Blogger's Notes:
Commentary of an Academic
(Copyright @ 2010 by Chester B Cabalza. All Rights Reserved).
Human rights is innate to every person of whatever nationality, creed, and ideology. It is a universal right that is not generally mandated by any constitution since it is innate to any natural and juridical persons. These are rights and freedoms to which all humans are entitled.
In human rights discourse, the human rights law has foundations gauging from the United Nations Charter and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. This has expanded to encompass specific standards for women, children, persons with disabilities, minorities, migrant workers, and other vulnerable groups who possess rights that protect them from discriminatory practices that had long been common in many societies.
Thus, the UN High Commissioner for Human Rights works to strengthen and coordinate the United Nations efforts for the protection and promotion of all human rights of all persons around the world.
According the CHR Website, the Philippine is a state party to about 23 international human rights instruments under the UN system. Being a State Party means that the Philippine government has the primary responsibility, duty or obligation to comply with all the obligations in the ratified or signed treaties/instruments. Among these instruments are the following core human rights instruments:
Universal Declaration of Human Rights (UDHR)
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention on the Rights of the Child (CRC)
Convention Against Torture (CAT)
Convention on the Elimination of Discrimination Against Women (CEDAW)
Convention on the Elimination of Racial Discrimination (CERD)
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
UN Declaration on the Right to Development (RTD)
It states further that it is through the observance of these human rights standards that expanding choices and opportunities of the poor and vulnerable sectors of our society could be realized under the development process. The realization of human rights is the goal of all development efforts. Governance manages development. This brings to the fore the importance of consciously and deliberately mainstreaming human rights standards in development and governance.
Form these premises, we can say that violation of human rights in the country impacts right at the very heart of national security.
On the other hand, International Humanitarian Law or (IHL), forms a major part of public international law and comprises the rules which, in times of armed conflict, seek to protect people who are not or are no longer taking part in the hostilities, and to restrict the methods and means of warfare employed.
More precisely, what the International Committee of the Red Cross (ICRC) means by international humanitarian law is that, it is also applicable in armed conflicts through international treaty or customary rules which are specially intended to resolve matters of humanitarian concern arising directly from armed conflicts, whether of an international or non-international nature; for humanitarian reasons those rules restrict the right of the parties to a conflict to use the methods and means of warfare of their choice, and protect people and property affected or liable to be affected by the conflict.
IHL is also known as the law of armed conflicts or law of war that has two branches:
(1) the law of Geneva, which is designed to safeguard military personnel who are no longer taking part in the fighting and people not actively involved in hostilities, i.e. civilians; and
(2) the law of The Hague, which establishes the rights and obligations of belligerents in the conduct of military operations, and limits the means of harming the enemy.
The two distinct concepts of Human Rights and International Humanitarian Law are important to appreciate.
The first concept is an innate right available to all human beings which is a universal concept that is provided by the Universal Declaration of Human Rights (UDHR) where the UDHR is the basic international statement that is inalienable and inviolable rights of human beings. It is the first comprehensive international human rights instrument. The UDHR proclaim two broad categories of rights: (a) civil and political rights; and (b) economic, social and cultural rights. Although, these human rights are subject to limitations, which must be determined by law, only for the purpose of securing due recognition and respect for the rights of others and of the meeting the just requirements of morality, public order, and the general welfare in a democratic society.
For instance, violation of human rights in the Philippines greatly impacts the country’s national security because most of the reported cases lead to serious human rights abuses, extra-judicial killings plus the country’s prison conditions are harsh, thereby; this subject is of a major concern. One of the most controversial examples is the Maguindanao massacre, also known as Ampatuan massacre last November 23, 2009. In most cases, denial of justice through circumvention of the judicial system, cover-up and whitewashing are fervent examples of Philippine human rights violation not to mention the various violations committed against women and children.
The second concept, covers the principle of protection and humane treatment, including protected persons, combatant status, difference between international and non-international armed conflicts, and means and methods of warfare.
For instance, in the case of Kuroda vs Jalandoni, it has been decided and expounded that the International Humanitarian Law has been used to set the binding nature of IHL norms that, “In accordance with the generally accepted principle of international law of the present day including the Hague Convention the Geneva Convention and significant precedents of international jurisprudence established by the United Nation all those person military or civilian who have been guilty of planning preparing or waging a war of aggression and of the commission of crimes and offenses consequential and incidental thereto in violation of the laws and customs of war, of humanity and civilization are held accountable therefor. Consequently in the promulgation and enforcement of Execution Order No. 68 the President of the Philippines has acted in conformity with the generally accepted and policies of international law which are part of the our Constitution.”
To sum it up, International Human Rights Law (IHRL) is applicable both in times of peace and armed conflict; holds accountable only states through their governments; protect human dignity; lethal force is used only if absolutely necessary such as self-defense or defense of others, for example; and permits derogation of some rights during public emergency. Whereas, International Humanitarian Law (IHL) is applicable only in time of armed conflict; holds accountable to all parties to the conflict, including states and non-state actors, as well as individuals; protect human dignity and deals with conduct of hostilities; used of lethal force permitted by military necessity; and absolutely non-derogable.
Monday, August 2, 2010
My Command Philosophy
By Chester B. Cabalza
A good leader, manager, and commander, which I consider myself as one; possesses strategy, vision, power and powerful ideas. A good leader like me ignites passion and inspires others. This supports my character being focused and responsible.
Leaders have different command philosophies because everyone is genetically different. The experiences of childhood and later life combine with genetic predispositions to form psychological attributes of the adult, however, as psychologists suggest in schema theory, personality attributes can change as adults encounter new problems, situations, experiences or through conscious intervention.
In my command philosophy, my personality can be reflected through my contentious style in my work ethic. I highly value hard work that shows my dedication in my job; I toil very hard and capable of intense and single-minded effort. I side with the right thing that regards strong moral principles and values and the right way in which everything must be done “right”. Perfectionism and perseverance are considered in all tasks and projects to be complete to the final detail without even minor flaws, and I stick with my own convictions and opinions. Hence, I looked up to orderliness and tidiness in doing my job. I also value prudence and accumulation which asserts my personality being thrifty, careful and cautious in all areas.
However, emotions also can have an impact in managing relationships with others. This can be externalized through empathy, sensing other’s emotions, understanding their perspective and taking active interest in their concerns.
Empathy which affects command philosophy has three kinds according to Daniel Goleman, i.e., cognitive, emotional and compassionate. Among the three, I subscribe most to ‘cognitive empathy’, simply knowing how the other person feels and what they might be thinking. Sometimes called perspective-taking, this kind of empathy can help in, say, a negotiation or in motivating people.
Believing that I am unemotional and controlling, confrontational and intimidating, these highlights my personality as a confronter, an officer who can command, and a challenging person; sometimes intense and defiant of rules. Yet with self-control, I am consistent, logical, focused and determined. These strong points of my character motivate me to hone formidable leadership skills. In fact, when I say skills, it includes any behavior, activity or tactic and usually these are intentional and utilized for an expected result. Skills include questioning, listening, reflecting, reframing, paraphrasing, behaviors, tactics and intervention strategies.
I strictly emphasize my innate leadership attributes in many areas of my management and command skills. This proves my capacity to command and move people. Hence, good leadership also works through balanced emotions using emotional intelligence (EQ) in handling my own personality and my relationships with others.
Leaders carry out this process by applying leadership attributes such as beliefs, values, ethics, character, knowledge and skills. Although, some personality traits may lead people naturally into leadership roles based from the trait theory.
For instance, as a leader I can cling to various assumptions. Say for example, in truth assumption, as a leader I can impose that “I am right, and you are wrong!…after all…I am the Boss!" This assumption causes endless grief, for the person I am poking in the chest, and myself. Moving away from assuming what I know, the ‘truth’ shifts the purposes from proving I am right to understanding perceptions, interpretations and values that affect my view, to find out that what is true rather than what I assumed to be true.
In looking the strength of my leadership and command skills, using Daniel Goleman’s frameworks on emotional intelligence: self-awareness looks at how I manage myself through emotional self-awareness that reads my own emotions and recognizing impacts using ‘gut sense’ to guide my personal decisions. The accuracy of self-assessment can be understood only if I know my own strength and limits that would enhance my self-confidence for a sound sense of one’s self-worth and capabilities.
In self-management, emotional self-control is important because it keeps my often disruptive emotions and impulses under control. These kinds of situations arise especially in dealing with difficult persons and during difficult conversations where anger and tensions are apparent in dealing with these stresses. Anger can either be physically released at the time it is experienced, or it is suppressed. Since it is rarely appropriate to release anger physically for fear of damaging relationships, or causing bodily harm, it is often suppressed. On the other hand, sometimes in tensions, emotions are not released, one of two things may happen. It may build up until it can no longer be suppressed, and explode at someone who may have had nothing to do with original anger. Or it may remain unreleased and, over a period, may cause chronic muscular holding patterns and possibly may cause damage to health.
In relationship management, inspirational leadership assumes a guiding and motivating with a compelling vision. A good leader influences, wielding a range of tactics for persuasion; bolstering others’ abilities through feedback and guidance; become a change catalyst by initiating, managing and leading a new direction. Thus, teamwork and collaborations can help achieve cooperation and team building in most of my endeavors. At the end, a good leader is not necessarily proficient in all these areas, but at least in some areas and works to develop competency in other gray areas.
Thus, in a real world, one’s command philosophy is tested and compelled in various difficult situations. It is here where one determines who’s right, who meant what and who’s to blame. With each of these assertions come crippling assumptions that can cloud one’s judgment as a good leader.
