown period. It also includes to the rehabilitation aspect in the post-lockdown era. It could include community programs mainly to bring back normalcy to affected communities.

But what nags the issue of a national action program is DoH’s inability to contain the disease and use the DoH organization to nip it in the bud. It could not provide the essential requirements like PPEs and other equipment for the frontline medical workers.The inability of the DoH to conduct and facilitate mass testing is another unresolved issue.

It has been claimed the DoH suffers from poor leadership and lack of foresight. Francisco Duque III is notorious for incompetence. He is described the weak link in the current lockdown program.

So what will happen after the lockdown?

Even the top officials are lost and confused. The sick crazy old man could not even comprehend the extent of the crisis. This is a question that would remain a question for the coming days. In the absence of reliable official data, they have to be play it by ear, or gut feel.

WHAT MARTIAL LAW?

By Philip M. Lustre Jr. 

SINCE yesterday, I have been receiving the purported “leaked memo” from the PAF re martial law. Since I did not open it, I did not know its contents. I was not even sure how I would describe the leaked memo (why “leaked, I truly don’t know, but that was how they added mystique to a simple piece of paper).

I told several netizen-friends, who shared on separate occasions the memo to me, that I, in no uncertain terms, refused to dignify that piece of paper. Why should I? The 1987 Constitution is clear on the grounds for martial law. The incumbent president can only declare martial law on two major grounds: lawlessness and amed invasion or rebellion. Neither of the two conditions exists. Moreover, the Constitution does no mention any epidemic or pandemic as ground for martial law. Why martial law declaration?

Those pictures showing Filipino people going out despite the lockdown were fake news. They were taken before the pandemic. My lady friend Nangni clearly pointed out in a vigorous exchanges of PMs that it was near to impossible for those people to mill around those public markets. Bolstering their fake nature, Nangni pointed out the sheer number of soldiers and police officers who have put checkpoints and other barricades to minimize mobility of the people they have sworn to serve.

Granting that those picture were authentic, it could be argued too that the people were not resorting to lawless violence. These people were buying foodstuffs to feed their hungry families. What’s wrong with feeding their families? They should be admired instead for their determination to feed their families in these trying times.

Moreover, I don’t want to engage in some sterile discussions. The lockdown is about to end by the end of April. Somehow, we have to resume our normal activity. We have to break those barricades and checkpoints to show a semblance of normalcy. The overwhelming show of police and military power would have to end.

Hence, the stupid use of military and police solution to an essentially a major health issue would have to end or minimize. The police and military institutions would have to take a backseat. It could be surmised the discussions on martial law declaration were their way to confer some relevance in a post-lockdown era.

Below is the constitutional provision on grounds for martial law declaration.

ARTICLE 7, SECTION 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

NEW WORDS IN THE TIME OF COVID-19

By Philip M. Lustre Jr. 

THE pandemic caused by the novel coronavirus Covid-19 has led to the emergence of new words and phrases to reflect a new emerging subculture, or a culture within a culture. These words and phrases are used within the context of the pandemic.

“Social distancing” tops the list. It means keeping a distance of two meters or more away from the next person to avoid viral contamination. “Physical distancing” is used as its equivalent.

“Invisible enemy” refers to the unseen virus. “Flatten the curve” is the immediate objective of any program or action plan to combat the pandemic. This phrase refers to the eventual decline of infected persons as shown on the graph.

The standard Merriam-Webster dictionary defines “quarantine” as “state of enforced isolation,” but when applied to the isolation of a specific community, the phrase is “communty quarantine.” When additional measures are being imposed, the phrase becomes “enhanced community quarantine.”

When a persons suspects he has symptoms of the destructive virus, he goes into “self-quarantine,” a situation of forced personal isolation for at least 14 days. When interpersed with some contacts and modifications, it is called “modified self-quarantine.” When pursued at home, it is “home quarantine.

