Thoughts on Media in Focus' Episode on the National Artist Controversy
Here are my immediate thoughts after watching Media in Focus's episode tonight on the National Artist Controversy, "Corruption of Culture."
***I'm glad I watched it because I learned a lot, clarified a lot of things for me.
***It was fun (edge-of-your-seat kind of fun 
) watching Sir Butch, Alexis and Carlo J. Caparas go at it. Lowest point I think was when CJC told Alexis, "Mali ka. Kung ganiyan kang mag-isip bata ka pa nga," or words to that effect. 
***If CCP Board of Trustees Chair Emily Abrera is to be believed, the President of the Philippines actually has no "presidential prerogative." I thought that this right was provided in Presidential Proclamation No. 1001 which created the National Artist title. (Problem is I cannot verify this 100% because the text of the said proclamation is not available online -- only the NCCA guidelines in choosing a NA are. On the other hand, my former teacher, Cristina Pantoja-Hidalgo said elsewhere that a long time ago they already knew that there was something wrong with the process and that they had tried to rectify it, but nothing came of their efforts.)
At any rate, if what Ms. Abrera said is true, then I think what the president did can be legally challenged. What I get from Ms. Abrera is that the president is usually given the old Filipino leeway (e.g. siya naman presidente kaya hayaan na). And based on the National Artist history, Ms. Abrera might be telling the truth. For example, former President Ramos had to sign a new Executive Order just to create a new category, Historical Literature, so that the historian Carlos Quirino can be accommodated.
But in this case, GMA/Malacanang didn't even bother with such legal formalities and invoked an invisible Honors Committee -- Sir Butch, who was part of the NCCA committee who screened and deliberated on the NA nominees, said he had no idea of the existence and composition of this so-called Honors Committee. And since the identities of the members of this committee are not known we cannot ask them how they came up with the final list of National Artists.
And I think that what really got the goat of the NCCA and the CCP people was that to top off this invented committee, four names were added to the four original NA recommendees while one of these four individuals, musician Ramon Santos, was scratched.
But what's wrong with this? Well, the screening committees of the NCCA and the CCP, and the artists at large see this as blatant abuse of authority. Previous presidents exercised their so-called prerogative (really have to see the proclamation to find out if there is such a thing) with restraint and respect for the process -- since the presidency of Ramos, only one name, if ever, is added to the list; these are according to National Artist for Visual Arts Ben Cabrera in this SPOT article, Carlos Quirino (historical literature), Alejandro ” Anding ‘ Roces (literature) , Abdulmari Asia Imao (visual arts). But in this case, GMA added not just one, but four! And to add insult to injury, removed someone from the list, an act which has never been done before by any Philippine president!
***Too bad Cecile Guidote-Alvarez didn't show up since I think the issue of legality, not to mention delicadeza, is strongest in her case. According to the NCCA guidelines in choosing a National Artist, "5. NCCA and CCP Board members and consultants and NCCA and CCP officers and staff are automatically disqualified from being nominated." Guidote-Alvarez is Executive Director of the NCCA.
***Just learned there might be a House of Representatives inquiry re this National Artist flap: "the probe would determine whether the President’s prerogative to choose the recipients of the prestigious award should be abolished." Now, really have to find a copy of Presidential Proclamation 1001. Anyone? If we want to get rid of or minimize corruption we also need to change the system.
Update:
Just communicated with Sir Butch via text asking him where I can get a copy of Proclamation 1001. And what he said blew me away -- he confirms what Ms. Abrera said on the show. There is no such banana as a presidential prerogative. I've asked his permission to quote him and here are two of his text messages:
***
1) Dalisay: "Don't have a copy but it just provides for the President to confirm, proclaim, and confer the award."
So no "presidential prerogative?" I asked.
2) Dalisay: "None in black and white, actually. It's a fiction that people just came to believe and accept." (Emphasis mine.)
***
So if all of these are true, then this issue can perhaps be addressed legally. Impeachment proceedings as one artist has suggested? Or can the conferment be questioned in court?
| Attachment | Size |
|---|---|
| MARCOS-proc1001.pdf | 62.52 KB |
| Petition to Stop the Conferment of the National Artist Award to 4 Individuals, filed with the Supreme Court on 19 August 2009.doc | 179 KB |
Update: Atty. Kapunan says No Presidential Prerogative
Submitted by noid on August 7, 2009 - 1:28am.