In my assessment on governance issues as a commander, the new administration must look into the population policy of the country to solve roots of the many social ills. If not watched, the population will have doubled by 2033 and may reach 200 million by 2042. The growth rate is extremely high compared with competitive ASEAN neighbors.
For instance, in environmental issues, I have positive and affirmative belief that environmental issues should not only be regarded as a fad or a trend but a reality that the entire humanity must confront with. The emphasis on environmental security should not sugarcoat the core issues that each country with various ecological situations face up to and the universal ecological issues that everyone of us share with.
In the end, based on the speech of Neil Ahrendt, I share with his thoughts that we must demand environmental protection from our leaders, our politicians, our friends, our families and ourselves. We must make a commitment to renew the spirit of innovation; we must lead by example in saying that we will protect this world so that our children and generations after them can exist in a sustainable society which does not inherently damage the ground it resides on. We must rebuild our society so that the air we breathe is clean, the sky we look upon is clear, and the waters which run throughout are free from pollution.
Based from the study of Abraham Maslow (1954) who felt that human needs were arranged in a hierarchical order. Maslow posited that people want and are forever striving to meet various goals. Because the lower level needs are more immediate and urgent, then they come into play as the source and direction of a person's goal if they are not satisfied. A need higher in the hierarchy will become a motive of behavior as long as the needs below it have been satisfied. Unsatisfied lower needs will dominate unsatisfied higher needs and must be satisfied before the person can climb up the hierarchy.
In his hierarchy of needs, in my view I have achieved already the hierarchy of self-actualization, which describes exactly how I know who am I, where am I going and what I would like to accomplish. It is definitely a state of well-being. Thus, the characteristics of self-actualizing person like me possess the following characteristics: has better perceptions of reality and is comfortable with it, accepts myself and my own natures, likes privacy and tends to be detached, relies on my own development and continued growth, has strong ethical and moral standards, original, inventive, and has a deep feel of kinship with others.
But as a person with strong red personality, being confrontational, strongly verbal, and possessing formidable leadership skills, overall, my self-assessment holds to my willful determination to assert the mental model that the strong survives and the weak do not. A stronger character motivates me to learn and exercise in an appropriate use my power in a right way.
Summing it up my command philosophy, in my own assessment, I believe that I am tough, headstrong, smart and a leader. These assets can lead me to achieve my future goals and destiny in life.
A good leader, manager, and commander, which I consider myself as one; possesses strategy, vision, power and powerful ideas. A good leader like me ignites passion and inspires others. This supports my character being focused and responsible.
Leaders have different command philosophies because everyone is genetically different. The experiences of childhood and later life combine with genetic predispositions to form psychological attributes of the adult, however, as psychologists suggest in schema theory, personality attributes can change as adults encounter new problems, situations, experiences or through conscious intervention.
In my command philosophy, my personality can be reflected through my contentious style in my work ethic. I highly value hard work that shows my dedication in my job; I toil very hard and capable of intense and single-minded effort. I side with the right thing that regards strong moral principles and values and the right way in which everything must be done “right”. Perfectionism and perseverance are considered in all tasks and projects to be complete to the final detail without even minor flaws, and I stick with my own convictions and opinions. Hence, I looked up to orderliness and tidiness in doing my job. I also value prudence and accumulation which asserts my personality being thrifty, careful and cautious in all areas.
However, emotions also can have an impact in managing relationships with others. This can be externalized through empathy, sensing other’s emotions, understanding their perspective and taking active interest in their concerns.
Empathy which affects command philosophy has three kinds according to Daniel Goleman, i.e., cognitive, emotional and compassionate. Among the three, I subscribe most to ‘cognitive empathy’, simply knowing how the other person feels and what they might be thinking. Sometimes called perspective-taking, this kind of empathy can help in, say, a negotiation or in motivating people.
Believing that I am unemotional and controlling, confrontational and intimidating, these highlights my personality as a confronter, an officer who can command, and a challenging person; sometimes intense and defiant of rules. Yet with self-control, I am consistent, logical, focused and determined. These strong points of my character motivate me to hone formidable leadership skills. In fact, when I say skills, it includes any behavior, activity or tactic and usually these are intentional and utilized for an expected result. Skills include questioning, listening, reflecting, reframing, paraphrasing, behaviors, tactics and intervention strategies.
I strictly emphasize my innate leadership attributes in many areas of my management and command skills. This proves my capacity to command and move people. Hence, good leadership also works through balanced emotions using emotional intelligence (EQ) in handling my own personality and my relationships with others.
Leaders carry out this process by applying leadership attributes such as beliefs, values, ethics, character, knowledge and skills. Although, some personality traits may lead people naturally into leadership roles based from the trait theory.
For instance, as a leader I can cling to various assumptions. Say for example, in truth assumption, as a leader I can impose that “I am right, and you are wrong!…after all…I am the Boss!" This assumption causes endless grief, for the person I am poking in the chest, and myself. Moving away from assuming what I know, the ‘truth’ shifts the purposes from proving I am right to understanding perceptions, interpretations and values that affect my view, to find out that what is true rather than what I assumed to be true.
In looking the strength of my leadership and command skills, using Daniel Goleman’s frameworks on emotional intelligence: self-awareness looks at how I manage myself through emotional self-awareness that reads my own emotions and recognizing impacts using ‘gut sense’ to guide my personal decisions. The accuracy of self-assessment can be understood only if I know my own strength and limits that would enhance my self-confidence for a sound sense of one’s self-worth and capabilities.
In self-management, emotional self-control is important because it keeps my often disruptive emotions and impulses under control. These kinds of situations arise especially in dealing with difficult persons and during difficult conversations where anger and tensions are apparent in dealing with these stresses. Anger can either be physically released at the time it is experienced, or it is suppressed. Since it is rarely appropriate to release anger physically for fear of damaging relationships, or causing bodily harm, it is often suppressed. On the other hand, sometimes in tensions, emotions are not released, one of two things may happen. It may build up until it can no longer be suppressed, and explode at someone who may have had nothing to do with original anger. Or it may remain unreleased and, over a period, may cause chronic muscular holding patterns and possibly may cause damage to health.
In relationship management, inspirational leadership assumes a guiding and motivating with a compelling vision. A good leader influences, wielding a range of tactics for persuasion; bolstering others’ abilities through feedback and guidance; become a change catalyst by initiating, managing and leading a new direction. Thus, teamwork and collaborations can help achieve cooperation and team building in most of my endeavors. At the end, a good leader is not necessarily proficient in all these areas, but at least in some areas and works to develop competency in other gray areas.
Thus, in a real world, one’s command philosophy is tested and compelled in various difficult situations. It is here where one determines who’s right, who meant what and who’s to blame. With each of these assertions come crippling assumptions that can cloud one’s judgment as a good leader.
In my assessment on governance issues as a commander, the new administration must look into the population policy of the country to solve roots of the many social ills. If not watched, the population will have doubled by 2033 and may reach 200 million by 2042. The growth rate is extremely high compared with competitive ASEAN neighbors.
For instance, in environmental issues, I have positive and affirmative belief that environmental issues should not only be regarded as a fad or a trend but a reality that the entire humanity must confront with. The emphasis on environmental security should not sugarcoat the core issues that each country with various ecological situations face up to and the universal ecological issues that everyone of us share with.
In the end, based on the speech of Neil Ahrendt, I share with his thoughts that we must demand environmental protection from our leaders, our politicians, our friends, our families and ourselves. We must make a commitment to renew the spirit of innovation; we must lead by example in saying that we will protect this world so that our children and generations after them can exist in a sustainable society which does not inherently damage the ground it resides on. We must rebuild our society so that the air we breathe is clean, the sky we look upon is clear, and the waters which run throughout are free from pollution.
Based from the study of Abraham Maslow (1954) who felt that human needs were arranged in a hierarchical order. Maslow posited that people want and are forever striving to meet various goals. Because the lower level needs are more immediate and urgent, then they come into play as the source and direction of a person's goal if they are not satisfied. A need higher in the hierarchy will become a motive of behavior as long as the needs below it have been satisfied. Unsatisfied lower needs will dominate unsatisfied higher needs and must be satisfied before the person can climb up the hierarchy.
In his hierarchy of needs, in my view I have achieved already the hierarchy of self-actualization, which describes exactly how I know who am I, where am I going and what I would like to accomplish. It is definitely a state of well-being. Thus, the characteristics of self-actualizing person like me possess the following characteristics: has better perceptions of reality and is comfortable with it, accepts myself and my own natures, likes privacy and tends to be detached, relies on my own development and continued growth, has strong ethical and moral standards, original, inventive, and has a deep feel of kinship with others.
But as a person with strong red personality, being confrontational, strongly verbal, and possessing formidable leadership skills, overall, my self-assessment holds to my willful determination to assert the mental model that the strong survives and the weak do not. A stronger character motivates me to learn and exercise in an appropriate use my power in a right way.
Summing it up my command philosophy, in my own assessment, I believe that I am tough, headstrong, smart and a leader. These assets can lead me to achieve my future goals and destiny in life.
Addressing Development Gap and Poverty in Southeast Asia
Copyright © 2010 by Chester B. Cabalza
The ASEAN Summit in 2007 agreed that narrowing the development gap remains an important task which will ensure that the benefits of ASEAN’s integration efforts are fully realized. The efforts to narrow the development gap should be aligned with the broader aspects of ASEAN’s Integration Initiatives to its acceleration in the realization of the ASEAN Community by 2015.
The overall goal of Narrowing the Development Gap (NDG) is to promote effective cooperation and mutual assistance through concerted efforts among ASEAN Member States (AMS) and between ASEAN and the rest of the world. In operational terms, NDG efforts should assist to meet the targets and commitments towards realizing the ASEAN Community.
