A call for clearer legislation

 Espresso Mornings

Joe Zaldarriaga

 

On various social media platforms, the issue of discounts for vulnerable groups specifically senior citizens, and persons with disabilities (PWDs) has been a recurring topic of discussion—shedding light on the need for clearer legislation and regulation on its implementation.

    While discounts for these vulnerable groups are mandated by law and should be provided rightfully so, there is a need to iron out gray areas in the implementation of these discounts to ensure that these sectors receive their benefit without disproportionately hurting businesses.

    A surprising and troubling reality that has come into light recently is how transport network vehicle service (TNVS) drivers are forced to bear a significant portion of these discounts, which of course impacts their livelihood. Under the law, senior citizens, PWDs, and students are entitled to a 20 percent discount for transportation.

    In many traditional public transportation settings such as buses and trains, these discounts are fully shouldered by the companies or public utility vehicle operators. However, the situation is far too different for ride-hailing platforms—where companies get a commission from varying fares charged to passengers.

    Compared to the profits made by transport network companies, TNVS drivers are in a largely financially disadvantaged position to absorb the costs of these discounts. This is probably why some decline rides from senior citizens and PWDs—simply because they cannot afford to take the financial hit. Such a practice fosters an environment of discrimination and is just unsustainable for drivers in the ride-hailing industry.

    In essence, the current system favors transport network companies and greatly disadvantages drivers.

    It is easy to pin the blame on transport network companies for passing on these discounts to their drivers instead of shouldering it themselves, but the problem goes beyond the lack of accountability of these companies.

    More than the unfair practice being implemented by these companies, the broader problem rests on the lack of a clear regulatory framework that details the process of implementation of these discounts—from who should bear the cost down to the validation of IDs.

    As the service provider platforms, transport network companies bear a greater responsibility for these mandated discounts. Various corrective measures can play out for this such as fully passing the discount to the transport network companies to ensure that drivers receive their full fare or creating a subsidy system for riders for the discount. The bottom line here is drivers, who are in a largely financially disadvantaged position, should not be forced to shoulder the impact of these discounts alone.

    It is in this light that the government should immediately step in to resolve this imbalance by defining clear and fair regulations not only to ensure that those entitled to these discounts receive them but also to protect the industries that provide these from fraud.

    Essential to correcting this imbalance is addressing the issue of access. A validating mechanism should be put in place to ensure that actual senior citizens, PWDs, and students get access to these discounts and those who are abusing the system of these discounts are penalized.

    On the implementation of these discounts, the government must address gray areas in the current legislation with concrete and detailed processes to hold businesses accountable. In the same light, stricter regulatory measures must be implemented to ensure that businesses that should provide these discounts are protected from fraud—a practice that negatively impacts not only the businesses that cover these discounts but also actual PWDs, senior citizens, and students who should be benefitting from these.

    Certain sectors have also called for transport network companies to reimburse retroactively the drivers who shouldered the discounts.

    This needs further consideration because existing laws point to the discount being tied to the transportation service provided by TNVS driver-operators, not by transport network companies. Therefore, compelling these companies to shoulder or reimburse the discount value would necessitate legislative amendments to existing laws.

    In summary, this is an issue of fairness and justice.

    If we truly want to support vulnerable sectors, we must ensure that the system designed to protect them does not end up harming others. Drivers deserve to earn a decent living while passengers deserve to properly receive the discounts they are entitled to under the law.

    It is up to the government to create an enabling regulatory environment for this. Only through well-crafted and detailed policies can we strike a balance between social responsibility and economic sustainability.

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Demonic attacks on the rise

THOUGHTS AND VIEWS 

Fr. Roy S. Cimagala

 

THIS should be no surprise to us. With the way things are now—new technologies offering more temptations than real advantages, and people spiritually and morally impoverished—what can we expect? That’s why requests for exorcism and deliverance have dramatically increased these days, not to mention the increasing cases of mental illness, psychological disorders, suicide, etc.

    We should never take the devils for granted. They are always around, ever scheming and plotting against us in many, many ways, and often in a manner that is so subtle that we may not even notice them. As St. Peter would put in his first letter: “Your adversary, the devil, prowls around like a roaring lion seeking someone to devour.” (5,8)

    We should never consider the devils as a myth, or as some kind of literary device only to highlight a point in the drama of our life. They are as real as you and me. Our problem is that we think lightly or, worse, falsely of them. And so, we become completely unprepared to deal with their antics.

    But in spite of that unfortunate fact of life, we should remember that the devils cannot do anything against us unless allowed by God. And if allowed, it is because God in his mysterious providence can always draw a greater good from any evil the devils may cause in us.