There, finally found a legal mind who says that Presidential Prerogative does not exist when it comes to the National Artist:
According to Attorney Lorna Kapunan, who currently sits as Board of the Licensing Executive Society of the Philippines, “the President has no prerogative with regards to the National Artist Awards. The Constitution does not say she can appoint the National Artist.”
si CJC
Submitted by Rom on August 7, 2009 - 7:13am.
napanood ko ito kagabi sa ANC di ko alam kung matatawa ba ako o maiinis kay Carlo J. Caparas. pilit niyang ipinapasok na tinatangkilik daw ng 4 na milyong taga metro manila ang pelikula nya at dahil dun daw nagsisilbi siya sa masa. Haler! 3 milyon lang kaya ang populasyon ng metro manila? palagay nang 4 na milyon nga e ibig sabihin nun pati mga sanggol nanonood ng pelikula nya?
napaka ironic na ginawa siyang national artist para sa visual arts samantalang comics writer, screenplay at film director sya. tapos nagpakita siya ng sample ng mga drowing niya kasi marunong din naman daw siyang mag drowing. sabi ko nga: "ako rin marunong mag drowing, ibig sabihin ba nun pwede na ako maging national artist?" nakakatawa ang taong ito hindi dahil pang masa sya, kundi wala talaga siyang alam ni katiting na karunungan pagdating sa criteria at selection process ng NA.
ang alam ni CJC dapat daw siyang gawing NA kasi nga buong pilipinas tinatangkilik ang komiks nya at maraming pilipino ang nagkaka trabaho dahil sa pelikula, komiks at iba pang mga nagawa nya, at popular daw ito sa masang pilipino. sumagot si Alexis, isa sa mga panelist and sabi nya e kung ganun daw ang logic dapat daw bigyan na rin ng award as national artist si willie revillame dahil sa wowowee niya na popular sa masa at nagbibigay ng tulong sa maraming pilipino.
gaya nang nag appoint sa kanya, si Carlo J. Caparas ay kinakitaan ng kawalan ng kaalaman sa proseso ng pagpili ng pambansang alagad ng sining.
hay, kailan pa tayo uunlad?
Legal Option Might be Best
Submitted by noid on August 7, 2009 - 8:58am.
Rom, I think the best path to pursue right now, aside from the artists protesting, is a legal one. To lawyers who are reading this, is a TRO possible since GMA/Malacanang exercised a right which, in fact, does not exist? If Malacanang won't listen, then I think this is the best option. (Or impeachment, anyone? )
Fictional "Presidential Prerogative" to be questioned at SC
Submitted by noid on August 7, 2009 - 10:02am.
Hayun, pala! Kapunan, et. al. will go to Supreme Court. Go go go!
On the other hand, Atty. Lorna Kapunan, a member of the CCP Board of Trustees, claims that the President does not have the right to insert her own choices into the National Artists selection. She explained that a provision in the selection rules limits the presidential power to “confirmation, proclamation and conferral” only.
“The president has no prerogative as regards to National Artists award… She can create as many awards given by the President herself, but that is not the nature of the National Artist Award,” she argued.
Kapunan also proposed that the whole case be brought to the Supreme Court.
“As some politician has said, that if you are being baked, you just lie down, grin and bare it… The time to do that has ended, we will go to the Supreme Court to question this exercise of ‘prerogative,’” Kapunan said.
No Offical Proclamation so No Legal Action Yet
Submitted by noid on August 7, 2009 - 10:52am.
According to Ms. Abrera, CCP cannot take legal action yet since they haven't officially received the proclamation:
Lawyer Lorna Kapunan, who is also a CCP board member, said that there is a legal remedy in this case and that is by filing an injunction before the Supreme Court, pointing out that “the President has no prerogative concerning the National Artist Awards.” Kapunan said, “The law is clear as to the CCP Board administering the National Artists Award. It is a power given to the CCP Board.” She pointed out that the Implementing Ruls and Regulations (IRR) on the National Artist Awards states that “the list of awardees shall be submitted to the President of the Republic of the Philippines for confirmation, proclamation and conferral,” and that nowhere does it talk about presidential prerogatives. Abrera clarified that at the moment, the CCP cannot take any action because it has not officially been informed about the proclamation of the awards. In the past, she explained, Malacañang issues the official proclamation, transmits it to the CCP, which will then issue press releases to announce the new National Artists. This was done for all previous awards, even the 2003 and 2006 awards under the Arroyo administration. Legal remedy
oks ang legal remedy
Submitted by Rom on August 7, 2009 - 11:55am.
maganda ito. but the thing is gaano katagal ang process? baka naman abutan na ng pag step down si arroyo? o baka pwedeng kumuha muna ng TRO pansamantala?