The efforts to narrow the development gap will be driven mainly by the IAI (Initiative for ASEAN Integration) Work Plan. The IAI Strategic Framework provides the policy direction for the formulation, implementation, monitoring and reporting for the period of 2009-2015.
An ASEAN community which is conscious of its ties of history, aware of its cultural heritage and bond by a common regional identity will be realized. It is also a community which is based on free track, common democratic ideals and shared social goods including a democratic identity.
We talked about community which means that there must be some degree of commonality with in the region but the problem is that we know ASEAN is made up of countries of varying nature, cultures and values. It should not be a problem as long as everyone is committed to the same universal principles including human rights and democracy.
In the Philippines, the challenges that we foresee is about poverty which is the most common feature also in most ASEAN countries. Reducing it is not a matter of redistributing wealth to the poor countries which is associated to ASEAN communities. It is not only the empowerment of the countries through the enhancement of capacities of communities and institutions, but most importantly, the empowerment of the citizens or individuals. ASEAN’s poor communities about enhancement of capacities are the most important turning point in the empowerment of the citizens because they lack the abilities to build their coalitions, their basic organizing skills; them sending issues to local media, their horizontal information sharing and their other skills that they give to the presentation of their concerns, needs and their abilities.
As a threat to national security, poverty has become the roots of many security issues, be it national or regional, in perspective, causing the continuous rise of armed rebellion, secessionism, and terrorism, where marginalized sectors are not developed and given equal opportunities. Thus, poverty is a common feature not only in the Philippines but in most Asean countries. Reducing poverty is not a matter of redistributing wealth but also empowerment through the enhancement of capacities, institutions, and individuals. Capacity building in communities is also crucial step in the empowerment of citizens. Hence, ASEAN’s poor communities lack the abilities to build coalitions, basic organizing skills, sending issues to local media, horizontal information sharing, and other skills necessary to give presentation to their concerns, needs, and abilities.
What could be the strategies is the demonstration of effective citizen participation is the Participatory Poverty Assessment (PPA) used and implemented in Vietnam in its poverty reduction policy. Other countries in the region use the Poverty Reduction Strategy Paper (PRSP) approach developed jointly by World Bank and the IMF – participation of citizens in political decisions allowing them to take part in deigning their lives and in creating the definition of what democracy means in their own local context. Lastly, democratic process requires Education of individuals and of communities to understand the extent of its associated entitlements and responsibilities. The belief that its educational approach binds the community and the individual to the wider network of national and regional communities.
The Philippines and other poor countries in the region should have the responsibility of addressing the issue of political security community and how it relates to citizenship and concept of borders. The Philippines can begin the dialogue by engaging the diverse communities within the country, by establishing their rights and responsibilities, giving voice to their concerns, activating their potential, and affirming the opportunity to be engaged citizens of a dynamic Philippines.
The ASEAN Summit in 2007 agreed that narrowing the development gap remains an important task which will ensure that the benefits of ASEAN’s integration efforts are fully realized. The efforts to narrow the development gap should be aligned with the broader aspects of ASEAN’s Integration Initiatives to its acceleration in the realization of the ASEAN Community by 2015.
The overall goal of Narrowing the Development Gap (NDG) is to promote effective cooperation and mutual assistance through concerted efforts among ASEAN Member States (AMS) and between ASEAN and the rest of the world. In operational terms, NDG efforts should assist to meet the targets and commitments towards realizing the ASEAN Community.
The efforts to narrow the development gap will be driven mainly by the IAI (Initiative for ASEAN Integration) Work Plan. The IAI Strategic Framework provides the policy direction for the formulation, implementation, monitoring and reporting for the period of 2009-2015.
An ASEAN community which is conscious of its ties of history, aware of its cultural heritage and bond by a common regional identity will be realized. It is also a community which is based on free track, common democratic ideals and shared social goods including a democratic identity.
We talked about community which means that there must be some degree of commonality with in the region but the problem is that we know ASEAN is made up of countries of varying nature, cultures and values. It should not be a problem as long as everyone is committed to the same universal principles including human rights and democracy.
In the Philippines, the challenges that we foresee is about poverty which is the most common feature also in most ASEAN countries. Reducing it is not a matter of redistributing wealth to the poor countries which is associated to ASEAN communities. It is not only the empowerment of the countries through the enhancement of capacities of communities and institutions, but most importantly, the empowerment of the citizens or individuals. ASEAN’s poor communities about enhancement of capacities are the most important turning point in the empowerment of the citizens because they lack the abilities to build their coalitions, their basic organizing skills; them sending issues to local media, their horizontal information sharing and their other skills that they give to the presentation of their concerns, needs and their abilities.
As a threat to national security, poverty has become the roots of many security issues, be it national or regional, in perspective, causing the continuous rise of armed rebellion, secessionism, and terrorism, where marginalized sectors are not developed and given equal opportunities. Thus, poverty is a common feature not only in the Philippines but in most Asean countries. Reducing poverty is not a matter of redistributing wealth but also empowerment through the enhancement of capacities, institutions, and individuals. Capacity building in communities is also crucial step in the empowerment of citizens. Hence, ASEAN’s poor communities lack the abilities to build coalitions, basic organizing skills, sending issues to local media, horizontal information sharing, and other skills necessary to give presentation to their concerns, needs, and abilities.
What could be the strategies is the demonstration of effective citizen participation is the Participatory Poverty Assessment (PPA) used and implemented in Vietnam in its poverty reduction policy. Other countries in the region use the Poverty Reduction Strategy Paper (PRSP) approach developed jointly by World Bank and the IMF – participation of citizens in political decisions allowing them to take part in deigning their lives and in creating the definition of what democracy means in their own local context. Lastly, democratic process requires Education of individuals and of communities to understand the extent of its associated entitlements and responsibilities. The belief that its educational approach binds the community and the individual to the wider network of national and regional communities.
The Philippines and other poor countries in the region should have the responsibility of addressing the issue of political security community and how it relates to citizenship and concept of borders. The Philippines can begin the dialogue by engaging the diverse communities within the country, by establishing their rights and responsibilities, giving voice to their concerns, activating their potential, and affirming the opportunity to be engaged citizens of a dynamic Philippines.
How do we Approach the Study of International Relations?
By Chester B. Cabalza
Blogger's Notes:
Commentary of an Academic
(Copyright @ 2010 by Chester B Cabalza. All Rights Reserved).
International Relations (IR) examines the effects of political interaction among states which constantly pursue power, while it simultaneously seeks peace and stability for the world.
International Relations should be looked at unto our advantage as an approach. Because of the relevance of IR in our globalizing world, we can now be able to analyze that contemporary world order and its challenges, concerns, and risks; the factors which influence the formulation and implementation of foreign policy, bilaterally, regionally, and globally; the contribution of international law and intergovernmental organizations such as the UN, EU, ASEAN, OAS, NATO, etc. in managing the orderly behavior of states and in providing security to their people; and the Philippine involvement and participation in the diplomatic environment of the region and globally, both as beneficiary and agent of stability and peace.
In applying IR to global and regional issues, I believe that there are two major schools of thought in international relations. These are Classical/Traditional Realism and Liberalism/Idealism, as well as their variants, Neo-Realism and Neo-Liberalism, and how these theories address the anarchic condition of state relations. Also included in the discussion is an analysis of the concept of power versus cooperation among states.
The world is leading towards greater realism.
Using the most dominant power (the United States) positions in recent global events as templates, particularly those in the Middle East, I believe that the world is fast leading towards greater realism. The US (with minor participations from allies IGOs) invasions of Iraq and Afghanistan are manifestations of a state imposing and pursuing it its own interest to gain power and control of resources, at the expense of other states. The war in Iraq is essentially a war for oil. The war in Afghanistan is the same, although in the guise of pre-empting terrorism. These are calculated moves to ‘maintain or increase the power of the state’ or to ensure the very survival of the state by maximizing the use of military power. The minor military participations of other countries in the US presence in Middle East prove that IGOs are merely ‘alliances for convenience’ used to give semblance of concerted and mutual participation of member states. The truth maybe that the US (and some of its allies) are merely advancing their own interest. And just how these wars are being funded points to “national interest”. To maintain control of the sources of oils best serve the national interest.
In our country, applying realism as a theory of IR has repercussions on how we deal security issues. For instance, the situations posed by the Chinese presence in the Spratly islands. Contested by many states, the islands were said to be oil-rich also, and the very reason why Chinese presence in the Islands could not be controlled is because securing the island for future use best served its national interest. Also, if we are believe reports that the scuttled MOA-AD in Mindanao is actually a discreet effort of the US to control access to China, that is an example of classic realism.
The current scenario of the global environment, as I personally assess, have entered a period of profound challenges to humankind’s capacity to solve international and transnational problems. Thus, the existence of regional and international organizations – such as the UN, EU, African Union, ASEAN, NATO – is a tangible example which gears towards a liberalist approach. These organizations manifested that the concern for others can make progress a possibility. Obviously, cooperation is paramount to have a working atmosphere in the international arena.
It is in this context that liberalism is now clouding the world, with policies made to create an ambiance of working relationship among the different nations. Personally though, my point of view is that, the global scenario is on its right direction to control each country on their international relationship. Such control includes the number of military hardware, such as missiles, to have a balance of power. Military upgrades should be solely used for external aggression agitated by another country for protection. However, it is paramount to argue that international relations policies should respect the sovereignty of each state, not intruding the domestic problems of any country in order to have a hand in the familial government’s direction to create its mandated task of leading the country’s internal relations.
It is best to make the assumption that “no man is an island” needing our neighbors for economic reasons. Not only for economic side, liberalism should also be used to preempt the terrorist attack initiated by international motives. This is a transnational offense which involves innocent ones and could lead to untoward relationship of any country.