    We need to have a good grip on this rapidly emerging menace. And the first thing to do is to entertain the possibility that indeed these people who are disturbed by evil spirits are both mentally sick and demonically bothered.

    Yes, while it’s true that the predicament can be an either-or proposition, we should not dismiss the possibility that it can also be a both-and one. Not just disjunctive, but also conjunctive. Let’s remember that the devil is always around. It’s not paranoia to be always alerted of the devil’s existence and his constant efforts to destroy us, usually in very sweet ways.

    It would be good if we level up in our knowledge of psychology. This field of science is getting to be more and more relevant these days. It cannot anymore be the exclusive interest of some people. Everyone should know at least the basics of psychology and from there start accumulating relevant helpful information.

    But we should never forget that the psychological and mental mechanism of a person is steeped in his spiritual dimension that can lead him either to the supernatural or infranatural world. It cannot be studied from the point of view of empirical science alone. It has to input the truths of faith to enable it to cope with the full range of its possibilities.

    This is a point that should be taken more seriously these days. The complicated challenges of our times that have brought about many good things and also many bad things cannot but make this kind of demand. We have to take our faith more seriously, assimilating it in our system and making it the guide and shaper of our lives.

    With our faith, we have the answer to all the questions, the solution to all our problems, even if the answers and solutions it offers may not be the ones we want. But they are the answers and solutions that God himself gives, and not just us.

    Faith is the great healer, the constant pacifier, because it brings Christ into our lives, Christ who heals and who constantly tells us, “Do not be afraid...” We should bring our faith to bear on our sciences and on our other sources of knowledge. -- Email: roycimagala@gmail.com

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The power of community engagement in education

EDUCATION UNBOXED

Erwin L. Rimban

TUGUEGARAO CITY -- In the realm of education, the power of community engagement cannot be overstated. When parents, students, teachers, and community members come together to support learning, the impact can be transformative. In our column today, we explore the importance of community engagement in education and highlight strategies for fostering collaboration between schools and their communities.

Importance of Parental Involvement:

Parental involvement is widely recognized as a key factor in student success. Research has shown that students whose parents are actively engaged in their education tend to perform better academically, have higher attendance rates, and demonstrate greater motivation to learn. Strong home-school partnerships create a supportive environment where students feel valued and supported in their academic journey. Initiatives such as parent-teacher associations and family engagement programs provide opportunities for parents to play an active role in their child's education, contributing to positive outcomes for students.

Student Voice and Participation:

Empowering students to have a voice in their education is essential for promoting engagement and ownership of learning. Student-led initiatives, clubs, and organizations offer opportunities for students to develop leadership skills, build relationships, and contribute to their school community. By involving students in decision-making processes and providing platforms for their ideas and opinions to be heard, schools can create a culture of inclusivity and empowerment that benefits all students.

Collaboration with Teachers and Staff:

Teachers and staff play a crucial role in fostering community engagement within schools. Collaboration between educators, administrators, and community members is essential for creating a supportive and inclusive learning environment. By involving teachers in decision-making processes, providing professional development opportunities, and fostering a culture of teamwork and collaboration, schools can harness the collective expertise and resources of their staff to support student success.

Partnerships with Community Organizations:

Partnerships with community organizations can enhance educational opportunities for students and provide valuable resources and support to schools. Collaboration with local businesses, non-profits, and civic groups can enrich the learning experience, expand access to extracurricular activities, and provide students with real-world learning opportunities. By forging partnerships with community organizations, schools can leverage additional funding, resources, and expertise to meet the diverse needs of their students and communities.

Engaging Diverse Communities:

Reaching out to diverse communities and ensuring that all voices are heard is essential for fostering inclusive and equitable education. Schools must actively work to overcome barriers to engagement, such as language barriers, cultural differences, and socioeconomic disparities. By implementing culturally responsive practices, providing language support services, and actively involving diverse communities in decision-making processes, schools can create an environment where all students and families feel valued and included.

Impact on Student Outcomes:

The impact of community engagement on student outcomes is undeniable. Research has consistently shown that students who are actively engaged in their education and supported by their communities tend to perform better academically, have higher graduation rates, and demonstrate greater social-emotional well-being. By prioritizing community engagement in education, schools can create a foundation for lifelong learning and success for all students.

To sum up, the power of community engagement in education cannot be overstated. When schools, parents, students, teachers, and community members come together to support learning, the impact can be transformative. By fostering a culture of collaboration, inclusivity, and empowerment, schools can create environments where all students have the opportunity to thrive. As we continue to navigate the complexities of education, let us prioritize community engagement as a catalyst for positive change and student success. More on this topic in future iterations of this column. Warm regards to all our readers!