I think what's important is
Submitted by noid on August 7, 2009 - 2:15pm.
I think what's important is to stop the conferment. Kasi pag matuloy, wala na tayong magagawa. The people should not let GMA get away with an illegal, let alone an immoral, act!
CJC said in one interview
Submitted by anakngfaraon on August 8, 2009 - 2:18pm.
CJC said in one interview na buti nga siya maraming natutulungang mga tao kasi nae-employ niya yung mga tao para sa mga komiks at pelikula niya. Eh yung ibang National Artists wala namang natulungan.
Eh kung paramihan pala ng na-employ ang labanan eh di bigyan na rin natin ng National Artist Award si Henry Sy kasi ang dami niyang empleyado sa mga SM Malls.
http://katya14.multiply.com/journal
"Choice"
Submitted by Pmel on August 8, 2009 - 3:14pm.
Wow ... this is something. Carlos J. Caparas may be favoured by the mass, but if he can't understand the whole point of the discussion on ANC Media, which is a political issue at that, I do doubt his capacity as an artist.
Artists are born with a critical eye. Artists know where their boundaries lie. If I may have a say in this, Caparas must go. Sorry Gloria, wrong man. Had you picked someone else ... maybe a Gerry Alanguilan, I would probably have believed you. As a writer and illustrator, Gerry deserves it more than Caparas.Then again, he's not a film director, so, yeah.
"Gloria Magic"
Submitted by Tantizm on August 8, 2009 - 6:13pm.
CJC is another form of Hello Garci Scandal in the process of selecting a National Artist. His lifetime emolument as a National Artist is a great insult to the Filipino Artist. His pretension is illogical, he doesn't deserve the emblem of a National Artist. The fact that CJC did not go through the rigorous selection and assesment process of the National Artists voting board has triggred another form of " Gloria Magic."
1. His works are for commercialism.
It doesn't manifest a highest form of an Artistry. Some of his recent works in the television like Panday, Gagambino, Ang Babaeng Hinugot sa aking Tadyang, Joaquin Bordado, Kamandag, Bakekang, Pieta, and etc...
These telenobelas are not educative, it doesn't instill social consciousness, social cohesiveness, and booming effect in the komiks industry. He is being patronized by the tv network due to his commercial value in the film industry and not in the society.
2. They say that he is the only artist with a street (in Pasig City where in his early years he worked as a security guard) named after him.
For god sake, what an idiot argument? Dolphy has a Dolphy Theater that named after him by the abs-cbn for his unselfish contribution to the film industry. In fact he deserves to be elevated as an National Artist for his magnanimous contributions in reviving the sublime urge of the youth in the Philippine movie industry.
During the Edsa Revolution, one of the soldier had died in the battle just to regain the network. Presently, the street is named after the slain soldier, the name of the street is Sergeant Esgerra Avenue. If it is the qualification of naming a NA, then let us proclaim Sergeant Esgerra as a National Artist for his bravery and heroic deeds.
3. He’s the only komiks novelist.
When I was a kid, I have several collections of komiks. I was fascinated in reading the stories in komiks plus the colorful drawings which I admired so much. However, there were a lot of komiks novelist during the golden years of komiks industry in our country. What made him a hit-maker komiks novelist was the story of Panday that brought him to the spotlight in the film industry. But it doesn't necessarily mean than he is worthy of the accolades for being branded as a komiks king.
4. He has published more works, not to mention making them into films than any of his colleagues.
Another propaganda of an idiot, Vilma Santos has more contributions than Caparas. As an artist she serves as a model and icon in the movie industry---aside from her unwavering support to the young actors and actresses. Likewise a catalyst of change in the image of political actors and actresses.
5. He is a Cabalen of the President.
CJC was born on December 14, 1948, Pampanga. This is the real deal, cultural affinity is thicker than all deserving National Artist. This is where "Gloria Magic" reveals.
aha!!!
Submitted by Luca on August 9, 2009 - 3:14am.
ang dirty ni Carlo J Caparas...
sorry wala akong alam masyado sa process na to.
pero ganun din naman si Carlo J, kaya quits lang...
heeey, baka pwede rin akong maging National Artist...
wag kang pipikit...
Addendum
Submitted by Luca on August 9, 2009 - 3:18am.
side chicka...
hindi ko alam kung naghahallucinate ako noon pero parang napanood ko sa TV na si CJC and nagdidirek ng pelikula ni Manny Pacquiao at balak nila itong isali sa Cannes (at least sabi ni Donna Villa)
que horror!!!