“Lockdown” is the emergency protocol to prevent people from leaving an area, or community. It could be total or partial. When applied in the pandemic, total lockdown has been pusued for the mass quarantine, or complete isolation of a specific number of people.

Lockdown is pursued within a specific period of time. The period beyond its due date becomes “lockdown extension.”

The pandemic has altered the people’s behavior worldwide. The work place is an example. Many workers engage in what is called “work at home,” even as they receive “stay-at-home orders” from their superiors.

Anybody suspected of being infected of the dreaded virus is a “person under investigation,” or PUI. When his previous social contacts are being traced, he becomes a “person under monitoring,” or PUM.

Google defines curfew as “regulation requiring people to remain indoors between specified hours, typically at night.” But the pandemic has given rise to an ugly variant: “24-hour curfew,” which means people in a community should stay indoor for the entire day.

Those medical workers – doctors, nurses, lab technicians, assistants, and orderlies – who attend to Covid-19 patents are aptly called “frontline medical workers.” Since they put their lives on the line, they are described as “war heroes against Covid-19.”

Persons who are Covid-19 positive but keep on going out without respect to the safety protocols are called “VIPs,” but it does not mean the traditional “very important persons.” On the contrary, it means “very irresponsible persons.”

When an VIP named Koko Pimentel was diagnosed Covid 19-positive, many netizens gave him the sarcastic advice: “Stay positive.”  No, they did not mean that Koko stays mentally positive. Your guess is as good as the guess of anybody else.

‘Protect Vico” is the new phrase for an outstanding character in the fight against the virus. This is the 29-year old Vico Sotto, mayor of Pasig City.

MY COVENANT WITH GOD

By Philip M. Lustre Jr.

BECAUSE of the unforeseen pandemic and lockdown, I had celebrated my 66th birthday without fanfare. But I’ve made it a point to pray hard and renew my earlier covenant with God, which is to dedicate the rest of my life to the cause of freedom and democracy in our country. That I would use my pen to write and communicate with our people to strengthen democracy and freedom in our country.

I am an old man, although I would insist I am healthy and energetic to advance the cause of freedom and democracy in our country. This is committed journalism for you, dear fellow netizens. I would join other advocates for freedom and democracy, good governance, and clean government. This is part of my covenant.

I am most grateful to the people who have greeted me. Thank you.

Over 1,000 friends, actual and virtual have greeted me on my natal day. Relatives from my mother and father sides, visible and long-lost, mostly younger than me, have posted birthday greetings. High school batchmates and co-alumni, and even contemporaries from the other high schools, here and abroad, have come to greet me too. Of course, It would be incomplete without mentioning my college contemporaries and friends, again here and abroad, have sent their greetings and best wishes.

I have received greetings and wishes from people whom I broke bread and toasted with bottles of beer and glasses of wine and other liquor (I've been a hard-drinking journalist all my life). Public officials, past and present, business executives, and professionals from the journalism community and other fields of endeavor are among my coterie of friends I have developed since I started walking on this planet. There were also a number of teenage friends and acquaintances with whom I shared secrets, among other things. Even my ex-gfs were around to greet me. A big number are virtual friends, or FB friends, with whom I've shared beliefs and advocacy. They are a bunch of wonderful people.

Their messages are most outstanding, reassuring, and reinvigorating. They are full of humor – divine and humanly. Some guys assuage my feeling of combined inadequacy and insecurity as I reach old age. 66? "Ah, numero lang iyan," said a netizen friend. "Bata ka pa," said another. Bata pa nga ba ako? I mused to myself. My back aches a lot, I must confess. Some friends thanked me for my "sacrifices." I began to wonder if I deserve those words, although a lawmaker friend noted I have stood in the fight when I should be relaxing at this stage in my life.

Quite a number of friends, particularly my regular readers, have egged me to continue the fight through my writings. I am no public official, albeit an elective one. I’m not elected to do the hard work, so to speak. But those words of encouragement could also be viewed as sort of mandate to complement what I strongly believe the mandate from Heaven. I see no way of saying no.