Most importantly, the globe has been beset by the climate change that showed the great possibility of destroying the earth. The Kyoto Protocol was a significant development, though, big countries, especially the United States, had been hard headed to join the international clamor to reduce its gas emission that will destroy our atmosphere.
Blogger's Notes:
Commentary of an Academic
(Copyright @ 2010 by Chester B Cabalza. All Rights Reserved).
International Relations (IR) examines the effects of political interaction among states which constantly pursue power, while it simultaneously seeks peace and stability for the world.
International Relations should be looked at unto our advantage as an approach. Because of the relevance of IR in our globalizing world, we can now be able to analyze that contemporary world order and its challenges, concerns, and risks; the factors which influence the formulation and implementation of foreign policy, bilaterally, regionally, and globally; the contribution of international law and intergovernmental organizations such as the UN, EU, ASEAN, OAS, NATO, etc. in managing the orderly behavior of states and in providing security to their people; and the Philippine involvement and participation in the diplomatic environment of the region and globally, both as beneficiary and agent of stability and peace.
In applying IR to global and regional issues, I believe that there are two major schools of thought in international relations. These are Classical/Traditional Realism and Liberalism/Idealism, as well as their variants, Neo-Realism and Neo-Liberalism, and how these theories address the anarchic condition of state relations. Also included in the discussion is an analysis of the concept of power versus cooperation among states.
The world is leading towards greater realism.
Using the most dominant power (the United States) positions in recent global events as templates, particularly those in the Middle East, I believe that the world is fast leading towards greater realism. The US (with minor participations from allies IGOs) invasions of Iraq and Afghanistan are manifestations of a state imposing and pursuing it its own interest to gain power and control of resources, at the expense of other states. The war in Iraq is essentially a war for oil. The war in Afghanistan is the same, although in the guise of pre-empting terrorism. These are calculated moves to ‘maintain or increase the power of the state’ or to ensure the very survival of the state by maximizing the use of military power. The minor military participations of other countries in the US presence in Middle East prove that IGOs are merely ‘alliances for convenience’ used to give semblance of concerted and mutual participation of member states. The truth maybe that the US (and some of its allies) are merely advancing their own interest. And just how these wars are being funded points to “national interest”. To maintain control of the sources of oils best serve the national interest.
In our country, applying realism as a theory of IR has repercussions on how we deal security issues. For instance, the situations posed by the Chinese presence in the Spratly islands. Contested by many states, the islands were said to be oil-rich also, and the very reason why Chinese presence in the Islands could not be controlled is because securing the island for future use best served its national interest. Also, if we are believe reports that the scuttled MOA-AD in Mindanao is actually a discreet effort of the US to control access to China, that is an example of classic realism.
The current scenario of the global environment, as I personally assess, have entered a period of profound challenges to humankind’s capacity to solve international and transnational problems. Thus, the existence of regional and international organizations – such as the UN, EU, African Union, ASEAN, NATO – is a tangible example which gears towards a liberalist approach. These organizations manifested that the concern for others can make progress a possibility. Obviously, cooperation is paramount to have a working atmosphere in the international arena.
It is in this context that liberalism is now clouding the world, with policies made to create an ambiance of working relationship among the different nations. Personally though, my point of view is that, the global scenario is on its right direction to control each country on their international relationship. Such control includes the number of military hardware, such as missiles, to have a balance of power. Military upgrades should be solely used for external aggression agitated by another country for protection. However, it is paramount to argue that international relations policies should respect the sovereignty of each state, not intruding the domestic problems of any country in order to have a hand in the familial government’s direction to create its mandated task of leading the country’s internal relations.
It is best to make the assumption that “no man is an island” needing our neighbors for economic reasons. Not only for economic side, liberalism should also be used to preempt the terrorist attack initiated by international motives. This is a transnational offense which involves innocent ones and could lead to untoward relationship of any country.
Most importantly, the globe has been beset by the climate change that showed the great possibility of destroying the earth. The Kyoto Protocol was a significant development, though, big countries, especially the United States, had been hard headed to join the international clamor to reduce its gas emission that will destroy our atmosphere.
Disaster Management: Role of the Area Command in Military Operations other than War
Copyright © 2010 by Chester B. Cabalza (All Rights Reserved)
Executive Summary
The Military Operations Other Than War (MOOTW) focus on deterring war, resolving conflict, promoting peace, and supporting civil authorities in response to domestic crises. MOOTW not involving the use or threat of force also include humanitarian assistance and disaster relief.
Today, there are current initiatives and area command on disaster preparedness and response by the Armed Forces of the Philippines (AFP). The mission is to assist the NDCC in the conduct of search, rescue, relief, and rehabilitation operations. The functions include the following: to establish communication linkages; organize disaster reaction units; to provide land, sea and air transport; assist the PNP in providing security; render immediate medical assistance; and assist in the reconstruction of damage infrastructures.
The concept of operations has three phases. Phase 1 is Pre-disaster phase that involves activities in preparation for calamities and disasters. This includes planning activities, organizing and training, public information drive, communication and warning activities. Phase 2 is Emergency Phase that is about actual mobilization and conduct of emergency services. This includes rescue and engineering services, evacuation operations, first aid and medical services, disaster relief services, law and order and security services, emergency transport services, and damage assessment. Phase 3 is Post-Emergency phase that supports relief operations and rehabilitation efforts. This determines the nature and extent of rehabilitation efforts, conduct of assessment of available resources, and participate in the restoration, repair and construction of public facilities.
Context and Significance of the Problem/Issue/Opportunity
The policy context of the project is based from the Hyogo Framework of Action (HFA), NDCC Disaster Risk Management (DRM) Framework, and NLUC Agenda Action. The HFA is aimed at the following: 1) ensure DRM is a local and national priority with strong implementation plans; 2) identify, assess and monitor risks to enhance early warnings; 3) use knowledge, innovation and education to build a culture of safety and resilience; 4) reduce the underlying risk factors; 5) strengthen disaster preparedness for effective response at all levels. She also pointed out the NDCC Disaster Risk Management Framework of Mitigation, Preparedness (pre-event), Response and Rehabilitation (post-event). Lastly, the NLUC Agenda Action which makes available hazard maps and other technical information and to enhance LGU capacity to institute preventive measures and prepare DRM-enhanced plans.
AFP (national, regional, and local) current initiatives are the following:
1. Sections in the Medium-Term Philippine Development Plan (MTPDP) and RDPs
2. Policy Options in the National Framework for Physical Planning (RPFP) and RPFPs
3. Disaster Risk Management Plan for Region I and Metro Manila
4. Flood Mitigation Plan/ River Basin Plans (e.g. Cagayan, Bicol, Mindanao River, Agusan)
5. GIS Cookbook of HLURB
6. Piloting in land use plans of certain municipalities
Execution Committee
The current initiatives of the AFP on disaster responses, are executed in the following: 1) soldiers in remote detachment are being trained in disaster response operations; 2) promotion, participation, and advocacy on public disaster education and consciousness; 3) field units stand ready to provide “emergency feeding, housing and clothing” to disaster victims and survivors; 3) forming international emergency management partnerships to share lessons learned and best practices; 4) collaborating with advanced countries on chemical, biological, radiological, nuclear (CBRN) consequence management issues; and attending international emergency management forums, training and education.
The AFP are with agencies such as ISDR, UNDAC and are involved in forums such as with the Asian Disaster Management Center.
The Office of Civil Defense (OCD) through the National Disaster Coordinating Council (NDCC) provides for NDCC Coordination, that are linked to the other Disaster Coordinating Councils (DCC) and to the AFP Command Center.
In Mindanao, for example, at present they have to act through a coordinated response with the AFP Command Center. In the situation, they have to communicate to the people on the ground for assistance, response and resources. The Regional DCCs (RDCCs) are linked to the Provincial DCCs (PDCCs), depending on their location. The bodies come to the national government for support. Thusly, execution of their plans must be aligned to the local plan.
The inadequate that the Disaster Coordinating Councils (DCCs) are adhoc bodies, which do not even have their own offices such that they are just organized when there is the disaster. It was strongly advised that this should not be the case.
The Regional Disaster Coordinating Councils (RDCCs) sometimes undertake coordination meetings even when there are no disasters. Through this, they enhance their participation with the responders. He expressed his hope to enhance further relations with the AFP and the Local Government Units (LGUs) to enable them to know their roles more.
Critique Policy
“If the military and civilian mix in one institution in provisional level, civilian can discipline and the military can be accepted in the institution to lead the civilian”
There are two issues for the DND on the Disaster Risk Management and Response. First is the issue of current socio-economic realities, and second is the insurgency and terrorism. Hence, the challenge is to develop defense and military capabilities in the medium and long-term while carefully considering the prevailing strategic environment. He then sees the solution as defense policies that are based on the efficient and effective use of resources in the development of defense and military capability. For DND, the answer has been the implementation of the Multi-Year Capability Planning System (MYCaPS) with the Defense Resource Management System (DRMS) as one of its main components.
The Multi-Year Capability Planning System (MYCaPS) has the following pillars:
1. MYCaPS is a capability-based force planning construct to achieve defense policy goals;
2. MYCaPS is a shift from threat-based force development, driven by requirements built on specific threats, to force planning, built on a set of desired capabilities for any given defense mission area;
3. MYCaPS force planning will determine the future operational concepts and the size, shape and force mix of the Armed Forces in order to provide capabilities across the full range of defense missions.
The paradigm shift in defense policy for capability development are planning and budgeting. The three-fold purpose of MYCaPS include the following: 1) ensure that future costs of today’s decision is understood (making hard decisions today for future benefits); 2) strengthen effective control of Civil Authorities over DND-AFP Establishment; 3) establish and institutionalize systems for long-term and medium-term strategic planning, capability planning, defense acquisition and financial management.