Jons, walang sinabi yung bertud ng aswang mo! hahahaha jokeneneng...
wag kang pipikit...
Hahahaha...bakit hindi na
Submitted by Tantizm on August 9, 2009 - 10:50am.
Hahahaha...bakit hindi na lang isali ni CJC yung mga nagawa niyang pelikula sa Cannes at ng mapatunayan natin kung deserving siya na maging NA. Mataas ang standard ng cannes, malabnaw ang mga pelikulang ginawa ni CJC at lutang na lutang ito sa mga teleserye nya sa telebisyon. Pumapatok lamang ito dahil sa mga bigating pangalan na gumaganap sa kanyang mga obra na walang maestra.
My Personal Position on the National Artist Controversy
Submitted by noid on August 9, 2009 - 11:55pm.
Pasted below is my position letter on this issue which I posted to various artistic e-groups.
***
Dear fellow artists,
After watching Media in Focus' episode the other night, "Corruption of Culture," and after looking hard into the issue, what really struck and surprised me was the fact that "presidential prerogative" when it comes to the selection of National Artists is fictional. In other words, it does not exist.
With this discovery, together with the reality that 1) the recipients are unlikely to decline the awards AND that 2) Malacañang will not change its mind despite the artist community's protests, I've come to the conclusion that said community has no other recourse but a legal one -- to go to the Supreme Court and file for an injunction against the conferment of the awards, as suggested by Atty. Lorna Kapunan of the CCP's Board of Trustees.
I suggest that Atty. Kapunan et al should push on with this legal remedy once they receive the official notice of the proclamation, since the reason we're raising a howl after all is to stop an illegal act, let alone an immoral one, dead in its tracks. In other words, the goal should be to declare the act of adding four names, and striking off another, illegal. This should have been done a long time ago, when President Ramos started messing with the process and we allowed an illegal act to continue and become a tradition (perhaps due to ignorance or polite deference or just plain laziness on our part -- "Let it be since it's just one name after all."). We're just now reaping the whirlwind. However, we've learned our lesson, and are now prepared to make amends by slaying the monster that our sin of omission has become.
For more details, and for a complete outline of my position, please read my article Thoughts on Media in Focus' Episode on the National Artist Controversy , including the comments.
Best,
Dino Manrique
---
http://www.FilipinoWriter.com
Empowering the Filipino Writer and Reader
http://www.PinoyFilm.com
The Filipino Filmmaking Portal
How to Challenge the National Artist Proclamation in Court
Submitted by noid on August 11, 2009 - 3:33am.
Yahoo user kevlar49171 (I checked his profile and it only says that his name is Earl Victor R, but no occupation stated; most probably he's a lawyer) has replied to my position e-mail/post at the eCulturalCenter yahoogroup -- the official e-group of the Cultural Center of the Philippines. He provides a blueprint for challenging the NA Proclamation in the Supreme Court (the full text of Executive Order 236 cited below can be found at the Supreme Court E-library Edit: EO 435 is the EO cited which amends EO 236. EO 435 can be found at the LawPhil.net site.):
To challenge the Presidential Proclamation of the 2009 National Artists, those opposed to it must first convince the Court that there is actually an unlawful action already committed. There must actually be a proclamation issued or if only about to be issued, that there are documents proving executive action has taken place but not yet fully implemented. Lawyers call this point justiciable issue. The court cannot act if there is nothing to act upon.
I checked Malacanang's list of Presidential Proclamations and found that the Proclamation on the 2009 National Artists has not yet been issued, but there is a bunch of Proclamations numbered 1842 to 1849 which have not yet been made public on the website of the Office of the Press Secretary. The website of the Office of the President is not updated well.
The list on the OPS website has Proclamation 1841 about the 2010 national holidays (dated July 21, 2009) and then jumps to Proclamation 1850 which declares a national period of mourning over the death of former President Corazon Aquino (dated August 1, 2009).
We have here a mysterious set of eight Presidential Proclamations of President Gloria Arroyo which have not yet been made public or not yet numbered and ready for public release.
What is public knowledge is an OPS press release issued on July 29, 2009 which said: "Ermita made the announcement minutes before the President and her lean delegation boarded a commercial Philippine Air Lines flight bound for the United States for her historic meeting with American President Barack Obama."