It's noteworthy to say that at 66, I still harbor existential questions. What's the point of standing out there when I could do some other things to the extent of having a more pleasure-oriented or epicurean lifestyle? That I would be standing there like an angry young man I was once four or five decades ago could baffle the peace in me.

We are all governed by our sense of values. We pursue our values. Hence, the answer is simple. I want to be with God. I want to be at peace with my God. That I would do things for the least of my brothers and sisters has always been the answer. That has always been part of my values.

Today at 66, I dedicate the rest of my life to freedom and democracy. I seek to enhance my committed journalism to the cause of our people. I seek to make my life more meaningful. I am with you, guys... Maraming salamat sa mga pagbati at papuri...

'TAMBALOSLOS’

By Philip M. Lustre Jr.

(N.B. I've never encountered a single native word that been subjected to a thorough conceptual analysis. Whew!)

IN my youthful days, my late grandmother, a pure Pampaguena, scolded me for being haughty, naughty, and hyperactive. She used the pejorative word "saligawsaw," whenever I went out of bounds.

Being old school, Lola Felisa was a stickler to decorum, or else she would castigate me using that single Pampango word.

Ilocanos have an equivalent of that word. Kids, who have the propensity for lies and hyperactivity are called "salawasaw." The two words sound so similar. I have been a little fascinated to find out their equivalent in other dialects.

While in a taxicab in Davao City six years ago, I heard over the radio a commentator, who described and lambasted a bunch of truant local public officials there as "tambaloslos."

I immediately asked the driver about its meaning. Lo and behold, it was no different from the two pejorative words I have described. That word sounded fascinating for a Manileno like me.

I posted my impressions about that word in social media, particularly Facebook, and I got plenty of replies. Indeed, that word is part of the Visayan folklore.

From a high school batchmate: “Tambaloslos means naughty, haughty and hyperactive. You always have it with you: punishment andr aching wounds! Tambal goes together with, as in "katambal;” “los” is short for hambalos or punishment and the second “los” is “galos” or wounds.”

Another netizen said: “Tambaloslos is someone who is good for nothing.”

A netizen friend said that word is a Visayan word for a “super large penis,” but it also refers to a person, who is considered "worthless."

A seemingly angry netizen said: “You’re a pr*ck" in Bisaya "Tambaloslos ka"

A netizen, who claimed to be an Ilocano, digressed from the issue, saying "salawasaw" is one who “habitually utter, or speak foul words." It is the same as “bastos" in Tagalog.

Two Ilonggo netizens likewise digressed to offer the equivalent words in Hiligaynon. A netizen said Ilonggos tag a worthless person as “sariwa-ol," while another netizen said hyperactivity is "palakan," which is derived from word "palak," or unreasonable activity.

Other netizens had varying explanation of the “tambaloslos.” A netizen said: “Tambaloslos is a supernatural being who when you are walking alone in the wilderness makes you lose your way and then try to eat you. It will first peel itself begining from his lips all the way down until its skin is inside out. Such scary sight will surely make you lose your mind and that's when he starts to eat you.”

He continued: “The antidote to that sir if you can remember first before he eats you is by turning your clothes inside out fast before he does with his skin. And don't turn your clothes inside out again until you find your way home or your intended destination.”

Another netizen said: “Tambaloslos in Bikol folklore is a mythical creature whose main characteristic is a wide mouth that stretches from ear to ear and very thick lips that measures 2-3 inches (yes, somebody must have been crazy enough to measure with a ruler just to be exact).”

This supernatural being could be called “sarawayon” in Bicolano, another netizen said in a rejoinder. Or it could be likened to a “kapre” in Tagalog folklore, another netizen chimed in.

Another explanation by a netizen: Tambaloslos, in some sense, can be understood generally as "bayag mo, (your testicle).”

It appears this word has several meaning in the pejorative sense. It is even part of the Visayan folklore.