Through conceptual framework, MYCaPS and DSOM consider the following: 1) Defense Strategic Planning System (DSPS); 2) Defense Capability Assessment and Planning System (DCAPS); 3) Defense Acquisition System (DAS); 4) Defense Resource Management System (DRMS).
The MYCaPS Phase II using key concepts and features of DSOM. The purpose is to present an overview of the defense system of management. The briefing has two objectives where is to highlight key features of DSOM and now they are linked with each other. The following Defense Mission Area Framework are the following: 1) Internal Security; 2) Territorial Defense; 3) Disaster Risk Management and Response; 4) Support to National Development; 5) International Defense and Security Engagement; 6) Humanitarian Assistance and Peace keeping Operations; 7) Force-Level Command and Control, Training and Support.
He said that DSOM has the objective future end-state of DND-AFP system of management systems. Collaboratively developed by senior civilian and military leaders assisted by a team from the Institute for Defense Analyses (IDA). This is promulgated in Department Order 32, Department Circular 01, and SNS Memorandum dated 7 March 2008.
Defense System of Management is comprised of four mutually supporting management systems. It builds upon and extends the capability-based planning processes and institutional reforms implemented under MYCaPS. Proper Processes, Products and Linkages are used in Defense Strategic Planning System, Defense Capability Assessment and Planning System, Defense Resource Management System, and Defense Acquisition System.
The Overview of Systems are as follows:
1. Effectively links key functions and areas
2. Establishes coherent master schedule of major events that supports DND and AFP medium- and long-term planning requirements.
3. Provides basis for gaining timely, informed, integrated insights on resource related defense issues across the spectrum of defense activities.
4. Requires concise senior leader decision products
5. Resource planning direction linked to actual spending and performance
The Defense Strategic Planning should address current and emerging national security and defense concerns, should shape national security and defense policy, should develop plans that accomplish national objectives. Hence, Defense Strategic Planning System should provide basis for developing, 1) both medium- and long-term Strategic Environment Assessments and Strategic Planning Assessments; and 2) Strategic Plans that address high priority national objectives and employ a whole of government approach.
The DSOM Capability Assessment and Planning provides a coherent basis for implementing the missions assigned in strategic plans; assessing the readiness and capability to perform assigned mission and tasks; and developing and assessing options that address identified challenges.
The DSOM Programming Phase provides a systematic basis for developing fiscally constrained multi-year program proposals that comply with DPG’s capability based objectives and priorities and fiscal limits.
The DSOM Budgets Implement Programs uses programming that determines the best mix of capabilities within financial limits; budgeting converts the first year of the approved program into budget requests for inputs and annul spending plans; annual spending plans show how money will be spent to achieve program objectives; budget requests and spending plans are driven by the first year of the approved defense program.
The use of Force-Oriented Cost Information System (FOCIS) is now being used by Resource Management Offices (RMOs) to develop and submit proposed programs replacing the former Defense Resource Management Model (DRMM).
Lastly, the DSOM Performance Review highlights status of capabilities and areas of senior leader interest; identifies corrective actions needed; and products like program implementation reports and financial management reports; and review occurs at several levels like functional managers, resource mangers, department and senior advisors. Integrated Performance Review include: Program and Budget Implementation must both be monitored; Program Results and spending reports should be cross-referenced for performance reviews.
Executive Summary
The Military Operations Other Than War (MOOTW) focus on deterring war, resolving conflict, promoting peace, and supporting civil authorities in response to domestic crises. MOOTW not involving the use or threat of force also include humanitarian assistance and disaster relief.
Today, there are current initiatives and area command on disaster preparedness and response by the Armed Forces of the Philippines (AFP). The mission is to assist the NDCC in the conduct of search, rescue, relief, and rehabilitation operations. The functions include the following: to establish communication linkages; organize disaster reaction units; to provide land, sea and air transport; assist the PNP in providing security; render immediate medical assistance; and assist in the reconstruction of damage infrastructures.
The concept of operations has three phases. Phase 1 is Pre-disaster phase that involves activities in preparation for calamities and disasters. This includes planning activities, organizing and training, public information drive, communication and warning activities. Phase 2 is Emergency Phase that is about actual mobilization and conduct of emergency services. This includes rescue and engineering services, evacuation operations, first aid and medical services, disaster relief services, law and order and security services, emergency transport services, and damage assessment. Phase 3 is Post-Emergency phase that supports relief operations and rehabilitation efforts. This determines the nature and extent of rehabilitation efforts, conduct of assessment of available resources, and participate in the restoration, repair and construction of public facilities.
Context and Significance of the Problem/Issue/Opportunity
The policy context of the project is based from the Hyogo Framework of Action (HFA), NDCC Disaster Risk Management (DRM) Framework, and NLUC Agenda Action. The HFA is aimed at the following: 1) ensure DRM is a local and national priority with strong implementation plans; 2) identify, assess and monitor risks to enhance early warnings; 3) use knowledge, innovation and education to build a culture of safety and resilience; 4) reduce the underlying risk factors; 5) strengthen disaster preparedness for effective response at all levels. She also pointed out the NDCC Disaster Risk Management Framework of Mitigation, Preparedness (pre-event), Response and Rehabilitation (post-event). Lastly, the NLUC Agenda Action which makes available hazard maps and other technical information and to enhance LGU capacity to institute preventive measures and prepare DRM-enhanced plans.
AFP (national, regional, and local) current initiatives are the following:
1. Sections in the Medium-Term Philippine Development Plan (MTPDP) and RDPs
2. Policy Options in the National Framework for Physical Planning (RPFP) and RPFPs
3. Disaster Risk Management Plan for Region I and Metro Manila
4. Flood Mitigation Plan/ River Basin Plans (e.g. Cagayan, Bicol, Mindanao River, Agusan)
5. GIS Cookbook of HLURB
6. Piloting in land use plans of certain municipalities
Execution Committee
The current initiatives of the AFP on disaster responses, are executed in the following: 1) soldiers in remote detachment are being trained in disaster response operations; 2) promotion, participation, and advocacy on public disaster education and consciousness; 3) field units stand ready to provide “emergency feeding, housing and clothing” to disaster victims and survivors; 3) forming international emergency management partnerships to share lessons learned and best practices; 4) collaborating with advanced countries on chemical, biological, radiological, nuclear (CBRN) consequence management issues; and attending international emergency management forums, training and education.
The AFP are with agencies such as ISDR, UNDAC and are involved in forums such as with the Asian Disaster Management Center.
The Office of Civil Defense (OCD) through the National Disaster Coordinating Council (NDCC) provides for NDCC Coordination, that are linked to the other Disaster Coordinating Councils (DCC) and to the AFP Command Center.
In Mindanao, for example, at present they have to act through a coordinated response with the AFP Command Center. In the situation, they have to communicate to the people on the ground for assistance, response and resources. The Regional DCCs (RDCCs) are linked to the Provincial DCCs (PDCCs), depending on their location. The bodies come to the national government for support. Thusly, execution of their plans must be aligned to the local plan.
The inadequate that the Disaster Coordinating Councils (DCCs) are adhoc bodies, which do not even have their own offices such that they are just organized when there is the disaster. It was strongly advised that this should not be the case.
The Regional Disaster Coordinating Councils (RDCCs) sometimes undertake coordination meetings even when there are no disasters. Through this, they enhance their participation with the responders. He expressed his hope to enhance further relations with the AFP and the Local Government Units (LGUs) to enable them to know their roles more.
Critique Policy
“If the military and civilian mix in one institution in provisional level, civilian can discipline and the military can be accepted in the institution to lead the civilian”
There are two issues for the DND on the Disaster Risk Management and Response. First is the issue of current socio-economic realities, and second is the insurgency and terrorism. Hence, the challenge is to develop defense and military capabilities in the medium and long-term while carefully considering the prevailing strategic environment. He then sees the solution as defense policies that are based on the efficient and effective use of resources in the development of defense and military capability. For DND, the answer has been the implementation of the Multi-Year Capability Planning System (MYCaPS) with the Defense Resource Management System (DRMS) as one of its main components.
The Multi-Year Capability Planning System (MYCaPS) has the following pillars:
1. MYCaPS is a capability-based force planning construct to achieve defense policy goals;
2. MYCaPS is a shift from threat-based force development, driven by requirements built on specific threats, to force planning, built on a set of desired capabilities for any given defense mission area;
3. MYCaPS force planning will determine the future operational concepts and the size, shape and force mix of the Armed Forces in order to provide capabilities across the full range of defense missions.
The paradigm shift in defense policy for capability development are planning and budgeting. The three-fold purpose of MYCaPS include the following: 1) ensure that future costs of today’s decision is understood (making hard decisions today for future benefits); 2) strengthen effective control of Civil Authorities over DND-AFP Establishment; 3) establish and institutionalize systems for long-term and medium-term strategic planning, capability planning, defense acquisition and financial management.
Through conceptual framework, MYCaPS and DSOM consider the following: 1) Defense Strategic Planning System (DSPS); 2) Defense Capability Assessment and Planning System (DCAPS); 3) Defense Acquisition System (DAS); 4) Defense Resource Management System (DRMS).
The MYCaPS Phase II using key concepts and features of DSOM. The purpose is to present an overview of the defense system of management. The briefing has two objectives where is to highlight key features of DSOM and now they are linked with each other. The following Defense Mission Area Framework are the following: 1) Internal Security; 2) Territorial Defense; 3) Disaster Risk Management and Response; 4) Support to National Development; 5) International Defense and Security Engagement; 6) Humanitarian Assistance and Peace keeping Operations; 7) Force-Level Command and Control, Training and Support.