Assuming there is justiciable issue, the parties taking it to the court must be concerned parties. The National Artists are concerned parties, but let us beware of people like those who keep filing those impeachment cases to immunize impeachable officials from impeachment cases.
Assuming further that the first two hurdles of justiciable issue and proper parties are overcome, the next challenge is to prove that President Arroyo acted beyond her authority as provided by law and by regulations (including Executive Order 435 – the Honors Code of the Philippines).
EO 435 vests upon two instrumentalities some responsibilities for implementing the Honors Code. There is the Chancellery and there is the Committee on Honors. The Chancellery is part of the Department of Foreign Affairs (DFA). The Committee on Honors is chaired by the Executive Secretary. DFA officials and employees are civil servants and many are career officers. It is unlikely that they will be complicit in desecrating the National Artist Award. But there may be cause for concern about political machinations in the Committee on Honors. We are not certain if honorable persons comprise this committee. The task of this Committee is to 'assist'. This word, 'assist' is simple but in government service it is a catch-all word for a wide variety of responsibilities.
This Committee, chaired by the Executive Secretary, with the DFA Secretary as Vice Chairman, has several members: the Head of the Presidential Management Staff (PMS), the Chief of Presidential Protocol, the Chief of Protocol and State Visits of the Department of Foreign Affairs, and the Presidential Assistant for Historical Affairs.
Who is the current Presidential Assistant for Historical Affairs? I have not found out yet. I do know who had served in that post: Manuel Quezon III. The current Presidential Assistant for Historical Affairs would know how the 2009 National Artist Award was deliberated and decided upon in Malacanang.
The rules on the National Artist Award provide that there has to be a nomination to start the process of conferring the award on anyone. There is a nomination form that must be submitted either to the NCCA or to the Cultural Center of the Philippines. It is possible that if anyone wants to take a shortcut through the process, the nomination may have been submitted to the Committee on Honors.
So, if anyone wants to know how the anomaly happened and who is responsible, find out who the Presidential Assistant is and get hold of the nomination documentation. The Chancellery at the DFA may have the records because it serves as the secretariat for the Honors Code implementation.
EO 435 does not state that the President, the Chancellery or the Committee on Honors can go beyond the list of those nominated by the NCCA or the CCP.
EO 435 says:
"Pursuant to Proclamation No. 1001 dated April 27, 1972 and
Republic Act No. 7356, the Order of National Artists is the highest
national recognition conferred upon Filipinos who have made distinct
contributions to arts and letters, upon the recommendation of the
Cultural Center of the Philippines and the National Commission for
Culture and the Arts (NCCA).
"
But there is a curious paragraph which may be cited by Malacanang as their basis or authority for considering nominations other than those submitted by the NCCA or CCP. Here is that provision:
"The Committee shall assist the President in evaluating
nominations for recipients of Honors hereunder, as well as of Presidential
Awards. For this purpose, the Committee may authorize relevant
departments or government agencies to maintain Honors and/or Awards
Committees to process nominations for Honors and/or Presidential
Awards.
"
This paragraph may allow the Committee to cast a wider net so to speak. Is this provision legal?
Within Section 12 of RA 7356 (the law that created the NCCA), there is this provision on the mandate of the NCCA:
"4) extend recognition of artistic achievement through awards, grants and services to artists and cultural groups which contribute significantly to the Filipino's cultural legacy;"
Is this mandate exclusive? Maybe the presumption is that it is exclusive, unless there is some other law that gives another agency the same mandate.
I hope these ideas and information are of help.
Malacañang's Position
Submitted by noid on August 11, 2009 - 4:36am.
This is how the palace is defending its controversial selection of National Artists: Artist protesters should work to revoke EO 236 by Belinda Olivares-Cunanan. According to Teddy Co, Vice Head of NCCA National Committee on Cinema, Cecile Guidote-Alvarez was seen flashing Executive Order No. 236 on her TV show.
Dennis Marasigan responds to
Submitted by noid on August 12, 2009 - 3:01am.
Dennis Marasigan responds to Belinda Olivares-Cunanan's article in a Letter to the Editor of the Philippine Daily Inquirer.
Media in Focus Video Available Online
Submitted by noid on August 11, 2009 - 4:06am.
Presidential Proclamation 1001 Available Online Soon
Submitted by noid on August 11, 2009 - 3:13pm.
Great news! Writer and law student Maureen dela Cruz said she found a copy of Presidential Proclamation 1001 which created the National Artist award at the UP Law Library -- in the Official Gazette to be exact -- was planning to go to the library myself, so now don't have to. :) She said she'll transcribe it once she finds the time. I suggested for her to scan it in the meantime if it's possible. She also said she's willing to help with drafting the petition and navigating the legal issues. Will keep you guys posted.
