Fiscal (Tax) Policy Wishlist

Income tax. Maintain as progressive as mandated by the Constitution using the bracket and exemptions system. The minimum personal income tax should still be at 5% but the maximum should be lowered to 25% to increase compliance of professionals. The brackets should be adjusted to match the inflation rate and should be automatically readjusted every 3 years to minimize income erosion. The corporate income tax should match the highest personal income tax rate at 25% to be competitive with other Asean states. The personal exemptions should be adjusted based on the cost of living.

On UNCLOS, EEZ, and the PCA Ruling

We cannot demand the Chinese out of our exclusive economic zone (EEZ).

EEZ Delimitation in SouthEast Asia

Malaysia and Brunei had their overlapping exclusive economic zones (EEZs) delimited through a bilateral agreement in 2009. The Philippines and Indonesia had our overlapping EEZs delimited through a bilateral agreement in 2014. The Philippines and Malaysia should have our overlapping EEZs delimited through a bilateral agreement. The Philippines, Indonesia and Brunei should join and cooperate in the submission of Vietnam and Malaysia for extended continental shelf (ECS) in the South China Sea. The application for ECS, if granted, should be delimited equidistantly from the five ASEAN states' EEZs. These should be done notwithstanding our claim on northeast Sabah to strengthen our position that UNCLOS and the tribunal ruling is not about sovereignty and to show unity among coastal ASEAN states. Vietnam should also file a case to the Permanent Court of Arbitration regarding the status of islands and features of Paracel to clarify if any is entitled to an EEZ.

http://www.southchinasea.org/files/2011/08/eez3_full.jpg

Multo ng Tagalog 2

*Sagot sa isang die-hard fundamental na regionalist na tinawag akong "evil" dahil Tagalog ako at hindi pa marunong ng ibang wika sa Filipinas.

Basahin ang unang bahagi: Multo ng Tagalog

Hindi si Quezon ang pumili sa Tagalog para maging pambansang wika.

Magsisimula ang kasaysayan ng pagpili sa pambansang wika noong 1934 nang ginagawa ang Konstitusyong 1935. Sabi ng 1935 Konstitusyon, Article XIV:

Section 3. The Congress shall take steps toward the development and adoption of a common national language based on one of the existing native languages. xxx

Ang mga delegado sa Constitutional Convention ng 1934 ay binoto ng mga Filipino. 50 lamang sa 202 mga delegado ang galing sa mga probinsyang Tagalog at ang mga leader naman doon ay mga Cebuano kaya imposible na may monopolya ang Tagalog sa Kumbensyon ng 1934. 96% ang naging boto para aprubahan ang Konstitusyong 1935 sa isang national referendum. Walang monopolya ang mga Tagalog sa isang national referendum.

On the Constitutionality of the Priority Development Assistance Fund

[Last updated on November 1, 2013. Added were the definition of 'discretion'; discussion on Article VI, Section 25 (2), and Article XI, Section 1 of the Constitution; and the Constitutional bases of the lawmaking power of Congress. Also added was the distinction between Congress and individual members of Congress.]

The Priority Development Assistance Fund is discretionary funds appropriated for particular officials specifically members of the House of Representatives and members of the Senate. Are discretionary funds for particular officials unconstitutional? Article VI of the Constitution provides:

On Privilege Speech, Plagiarism, and Copyright Infringement

[Updated July 22, 2013. Jurisprudence explaining plagiarism and jurisprudence on ideas being not protected by copyright were included. Stand on economic rights infringement was changed. The constitutional basis for Senate member punishment was also included.]

Disclaimer: I am not a member of the bar nor a law student. I have no malicious intent in writing this commentary. I do not wish to attribute a crime or otherwise to any person. I, for one, am against cyberbullying. This exercise is purely academic that we might learn from a specific example.

Last August 13, 2012, Senator Vicente Sotto III delivered his privilege speech, Turno en Contra (Part 1 of 4), against the then Reproductive Health Bill. The speech based on the Record of the Senate can be read here.

He was accused of plagiarizing several paragraphs discussing health risks by using oral contraceptives from the blog, The Healthy Home Economist, of a Sarah. The particular blog post, How “The Pill” Can Harm Your Future Child’s Health, (which was said to be the source) can be read here.

Plagiarism can be defined as: the appropriation of another's literary or artistic manner of expression.

Trends 2012: Aussie Christmas

What an Aussie Christmas!

Christmas season at the southern hemisphere is always summer.

In Defense of the Cyber Penal Code of the Philippines

Read the first part: In Defense of the Cybercrime Prevention Act of 2012

Disclaimer: This opinion is not of a member of the bar nor of a law student.

The Cybercrime Prevention Act actually seeks to protect the free and safe use of information and communications technologies (ICT), including the Internet. In Section 4 of the law, the various cybercrimes were defined. These include hacking, e-tapping, spreading of computer virus, and spamming, among others. Being a poser, use of registered tradenames, and using of ICT for child pornography are also punishable.

The one thing I did not like  in Section 4 is the wording in (c) Content-related Offenses:

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration. (bold and underline supplied)

In Defense of the Cybercrime Prevention Act of 2012

Disclaimer: This view is not of a member of the bar nor of a law student.

Here is my position on the most contested Republic Act No. 10175. I am taking the unpopular side of this much heated topic. I am aware of the risk of being infamous very early on the life of this blog because of this view. I usually take unpopular stands on topics in the hope of espousing democratic discussion. In this way, not only you learn, but I also. That being said, please be open also in your thoughts on things you are against.

I do not think the Cybercrime Prevention Act of 2012 should be repealed.