He said that DSOM has the objective future end-state of DND-AFP system of management systems. Collaboratively developed by senior civilian and military leaders assisted by a team from the Institute for Defense Analyses (IDA). This is promulgated in Department Order 32, Department Circular 01, and SNS Memorandum dated 7 March 2008.
Defense System of Management is comprised of four mutually supporting management systems. It builds upon and extends the capability-based planning processes and institutional reforms implemented under MYCaPS. Proper Processes, Products and Linkages are used in Defense Strategic Planning System, Defense Capability Assessment and Planning System, Defense Resource Management System, and Defense Acquisition System.
The Overview of Systems are as follows:
1. Effectively links key functions and areas
2. Establishes coherent master schedule of major events that supports DND and AFP medium- and long-term planning requirements.
3. Provides basis for gaining timely, informed, integrated insights on resource related defense issues across the spectrum of defense activities.
4. Requires concise senior leader decision products
5. Resource planning direction linked to actual spending and performance
The Defense Strategic Planning should address current and emerging national security and defense concerns, should shape national security and defense policy, should develop plans that accomplish national objectives. Hence, Defense Strategic Planning System should provide basis for developing, 1) both medium- and long-term Strategic Environment Assessments and Strategic Planning Assessments; and 2) Strategic Plans that address high priority national objectives and employ a whole of government approach.
The DSOM Capability Assessment and Planning provides a coherent basis for implementing the missions assigned in strategic plans; assessing the readiness and capability to perform assigned mission and tasks; and developing and assessing options that address identified challenges.
The DSOM Programming Phase provides a systematic basis for developing fiscally constrained multi-year program proposals that comply with DPG’s capability based objectives and priorities and fiscal limits.
The DSOM Budgets Implement Programs uses programming that determines the best mix of capabilities within financial limits; budgeting converts the first year of the approved program into budget requests for inputs and annul spending plans; annual spending plans show how money will be spent to achieve program objectives; budget requests and spending plans are driven by the first year of the approved defense program.
The use of Force-Oriented Cost Information System (FOCIS) is now being used by Resource Management Offices (RMOs) to develop and submit proposed programs replacing the former Defense Resource Management Model (DRMM).
Lastly, the DSOM Performance Review highlights status of capabilities and areas of senior leader interest; identifies corrective actions needed; and products like program implementation reports and financial management reports; and review occurs at several levels like functional managers, resource mangers, department and senior advisors. Integrated Performance Review include: Program and Budget Implementation must both be monitored; Program Results and spending reports should be cross-referenced for performance reviews.
Monday, July 26, 2010
Ditan v POEA Administrator
Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!
JURISDICTION OF NLRC
ANDRES E. DITAN, petitioner, vs. PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION ADMINISTRATOR, NATIONAL LABOR RELATIONS COMMISSION, ASIAWORLD RECRUITMENT, INC., AND/OR INTRACO SALES CORPORATION, respondents.
G.R. No. 79560
December 3, 1990
Facts:
Andres E. Ditan was recruited by private respondent Intraco Sales Corporation, through its local agent, Asia World, the other private respondent, to work in Angola as a welding supervisor. The contract was for nine months, at a monthly salary of US$1,100.00 or US$275.00 weekly, and contained the required standard stipulations for the protection of our overseas workers.
Arriving on November 30, 1984, in Luanda, capital of Angola, the petitioner was assigned as an ordinary welder in the INTRACO central maintenance shop from December 2 to 25, 1984. On December 26, 1984, he was informed, to his distress that would be transferred to Kafunfo, some 350 kilometers east of Luanda. This was the place where, earlier that year, the rebels had attacked and kidnapped expatriate workers, killing two Filipinos in the raid. Naturally, Ditan was reluctant to go. However, he was assured by the INTRACO manager that Kafunfo was safe and adequately protected by government troops; moreover — and this was more persuasive — he was told he would be sent home if he refused the new assignment. In the end, with much misgiving, he relented and agreed.
On December 29, 1984, his fears were confirmed. The Unita rebels attacked the diamond mining site where Ditan was working and took him and sixteen other Filipino hostages, along with other foreign workers. The rebels and their captives walked through jungle terrain for 31 days to the Unita stronghold near the Namibian border.
They trekked for almost a thousand kilometers. They subsisted on meager fare. Some of them had diarrhea. Their feet were blistered. It was only on March 16, 1985, that the hostages were finally released after the intercession of their governments and the International Red Cross. Six days later, Ditan and the other Filipino hostages were back in the Philippines.
The repatriated workers had been assured by INTRACO that they would be given priority in re-employment abroad, and eventually eleven of them were taken back. Ditan having been excluded, he filed in June 1985 a complaint against the private respondents for breach of contract and various other claims. Specifically, he sought the amount of US$4,675.00, representing his salaries for the unexpired 17 weeks of his contract; US$25,000.00 as war risk bonus; US$2,196.50 as the value of his lost belongings; US$1,100 for unpaid vacation leave; and moral and exemplary damages in the sum of US$50,000.00, plus attorney's fees.
All these claims were dismissed by POEA Administrator Tomas D. Achacoso in a decision dated January 27, 1987. 2 This was affirmed in toto by respondent NLRC in a resolution dated July 14, 1987, 3 which is now being challenged in this petition.
Issue:
Whether or not Ditan is entitled to any relief and his case is under the jurisdiction of NLRC?
Held:
Yes. The fact that stands out most prominently in the record is the risk to which the petitioner was subjected when he was assigned, after his reluctant consent, to the rebel-infested region of Kafunfo. This was a dangerous area.
The petitioner had gone to that foreign land in search of a better life that he could share with his loved ones after his stint abroad. That choice would have required him to come home empty-handed to the disappointment of an expectant family.
It is not explained why the petitioner was not paid for the unexpired portion of his contract which had 17 more weeks to go. The hostages were immediately repatriated after their release, presumably so they could recover from their ordeal. The promise of INTRACO was that they would be given priority in re-employment should their services be needed. In the particular case of the petitioner, the promise was not fulfilled. It would seem that his work was terminated, and not again required, because it was really intended all along to assign him only to Kafunfo.
The private respondents stress that the contract Ditan entered into called for his employment in Angola, without indication of any particular place of assignment in the country. This meant he agreed to be assigned to work anywhere in that country, including Kafunfo. When INTRACO assigned Ditan to that place in the regular course of its business, it was merely exercising its rights under the employment contract that Ditan had freely entered into. Hence, it is argued, he cannot now complain that there was a breach of that contract for which he is entitled to monetary redress.
The private respondents also reject the claim for war risk bonus and point out that POEA Memorandum Circular No. 4, issued pursuant to the mandatory war risk coverage provision in Section 2, Rule VI, of the POEA Rules and Regulations on Overseas Employment, categorizing Angola as a war risk took effect only on February 6, 1985"after the petitioner's deployment to Angola on November 27, 1984." Consequently, the stipulation could not be applied to the petitioner as it was not supposed to have a retroactive effect.
The paramount duty of this Court is to render justice through law. The law in this case allows two opposite interpretations, one strictly in favor of the employers and the other liberally in favor of the worker. The choice is obvious. We find, considering the totality of the circumstances attending this case, that the petitioner is entitled to relief. The petitioner went to Angola prepared to work as he had promised in accordance with the employment contract he had entered into in good faith with the private respondents. Over his objection, he was sent to a dangerous assignment and as he feared was taken hostage in a rebel attack that prevented him from fulfilling his contract while in captivity. Upon his release, he was immediately sent home and was not paid the salary corresponding to the unexpired portion of his contract. He was immediately repatriated with the promise that he would be given priority in re-employment, which never came. To rub salt on the wound, many of his co-hostages were re-employed as promised. The petitioner was left only with a bleak experience and nothing to show for it except dashed hopes and a sense of rejection.
Under the policy of social justice, the law bends over backward to accommodate the interests of the working class on the humane justification that those with less privileges in life should have more privileges in law.
WHEREFORE, the challenged resolution of the NLRC is hereby MODIFIED. The private respondents are hereby DIRECTED jointly and severally to pay the petitioner: a) the current equivalent in Philippine pesos of US$4,675.00, representing his unpaid salaries for the balance of the contract term; b) nominal damages in the amount of P20,000.00; and c) 10% attorney's fees. No costs.
SO ORDERED.
Acknowledgement: Jaja Oftana
JURISDICTION OF NLRC
ANDRES E. DITAN, petitioner, vs. PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION ADMINISTRATOR, NATIONAL LABOR RELATIONS COMMISSION, ASIAWORLD RECRUITMENT, INC., AND/OR INTRACO SALES CORPORATION, respondents.
G.R. No. 79560
December 3, 1990
Facts:
Andres E. Ditan was recruited by private respondent Intraco Sales Corporation, through its local agent, Asia World, the other private respondent, to work in Angola as a welding supervisor. The contract was for nine months, at a monthly salary of US$1,100.00 or US$275.00 weekly, and contained the required standard stipulations for the protection of our overseas workers.
Arriving on November 30, 1984, in Luanda, capital of Angola, the petitioner was assigned as an ordinary welder in the INTRACO central maintenance shop from December 2 to 25, 1984. On December 26, 1984, he was informed, to his distress that would be transferred to Kafunfo, some 350 kilometers east of Luanda. This was the place where, earlier that year, the rebels had attacked and kidnapped expatriate workers, killing two Filipinos in the raid. Naturally, Ditan was reluctant to go. However, he was assured by the INTRACO manager that Kafunfo was safe and adequately protected by government troops; moreover — and this was more persuasive — he was told he would be sent home if he refused the new assignment. In the end, with much misgiving, he relented and agreed.