Presidential Proclamation 1001 Now Available!
Submitted by noid on August 13, 2009 - 3:56pm.
Guys, just attached to this post (below the main body) the text of Proclamation Proclamation 1001 in PDF form. Big thanks to a FilipinoWriter.com member who just wants to go by the name of Braveheart. (Braveheart used to work for an office where he had access to Malacanang archives/records. He says that although the documents are public, only around 300 people can access them. Hopefully this state of affairs changes so any Filipino citizen can see these documents). Thanks, Braveheart!
Anyway, the document isn't what I was expecting at all. It doesn't say anything about the process of selecting a National Artist, and simply declares Amorsolo as the first National Artist. Kumbaga, this law just started the ball rolling.
When Sir Butch Dalisay said that the president's role in the process is to "confirm, proclaim, and confer," I think he was quoting from the National Artist Implementing Rules and Regulations (IRR) not Presidential Proclamation 1001. Now, if this time, someone can send us a copy of the IRR (I think these are more detailed guidelines than the document found at the NCCA website. )
At least now, we know.
Btw, if anyone can encode the text in Word format, it will be much appreciated -- short lang siya so madali lang. :)
How Presidential Prerogative was Institutionalized
Submitted by noid on August 13, 2009 - 6:22am.
A very informative article on the dubious, most probably illegal, tradition of inserting unscreened National Artists: National Artists or National Pretenders by Gisele P. Kasilag of the Manila Bulletin. (Thanks to Nonoy Lauzon for posting this at the UPFI yahoogroup.)
Most quotable excerpt:
But a precedent had been set. And with no legal move on the part of the awards committee, a ruling on this Presidential prerogative was never made. Neither have there been moves to remedy that loophole.
Like the typical artist, the CCP and the NCCA seemed to have trusted that delicadeza would still prevail. It was not to be.
Dr. Ramon Santos Underwent Surgery for Aneurysm Today
Submitted by noid on August 13, 2009 - 5:28pm.
A sad twist to this entire affair. Ramon Santos, National Artist nominee dropped by Arroyo, at the ICU by Ellen Tordesillas.
Got a text from Anna Leah Sarabia that Ramon Santos, the National Artist for music nominee who was dropped by Gloria Arroyo, is at the intensive care unit of the Phillippine Heart Center.
He suffered severe headache last night so he went to the doctor. Initial findings point to aneurysm. He is scheduled for surgery tomorrow.
Anna forwarded this text from Waya, daughter of Santos: “I just talked to the doctor. may intramural hematoma si Dad. mas rare daw yun sa aneurysm. Namumuo ang blood sa ‘wall’ ng ugat o heart. As of now, hoping he may not need an operation but they are preparing for noon surgery tomorrow.”
Santos, a music composer was in the original list of four endorsed for the prestigious awards by the National Commission on Culture and Arts and the Cultural Center of the Philippines. The other three are the late Tagalog novelist Lazaro Francisco, the late filmmaker Manuel Conde and painter Federico Aguilar Alcuaz.
As of yesterday, saw on Facebook appeals for blood donations. Elmar Ingles of the NCCA informed me that Dr. Santos underwent surgery this noon, and people are still waiting for news. Let us all pray for a successful operation and his recovery.
...
Submitted by kislapalitaptap on August 13, 2009 - 6:31pm.
...Sir Noid,
pakipaabot naman sa pamilya ni Sir Ramon Santos na bukas na buksa akong magbigay ng dugo. pakikontak na lang po si Mavie ng CAP para sa aking telephone #.
-Kislap
Kislap, hope na-contact mo
Submitted by noid on August 19, 2009 - 2:18am.
Kislap, hope na-contact mo yung Philippine Heart Center.
Who is Ramon Santos?
Submitted by noid on August 19, 2009 - 3:17am.
In case you're interested in Dr. Ramon Santos' achievements, read the Inquirer article Who is National Artist-elect Ramon Santos? :
On the whole, Santos succeeded in recreating Philippine traditional music in modern forms of expression.
While Santos lies in his hospital bed being closely watched for a rare case of aneurysm, Filipino cultural workers should be informed that he has composed over 130 works on various aspects of tradition, culture and techniques, ranging from large-scale experimental, interactive to environmental works.
That he got international acclaim for his works and very little from his countrymen – and outright rejection from a Malacañang “honors committee” none of whose members know anything about music – reflect the sad plight of the Filipino as substantial composer.