For feedback, you may reach me here: elrimban@alum.up.edu.ph

 

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‘Native Title’ Day

 

LETTERS FROM THE AGNO

March L. Fianza

BAGUIO CITY -- Just like all the rest of the special days that we commemorate, February 23 that would be 116 years by next Sunday, cannot be moved and should not be moved just to accommodate events and whims of politicians and their lap dogs.

February 23, 1909 was not founded nor invented for the sake of holding events such as the celebrations being held in the city in the same month. It was the day when Justice Oliver Wendell Holmes Jr. of the United States Supreme Court swung his gavel to lay down a landmark ruling acknowledging the “Native Title”.

Justice Holmes ruled that “lands that were originally occupied in private capacity since time immemorial never became public lands.” The Baguio area has never been “public” as there were Ibaloy occupants even prior to the arrival of the Spaniards, later the Americans.

The central figure in the USA SC ruling was Mateo Cariño, the Ibaloy chieftain who sued the American government in the early 1900s for occupying his land illegally and deceptively. He fought for his land where John Hay was established, all the way to the higher courts.

He won his case in court that led to the recognition of the “Native Title”. He won without seeing the fruit of his fight. The Native Title ruling, a.k.a. Cariño Doctrine, stated that lands in Baguio held since time immemorial by the Ibaloys are private lands.

 Thus, on February 23, 2025 or 116 years after the ruling, the Ibaloys would gather at the Ibaloy Heritage Garden at the Western section of Burnham Park to hold a simple commemoration of the day when Mateo Cariño won his land case.

On that day, Ibaloys would assemble to remind themselves of the struggles that their ancestors had to go through even prior to the appointment of outspoken leader Mateo Cariño as the Ibaloy headman of Kafagway.

But the annual celebration would be like any ordinary fiesta unless it is explained to the crowd that the day commemorates the time the US Supreme Court through Justice Holmes in 1909 ruled and recognized the land rights of Ibaloy headman Mateo Cariño over what is now known as Camp John Hay. 

Every Ibaloy who is aware of this has the obligation to inform those who do not know the reasons for the celebration. It is also for this reason that the annual gathering was called “Onjon” Ni Ivadoy (Reunion of Ibaloys) to unite tribal members for a common cause.

However, the annual event does not anymore function as expected in the first place. Most of those who attend no longer engage in discussing strategies and help correct the injustices on ancestral lands, and strengthen Mateo Cariño’s Native Title Doctrine.
Mostly, those who come do not share ideas and solutions to issues brought about by the colonial and Philippine government’s takeover of Ibaloy lands under the City Charter. They simply attend to see who is who, partake of the meat, get drunk, be merry and go.

By the way, the Native Title ruling came ahead six months before the Charter of Baguio was issued on September 1, 1909. That means, the American colonizers disregarded Justice Holmes’ ruling and practically grabbed Ibaloy private lands when they issued a charter to take control over lands in Baguio that, according to the US Supreme Court, were never “public”.

 For more than 50 years before the Treaty of Paris on April 11, 1899, Mateo Cariño and his ancestors possessed their land by installing fences for holding farm animals, tilled parts of it and used most of the area for cattle pasture.

In the years 1893, 1894, 1896 and 1897, he made an application but with no avail until he was able to process a possessory title over the land under his name in 1901. Still, even if he had a title, he could not have it registered because the Philippine Commission Act No. 926 of 1903 exempted the Province of Benguet from its operation.

Fast forward, since Cariño’s land was not registered as it had no paper title to show the court in the Philippines, he lost his case. However, he appealed his case to the United States Supreme Court.

Then on February 23, 1909; Justice Holmes declared: “It might perhaps, be proper and sufficient to say that when, as far as testimony or memory goes, the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the Spanish conquest, and never to have been public land.”

This proves that the native title to land or ownership of land by natives in Baguio and the Cordillera by virtue of possession under a claim of ownership existed since time immemorial and exempted from the theory of Jura Regalia or Regalian Doctrine under the Spanish colonizers.

The uniqueness of Baguio is not just its being the cool city of Pines but as the home base of the Indigenous Peoples Rights Act or IPRA of 1997, and that it was the haven of the American colonizers in the Cordillera.

 Thus, Baguio is where the Native Title in Cariño vs. Insular Government was defined. The doctrine was applicable not only in the Philippines but in other countries, such as the United States and Australia that adopted it for the rights of their indigenous peoples.

This year, let us see to it that the significance of the event would not get lost in the steps of the tayao, drowned in the flowing liquor, and meat boiling in a large vat.