On December 29, 1984, his fears were confirmed. The Unita rebels attacked the diamond mining site where Ditan was working and took him and sixteen other Filipino hostages, along with other foreign workers. The rebels and their captives walked through jungle terrain for 31 days to the Unita stronghold near the Namibian border.
They trekked for almost a thousand kilometers. They subsisted on meager fare. Some of them had diarrhea. Their feet were blistered. It was only on March 16, 1985, that the hostages were finally released after the intercession of their governments and the International Red Cross. Six days later, Ditan and the other Filipino hostages were back in the Philippines.
The repatriated workers had been assured by INTRACO that they would be given priority in re-employment abroad, and eventually eleven of them were taken back. Ditan having been excluded, he filed in June 1985 a complaint against the private respondents for breach of contract and various other claims. Specifically, he sought the amount of US$4,675.00, representing his salaries for the unexpired 17 weeks of his contract; US$25,000.00 as war risk bonus; US$2,196.50 as the value of his lost belongings; US$1,100 for unpaid vacation leave; and moral and exemplary damages in the sum of US$50,000.00, plus attorney's fees.
All these claims were dismissed by POEA Administrator Tomas D. Achacoso in a decision dated January 27, 1987. 2 This was affirmed in toto by respondent NLRC in a resolution dated July 14, 1987, 3 which is now being challenged in this petition.
Issue:
Whether or not Ditan is entitled to any relief and his case is under the jurisdiction of NLRC?
Held:
Yes. The fact that stands out most prominently in the record is the risk to which the petitioner was subjected when he was assigned, after his reluctant consent, to the rebel-infested region of Kafunfo. This was a dangerous area.
The petitioner had gone to that foreign land in search of a better life that he could share with his loved ones after his stint abroad. That choice would have required him to come home empty-handed to the disappointment of an expectant family.
It is not explained why the petitioner was not paid for the unexpired portion of his contract which had 17 more weeks to go. The hostages were immediately repatriated after their release, presumably so they could recover from their ordeal. The promise of INTRACO was that they would be given priority in re-employment should their services be needed. In the particular case of the petitioner, the promise was not fulfilled. It would seem that his work was terminated, and not again required, because it was really intended all along to assign him only to Kafunfo.
The private respondents stress that the contract Ditan entered into called for his employment in Angola, without indication of any particular place of assignment in the country. This meant he agreed to be assigned to work anywhere in that country, including Kafunfo. When INTRACO assigned Ditan to that place in the regular course of its business, it was merely exercising its rights under the employment contract that Ditan had freely entered into. Hence, it is argued, he cannot now complain that there was a breach of that contract for which he is entitled to monetary redress.
The private respondents also reject the claim for war risk bonus and point out that POEA Memorandum Circular No. 4, issued pursuant to the mandatory war risk coverage provision in Section 2, Rule VI, of the POEA Rules and Regulations on Overseas Employment, categorizing Angola as a war risk took effect only on February 6, 1985"after the petitioner's deployment to Angola on November 27, 1984." Consequently, the stipulation could not be applied to the petitioner as it was not supposed to have a retroactive effect.
The paramount duty of this Court is to render justice through law. The law in this case allows two opposite interpretations, one strictly in favor of the employers and the other liberally in favor of the worker. The choice is obvious. We find, considering the totality of the circumstances attending this case, that the petitioner is entitled to relief. The petitioner went to Angola prepared to work as he had promised in accordance with the employment contract he had entered into in good faith with the private respondents. Over his objection, he was sent to a dangerous assignment and as he feared was taken hostage in a rebel attack that prevented him from fulfilling his contract while in captivity. Upon his release, he was immediately sent home and was not paid the salary corresponding to the unexpired portion of his contract. He was immediately repatriated with the promise that he would be given priority in re-employment, which never came. To rub salt on the wound, many of his co-hostages were re-employed as promised. The petitioner was left only with a bleak experience and nothing to show for it except dashed hopes and a sense of rejection.
Under the policy of social justice, the law bends over backward to accommodate the interests of the working class on the humane justification that those with less privileges in life should have more privileges in law.
WHEREFORE, the challenged resolution of the NLRC is hereby MODIFIED. The private respondents are hereby DIRECTED jointly and severally to pay the petitioner: a) the current equivalent in Philippine pesos of US$4,675.00, representing his unpaid salaries for the balance of the contract term; b) nominal damages in the amount of P20,000.00; and c) 10% attorney's fees. No costs.
SO ORDERED.
Acknowledgement: Jaja Oftana
People v Goce
Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!
RECRUITMENT AND PLACEMENT
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LOMA GOCE y OLALIA, DAN GOCE and NELLY D. AGUSTIN, accused, NELLY D. AGUSTIN, accused-appellant.
G.R. No. 113161
August 29, 1995
Facts:
On January 12, 1988, an information for illegal recruitment committed by a syndicate and in large scale, punishable under Articles 38 and 39 of the Labor Code (Presidential Decree No. 442) as amended by Section 1(b) of Presidential Decree No. 2018, was filed against spouses Dan and Loma Goce and herein accused-appellant Nelly Agustin in the Regional Trial Court of Manila, Branch 5, alleging —
That in or about and during the period comprised between May 1986 and June 25, 1987, both dates inclusive, in the City of Manila, Philippines, the said accused, conspiring and confederating together and helping one another, representing themselves to have the capacity to contract, enlist and transport Filipino workers for employment abroad, did then and there willfully and unlawfully, for a fee, recruit and promise employment/job placement abroad, to (1) Rolando Dalida y Piernas, (2) Ernesto Alvarez y Lubangco, (3) Rogelio Salado y Savillo, (4) Ramona Salado y Alvarez, (5) Dionisio Masaya y de Guzman, (6) Dave Rivera y de Leon, (7) Lorenzo Alvarez y Velayo, and (8) Nelson Trinidad y Santos, without first having secured the required license or authority from the Department of Labor.
Four of the complainants testified for the prosecution. Rogelio Salado was the first to take the witness stand and he declared that sometime in March or April, 1987 he was introduced by Lorenzo Alvarez, his brother-in-law and a co-applicant, to Nelly Agustin in the latter's residence at Factor, Dongalo, Parañaque, Metro Manila. Representing herself as the manager of the Clover Placement Agency, Agustin showed him a job order as proof that he could readily be deployed for overseas employment. Salado learned that he had to pay P5,000.00 as processing fee, which amount he gave sometime in April or May of the same year. He was issued the corresponding receipt.
Also in April or May, 1987, Salado, accompanied by five other applicants who were his relatives, went to the office of the placement agency at Nakpil Street, Ermita, Manila where he saw Agustin and met the spouses Dan and Loma Goce, owners of the agency. He submitted his bio-data and learned from Loma Goce that he had to give P12,000.00, instead of the original amount of P5,000.00 for the placement fee. Although surprised at the new and higher sum, they subsequently agreed as long as there was an assurance that they could leave for abroad.
Thereafter, a receipt was issued in the name of the Clover Placement Agency showing that Salado and his aforesaid co-applicants each paid P2,000.00, instead of the P5,000.00 which each of them actually paid. Several months passed but Salado failed to leave for the promised overseas employment. Hence, in October, 1987, along with the other recruits, he decided to go to the Philippine Overseas Employment Administration (POEA) to verify the real status of Clover Placement Agency. They discovered that said agency was not duly licensed to recruit job applicants. Later, upon learning that Agustin had been arrested, Salado decided to see her and to demand the return of the money he had paid, but Agustin could only give him P500.00.
Ramona Salado, the wife of Rogelio Salado, came to know through her brother, Lorenzo Alvarez, about Nelly Agustin. Accompanied by her husband, Rogelio, Ramona went to see Agustin at the latter's residence. Agustin persuaded her to apply as a cutter/sewer in Oman so that she could join her husband. Encouraged by Agustin's promise that she and her husband could live together while working in Oman, she instructed her husband to give Agustin P2,000.00 for each of them as placement fee, or the total sum of P4,000.00.
Much later, the Salado couple received a telegram from the placement agency requiring them to report to its office because the "NOC" (visa) had allegedly arrived. Again, around February, or March, 1987, Rogelio gave P2,000.00 as payment for his and his wife's passports. Despite follow-up of their papers twice a week from February to June, 1987, he and his wife failed to leave for abroad.
Complainant Dionisio Masaya, accompanied by his brother-in-law, Aquiles Ortega, applied for a job in Oman with the Clover Placement Agency at Parañaque, the agency's former office address. There, Masaya met Nelly Agustin, who introduced herself as the manager of the agency, and the Goce spouses, Dan and Loma, as well as the latter's daughter. He submitted several pertinent documents, such as his bio-data and school credentials.
In May, 1986, Masaya gave Dan Goce P1,900.00 as an initial downpayment for the placement fee, and in September of that same year, he gave an additional P10,000.00. He was issued receipts for said amounts and was advised to go to the placement office once in a while to follow up his application, which he faithfully did. Much to his dismay and chagrin, he failed to leave for abroad as promised. Accordingly, he was forced to demand that his money be refunded but Loma Goce could give him back only P4,000.00 in installments.
As the prosecution's fourth and last witness, Ernesto Alvarez took the witness stand on June 7, 1993. He testified that in February, 1987, he met appellant Agustin through his cousin, Larry Alvarez, at her residence in Parañaque. She informed him that "madalas siyang nagpapalakad sa Oman" and offered him a job as an ambulance driver at the Royal Hospital in Oman with a monthly salary of about $600.00 to $700.00.
On March 10, 1987, Alvarez gave an initial amount of P3,000.00 as processing fee to Agustin at the latter's residence. In the same month, he gave another P3,000.00, this time in the office of the placement agency. Agustin assured him that he could leave for abroad before the end of 1987. He returned several times to the placement agency's office to follow up his application but to no avail. Frustrated, he demanded the return of the money he had paid, but Agustin could only give back P500.00. Thereafter, he looked for Agustin about eight times, but he could no longer find her.