Petition for Injunction to be Filed at Supreme Court August 19
Submitted by noid on August 19, 2009 - 2:07am.
So finally, the petition will be filed today, Wednesday.
Meanwhile, the UP College of Law is set to file on Wednesday in the Supreme Court a petition for injunction to stop the proclamation of the new National Artists, according to writer Sylvia Mayuga, one of the artists protesting the new set of National Artists.
The petition seeks to stop the exercise of a presidential prerogative by Malacañang to name National Artists on its own outside of the selection process of the NCCA and the CCP.
If the high court gives due course to the petition, Santos will be restored to the original list of National Artists selected by the CCP and NCCA. The others on the list are painter Federico Aguilar Alcuaz, the late Tagalog novelist Lazaro Francisco (literature) and the late filmmaker Manuel Conde.
It also means that Alvarez and Caparas will be dropped from the awards.
Also received this text message from CAP's Roselle Pineda:
Filing of petition Supreme Court to stop conferment of National Artist Award. Supreme Court 11am, Wed, Aug 19. Mtng 10am, Mini-Stop P. Faura front of UP Manila Reg. Pls. pass.
If you live in the Manila and/or are free, you may want to join the petitioners today. The details are still hazy, but from what Roselle told me via text and past online and offline conversations with members of the art community, all the stakeholders, including CCP (and I think past National Artists) are involved in this legal move.
Let us all pray for a just and moral decision from our country's highest judicial body.
Update: Here's an excerpt from GMANews.tv's news item: Group to file case at SC over Arroyo choice of nat'l artists
A group of at least 20 artists will file a case at the Supreme Court to stop President Gloria Macapagal Arroyo from conferring the National Artist award to four nominees who allegedly did not undergo the proper selection process for the prestigious title.
National artist for literature Bienvenido Lumbera, chairman of the Concerned Artists of the Philippines, told GMANews.TV on Tuesday, that at least 20 artists, including him and two other national artists Virgilio Almario and Benedicto Cabrera will file the petition for prohibition with prayer for temporary restraining order at 10 a.m., Wednesday.
"We are outraged that President Arroyo ignored the established process of selecting nominees for national artist. She has a devious way of going around the law," said Lumbera.
UP College of Law Meeting
Submitted by noid on August 19, 2009 - 3:06am.
Nicolas Pichay's Facebook Photos - To the Supreme Court we will go.
I collated Atty. Nick's photo captions which serve to explain the petition:
Moved by conviction, armed with the law, artists, professors of the humanities, and the genuine National Artists are going to file a Petition with the Supreme Court tomorrow, 19 August 2009 to challenge the Dagdag-Bawas that started it all.
"This action is for prohibition and injunction. It seeks, principally three reliefs.", explains Dean Marvic Leonen and Atty Teddy Te of the UP College of Law.
"(1) First, a Temporary Restraining Order (TRO) or Status Quo Order to restrain, immediately and initially, the conferment by the Office of the President of the Order of the National Artist."
"(2) Second, the writ of prohibition to stop the award of the Order of the National Artist to private respondents for having been done with grave abuse of discretion."
"(3) Third, the writ of permanent injunction to restrain the conferment of the Order of the National Artist for 2009 on the four private respondents arising directly from the grave abuse of discretion on the part of the President."
Longer Excerpt from the Petition
Submitted by noid on August 19, 2009 - 12:43pm.
Atty. Trixie Cruz-Angeles shares us with longer excerpts from the petiton. Atty. Trixie's intro:
This morning at 10AM, National Artists Virgilio Almario, Benedicto Cabrera, F. Sionil Jose, Arturo Luz, Salvador Bernal, Bienvenido Lumbera and Napoleon Abueva, together with other artists and cultural workers, members of the faculty of various Arts disciplines and of the College of Law of the University of the Philippines and the Concerned Artists of the Philippines will be filing a petition for prohibition, certiorari and injunction with prayer for temporary restraining order to challenge the awarding of the Order of National Artists on four persons who either did not pass muster in the established prcess of selection or were never included in said process at all.
The petition enumerates the acts of grave abuse of discretion as the following:
First the blatant disregard of the process of selection conducted by the National Commission for Culture and the Arts (NCCA) and the Cultural Center of the Philippines (CCP),
Second the unexplained deletion of the name of Dr. Ramon Santos from the final list of nominees,
and Third, the insertion of the names of Fransisco Manosa, Jose Moreno, Carlo J. Caparas and Cecile Guidote Alvarez in the list of awardees, notably that of Ms. Alvarez, whose name was never considered for nomination due to a lack of eligibility (under the rules, she is barred from the process as she heads the Secretariat of the NCCA).