 

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The native wines: Nectars of love

 Cultural Notes

Richard Kinnud

 

There’s a story from an Ifugao wedding that illustrates the significance of their traditional rice wine, bayah. At the "punlistaan"—a table where gifts for the newlyweds are placed—a guest was served a drink as a gesture of gratitude. But to his disappointment, he realized that what he was handed wasn’t the traditional bayah, but instead a mixture of juice powder and water. Disgruntled, he muttered loud enough for everyone to hear, "Higayu man hituwe u’unga! Udu’dul man di hubul mu tun malumii an natempla." (This was your laziness, you young ones. The last juice from the wine jar is better than this sweet mixture.)

In that moment, he was lamenting the decline of a cherished tradition—the bayah, which has been a symbol of Ifugao culture for generations. Traditionally, bayah was essential for mumbaki (shamans) in performing sacred rituals, especially those tied to the rice fields. This is also served during cultural events, from weddings to harvest celebrations. But today, the bayah—once a life-giving nectar—seems to be drying up. The reasons for this are twofold. First, the shift towards other faiths has led to the abandonment of many indigenous practices. Second, the intricate process of making bayah (called iwa) has become a daunting task. In today’s fast-paced world, it’s easier to buy ready-made alcoholic drinks, or even substitute with non-alcoholic beverages from the store. Not to mention, imported wines and locally-produced liquors like 2x2 have gained popularity, with some even claiming the latter gives a “better hangover.”

The people however still cultivate the daya’ot in its many varieties which is the main ingredient for the native rice wine.  So, if there’s one thing that could draw the younger generation back to bayah, it’s the process of making it—a practice that involves both skill and patience.

The process begins with ulut—the separation of rice stalks from the grains. It’s worth noting that rice harvesting is done carefully, cutting stalks at a specific length to allow for bundling. A single bundle of rice is referred to as botok—the basic unit of measure. Traditionally, about three bundles are used to make hin-iwa (enough for one batch), though some would argue that hindalan (five bundles) is the ideal amount for processing.

Next comes bayu (milling the rice) using a mortar and pestle, done at the same time as to’op (winnowing) to separate the rice from the hulls. For dark glutinous rice, the grains are roasted in a pan, constantly stirred with an inadu (wooden spatula) until golden brown. Once roasted, the rice is steamed, but only enough water is added to make it half-cooked. For white glutinous rice, the process skips the roasting step and goes directly from milling to cooking.

Once the rice is half-cooked, it’s spread in a ligawu (a winnower) to cool. During this time, banana leaves are gathered, carefully heated over a fire to make them pliable for wrapping. The binokbok (native yeast, usually in bar form) is then pounded and pulverized. The yeast, made from the roots of onwad (a local herb), finely ground rice, mother yeast, and ginger juice, is sprinkled over the cooled rice and mixed well using a smaller inadu. The amount of binokbok used depends on the ono’nong (the processor’s instinct and knowledge).

Once the mixture is ready, it is placed in a labba or tudung (containers made from rattan or bamboo) and carefully wrapped in banana leaves to prevent exposure to air. The containers are hung, with one end lower than the other, preferably in a dark and undisturbed corner. After a day, a small opening is pinched at the end to allow the initial juice (tonoh) to flow out. Over the next two to three days, the tonoh is collected in another container.

When no more tonoh is expected, the rice is transferred into a clean and dry clay jar, and the remaining tonoh is added back in. The jar is tightly sealed with banana leaves and cloth, then placed in a room or corner to ferment for anywhere between five days and two weeks. During this period, the tonoh ferments and becomes bayah. After the fermentation period, more liquid may be added in a process called tomyang to extract additional rice wine.

From one batch of hin-iwa, four to six bottles of undiluted rice wine (often contained in 4x4 gin bottles) can be produced. The wine maker may then heat sugar until it darkens, boil it in water, and mix it with the remaining rice in the jar to produce more fermented liquid. This process can be repeated until no further fermentation is observed. The last remnants of the wine, often bitter in taste, are called hubul.

Bayah is a product of local ingredients and thus, connects the drinker to Mother Nature. Its intricate production process makes it a labor of love, and according to folklore, the rice used to make wine is a gift from the gods. It's assumed that this is similar to the tapey of other Cordillera groups. A word of caution, however from a local proverb: Nan natong an page ya onwad ya adi mahna mi’nong hinan ballu an dalan di u’unga. (The spirit of the mature crops used in making bayah doesn’t mix well with the undeveloped, youthful blood.)

In essence, bayah is not just a drink—it is a deep connection to culture, nature, and tradition. It’s a reminder of the love and effort that goes into creating something that sustains both the body and the soul.  But just like love, one must be careful with the nectar, for it can be both sweet and bitter—nourishing for the soul, yet overwhelming for the untested heart.

 

 

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