Only herein appellant Agustin testified for the defense. She asserted that Dan and Loma Goce were her neighbors at Tambo, Parañaque and that they were licensed recruiters and owners of the Clover Placement Agency. Previously, the Goce couple was able to send her son, Reynaldo Agustin, to Saudi Arabia. Agustin met the aforementioned complainants through Lorenzo Alvarez who requested her to introduce them to the Goce couple, to which request she acceded.
Denying any participation in the illegal recruitment and maintaining that the recruitment was perpetrated only by the Goce couple, Agustin denied any knowledge of the receipts presented by the prosecution. She insisted that the complainants included her in the complaint thinking that this would compel her to reveal the whereabouts of the Goce spouses.
On November 19, 1993, the trial court rendered judgment finding herein appellant guilty as a principal in the crime of illegal recruitment.
Issue:
Whether or not Agustin’s act of introducing couple Goce falls within the meaning of illegal recruitment and placement under Art 13(b) in relation to Art 34 of the Labor Code.
Held:
The testimonial evidence hereon show that she indeed further committed acts constitutive of illegal recruitment.
All four prosecution witnesses testified that it was Agustin whom they initially approached regarding their plans of working overseas. It was from her that they learned about the fees they had to pay, as well as the papers that they had to submit. It was after they had talked to her that they met the accused spouses who owned the placement agency.
As correctly held by the trial court, being an employee of the Goces, it was therefore logical for appellant to introduce the applicants to said spouses, they being the owners of the agency. As such, appellant was actually making referrals to the agency of which she was a part. She was therefore engaging in recruitment activity.
There is illegal recruitment when one gives the impression of having the ability to send a worker abroad. It is undisputed that appellant gave complainants the distinct impression that she had the power or ability to send people abroad for work such that the latter were convinced to give her the money she demanded in order to be so employed.
WHEREFORE, the appealed judgment of the court a quo is hereby AFFIRMED in toto, with costs against accused-appellant Nelly D. Agustin.
SO ORDERED.
Acknowledgement: Jaja Oftana
RECRUITMENT AND PLACEMENT
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LOMA GOCE y OLALIA, DAN GOCE and NELLY D. AGUSTIN, accused, NELLY D. AGUSTIN, accused-appellant.
G.R. No. 113161
August 29, 1995
Facts:
On January 12, 1988, an information for illegal recruitment committed by a syndicate and in large scale, punishable under Articles 38 and 39 of the Labor Code (Presidential Decree No. 442) as amended by Section 1(b) of Presidential Decree No. 2018, was filed against spouses Dan and Loma Goce and herein accused-appellant Nelly Agustin in the Regional Trial Court of Manila, Branch 5, alleging —
That in or about and during the period comprised between May 1986 and June 25, 1987, both dates inclusive, in the City of Manila, Philippines, the said accused, conspiring and confederating together and helping one another, representing themselves to have the capacity to contract, enlist and transport Filipino workers for employment abroad, did then and there willfully and unlawfully, for a fee, recruit and promise employment/job placement abroad, to (1) Rolando Dalida y Piernas, (2) Ernesto Alvarez y Lubangco, (3) Rogelio Salado y Savillo, (4) Ramona Salado y Alvarez, (5) Dionisio Masaya y de Guzman, (6) Dave Rivera y de Leon, (7) Lorenzo Alvarez y Velayo, and (8) Nelson Trinidad y Santos, without first having secured the required license or authority from the Department of Labor.
Four of the complainants testified for the prosecution. Rogelio Salado was the first to take the witness stand and he declared that sometime in March or April, 1987 he was introduced by Lorenzo Alvarez, his brother-in-law and a co-applicant, to Nelly Agustin in the latter's residence at Factor, Dongalo, Parañaque, Metro Manila. Representing herself as the manager of the Clover Placement Agency, Agustin showed him a job order as proof that he could readily be deployed for overseas employment. Salado learned that he had to pay P5,000.00 as processing fee, which amount he gave sometime in April or May of the same year. He was issued the corresponding receipt.
Also in April or May, 1987, Salado, accompanied by five other applicants who were his relatives, went to the office of the placement agency at Nakpil Street, Ermita, Manila where he saw Agustin and met the spouses Dan and Loma Goce, owners of the agency. He submitted his bio-data and learned from Loma Goce that he had to give P12,000.00, instead of the original amount of P5,000.00 for the placement fee. Although surprised at the new and higher sum, they subsequently agreed as long as there was an assurance that they could leave for abroad.
Thereafter, a receipt was issued in the name of the Clover Placement Agency showing that Salado and his aforesaid co-applicants each paid P2,000.00, instead of the P5,000.00 which each of them actually paid. Several months passed but Salado failed to leave for the promised overseas employment. Hence, in October, 1987, along with the other recruits, he decided to go to the Philippine Overseas Employment Administration (POEA) to verify the real status of Clover Placement Agency. They discovered that said agency was not duly licensed to recruit job applicants. Later, upon learning that Agustin had been arrested, Salado decided to see her and to demand the return of the money he had paid, but Agustin could only give him P500.00.
Ramona Salado, the wife of Rogelio Salado, came to know through her brother, Lorenzo Alvarez, about Nelly Agustin. Accompanied by her husband, Rogelio, Ramona went to see Agustin at the latter's residence. Agustin persuaded her to apply as a cutter/sewer in Oman so that she could join her husband. Encouraged by Agustin's promise that she and her husband could live together while working in Oman, she instructed her husband to give Agustin P2,000.00 for each of them as placement fee, or the total sum of P4,000.00.
Much later, the Salado couple received a telegram from the placement agency requiring them to report to its office because the "NOC" (visa) had allegedly arrived. Again, around February, or March, 1987, Rogelio gave P2,000.00 as payment for his and his wife's passports. Despite follow-up of their papers twice a week from February to June, 1987, he and his wife failed to leave for abroad.
Complainant Dionisio Masaya, accompanied by his brother-in-law, Aquiles Ortega, applied for a job in Oman with the Clover Placement Agency at Parañaque, the agency's former office address. There, Masaya met Nelly Agustin, who introduced herself as the manager of the agency, and the Goce spouses, Dan and Loma, as well as the latter's daughter. He submitted several pertinent documents, such as his bio-data and school credentials.
In May, 1986, Masaya gave Dan Goce P1,900.00 as an initial downpayment for the placement fee, and in September of that same year, he gave an additional P10,000.00. He was issued receipts for said amounts and was advised to go to the placement office once in a while to follow up his application, which he faithfully did. Much to his dismay and chagrin, he failed to leave for abroad as promised. Accordingly, he was forced to demand that his money be refunded but Loma Goce could give him back only P4,000.00 in installments.
As the prosecution's fourth and last witness, Ernesto Alvarez took the witness stand on June 7, 1993. He testified that in February, 1987, he met appellant Agustin through his cousin, Larry Alvarez, at her residence in Parañaque. She informed him that "madalas siyang nagpapalakad sa Oman" and offered him a job as an ambulance driver at the Royal Hospital in Oman with a monthly salary of about $600.00 to $700.00.
On March 10, 1987, Alvarez gave an initial amount of P3,000.00 as processing fee to Agustin at the latter's residence. In the same month, he gave another P3,000.00, this time in the office of the placement agency. Agustin assured him that he could leave for abroad before the end of 1987. He returned several times to the placement agency's office to follow up his application but to no avail. Frustrated, he demanded the return of the money he had paid, but Agustin could only give back P500.00. Thereafter, he looked for Agustin about eight times, but he could no longer find her.
Only herein appellant Agustin testified for the defense. She asserted that Dan and Loma Goce were her neighbors at Tambo, Parañaque and that they were licensed recruiters and owners of the Clover Placement Agency. Previously, the Goce couple was able to send her son, Reynaldo Agustin, to Saudi Arabia. Agustin met the aforementioned complainants through Lorenzo Alvarez who requested her to introduce them to the Goce couple, to which request she acceded.
Denying any participation in the illegal recruitment and maintaining that the recruitment was perpetrated only by the Goce couple, Agustin denied any knowledge of the receipts presented by the prosecution. She insisted that the complainants included her in the complaint thinking that this would compel her to reveal the whereabouts of the Goce spouses.
On November 19, 1993, the trial court rendered judgment finding herein appellant guilty as a principal in the crime of illegal recruitment.
Issue:
Whether or not Agustin’s act of introducing couple Goce falls within the meaning of illegal recruitment and placement under Art 13(b) in relation to Art 34 of the Labor Code.
Held:
The testimonial evidence hereon show that she indeed further committed acts constitutive of illegal recruitment.
All four prosecution witnesses testified that it was Agustin whom they initially approached regarding their plans of working overseas. It was from her that they learned about the fees they had to pay, as well as the papers that they had to submit. It was after they had talked to her that they met the accused spouses who owned the placement agency.
As correctly held by the trial court, being an employee of the Goces, it was therefore logical for appellant to introduce the applicants to said spouses, they being the owners of the agency. As such, appellant was actually making referrals to the agency of which she was a part. She was therefore engaging in recruitment activity.
There is illegal recruitment when one gives the impression of having the ability to send a worker abroad. It is undisputed that appellant gave complainants the distinct impression that she had the power or ability to send people abroad for work such that the latter were convinced to give her the money she demanded in order to be so employed.
WHEREFORE, the appealed judgment of the court a quo is hereby AFFIRMED in toto, with costs against accused-appellant Nelly D. Agustin.
SO ORDERED.
Acknowledgement: Jaja Oftana
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