The petition also seeks a definition of the discretion of the President in the selection of National Artists to avoid discrimination of persons who pass the selection process and the inadvertent denigration of the Order of National Artists that is the necessary result of an exercise of discretion aimed at political gain rather than recognition of merit.
Excerpt from the petition itself:
...However, because Art is governed and subjected to principles, and because these principles may, over time, be varied by giving it more or less importance with the changing perceptions of each generation, it is also a discipline. It is studied, examined, parsed, poked and prodded to help us further define what it is that makes it sublime, despite the different forms it may take. Expertise on it is developed, whether by the artist himself, through the constant practice of his craft or by the scholar, who examines the artistic value of the final expression.
This too, is the business of governing institutions, such as National Commission for Culture and the Arts and the Cultural Center of the Philippines, as well as the National Museum. By legal mandate, they make use of expertise in the Arts to further the Constitutional admonition for the State to conserve, promote, and popularize the nation’s artistic creations, (1987 Constitution, Art. XIV, Sec. 15), so that the creations that are granted State patronage for their conservation, promotion and popularization, shall be deserving of the same.
Legally, it is the exclusive province of institutions such as the NCCA and the CCP in selecting those who will be conferred the Order of the National Artist to set the standard for entry into this select group. And it is precisely in that selectiveness that the mandate of the Constitution is furthered, enhanced and fulfilled.
Please read the complete post by Atty. Trixie here. Let me know if you cannot access the said note/post so I can re-post the entire post here.
Keep the Issue Alive for us to Succeed!
Submitted by noid on August 19, 2009 - 1:03pm.
Guys, we need to keep this issue alive. Here's what Dean Marvic Leonen and Atty. Trixie have to say in the post above:
Atty. Marvic:
This is a case of first impression for the court. Court has never ruled on whether it has the jurisdiction to decide on this issue. Your lawyers will need support through what the artists can do better: communicate, articulate, shape and influence public opinion
Atty. Trixie:
Sir Marvic is correct. We got the filing done -- heroic efforts from Atty. Ted Te who had to brave and wade through the Donaire motorcade to get to the Supreme Court. But we have to keep this issue alive and in the discussions. Time for the artists to pick up the pace.
So continue posting about this issue on your blogs and/or joining street protests!
Coverage of the Filing
Submitted by noid on August 20, 2009 - 12:56pm.
My friend, filmmaker JP Carpio, was able to cover the event with his Sony camcorder although he cannot upload it since his firewire port is busted -- hopefully someone can help him. Anyway, he texted that among the personalities he saw during the filing were National Artists Virgilio Almario (Rio Alma), Salvador Bernal, and Atty. Trixie Angeles, Atty. Teddy Te, Behn Cervantes, Butch Dalisay, CAP members and Bart Guingona.
Meanwhile, writer and Assistant Vice President for Public Affairs, University of the Philippines System Wendell Capili has compiled news coverage of the filing of the Supreme Court petition in his Facebook account.
And lots of photos from Atty. Trixie and Wendell.
Text of Petition Now Available
Submitted by noid on August 20, 2009 - 3:10pm.
The entire text of the petition is now available at Newsbreak as a Word document (38 pages). Also uploaded/attached it to the body of the main post of this thread above.
Kababasa
Submitted by leigh13diwata on August 25, 2009 - 4:18pm.
ko lang nito kanina...
... bata-batuta... malaki ang batuta...
Thanks for posting. Di ko na
Submitted by noid on August 30, 2009 - 2:08am.
Thanks for posting. Di ko na pala kailangan i-post. :)
Update: Presidential Prerogative Does Not Exist
Just communicated with Sir Butch via text asking him where I can get a copy of Proclamation 1001. And what he said blew me away -- he confirms what Ms. Abrera said on the show. There is no such banana as a presidential prerogative. I've asked his permission to quote him and here are two of his text messages:
***
1) Dalisay: "Don't have a copy but it just provides for the President to confirm, proclaim, and confer the award."
So no "presidential prerogative?" I asked.
2) Dalisay: "None in black and white, actually. It's a fiction that people just came to believe and accept." (Emphasis mine.)
***
So if all of these are true, then this issue can perhaps be addressed legally. Impeachment proceedings as one artist has suggested? Or can the conferment be questioned in court?