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Starting September 8, 2012, anonymous comments -- whether for or against the RH bill -- will no longer be permitted on this blog.
Showing posts with label Jemy Gatdula. Show all posts
Showing posts with label Jemy Gatdula. Show all posts

Wednesday, December 12, 2012

There is no such thing as a right to pleasurable sex

From CBCP News:



MANILA, Dec.  12, 2012 —After causing such a ruckus in the Senate last week, the so-called right to “pleasurable sex”, apparently, has no legal basis, according to a lawyer.

Lying or insane

Far from mincing words, Atty. Jemy Gatdula of the Ateneo Law School said in an interview, “Anybody who says that satisfying sex is an international commitment has either got to be lying or insane.”

Monday, December 3, 2012

For the record: on why contraception is not a human right


Jemy Gatdula, Nov. 25, 2012

The news currently being gloated over by the pro-RH Bill advocates (including their too fawning pro-RH media) is the United Nations Population Fund’s declaration in its annual report "The State of the World Population" that: "Family planning is a human right." Unfortunately, aside from playing up the non-news, pro-RH advocates and their media cohorts also distort it.

Notably, the UNFPA’s annual report actually used the term "family planning" as a human right. Not "birth control." Not "contraception." Those are three different things. But pro-RH advocates and media immediately headlined their articles to give the impression that the UNFPA is stating that "birth control" or "contraception" are the human rights. This is outright misleading.

For the record: Jemy Gatdula on why "support for the RH Bill is based on blind faith and not on reason or facts"


Jemy Gatdula, Nov. 15, 2012. 

The pro-life crowd (or at least those who stand against the RH Bill, watered down or not) has always been accused of basing their positions on faith rather than on "facts" or science. Which is absurd. And patently untrue. Because if there is anybody actually basing their entire argument on blind faith, in complete disregard of reason, information, or logic, then one has to lay that on the RH Bill advocates themselves.

How else to justify their baffling support for contraception despite overwhelming evidence that such are hazardous to women or newborn babies? Just six days ago, Lori Chaplin reported ("Want to Find a Good Husband and Have a Family? Don’t Use the Pill," National Catholic Register, Nov. 10, 2012; citing a 2009 UK study "Does the Contraceptive Pill Alter Mate Choice in Humans?") that, aside from making women less attractive (due to the contraceptive’s prevention of ovulation, thus interfering with a woman’s "appearance, odor and voice pitch -- to which men are sensitive"), contraceptives also unquestionably cause harm to women’s bodies.

Tuesday, September 25, 2012

Jemy Gatdula's responses to Fr. Joaquin Bernas and Fr. Ranhilio Aquino


(September 24, 2012)

By this article Fr. Joaquin Bernas (and those from whom he gets his advice) is again sadly mistaken. It is very evident that he compartmentalizes his reasoning, distinguishing the theological, philosophical, and constitutional points from each other. This is wrong. The arguments are actually unified and one. They are all constitutional arguments (and philosophical, and theological). The fact that he can't seem to see that is unfortunate.

His arguments on taxation, the nature of legislation, and the application of natural law are also myopic and, at times, quite fallacious.

Ultimately, how one understands the law, the nature of law, the nature of rights, and the nature of human beings would be determinative of how one ultimately views constitutional law. Though there would be occasions to properly discuss 'pluralism' and 'tolerance', there is still that point when one has to make a consideration of what is the objective standard (or else admit the lack of one) in determining what is constitutional or not and what what is right from wrong.

Far from helping achieve clarity on the issue, Fr. Bernas, I am grieved to say, continues to feed confusion to it.

I still stand on my previous comments on the issue, noting that Fr. Bernas has said nothing new that would give me cause to revise it. For a further exposition on natural law and how contraception violates it, see Catholic Sexual Ethics: A Summary, Explanation & Defense.

Lamentably, another priest, Fr, Ranhilio Aquino, also seems to not "get" natural law (see The Trouble With Natural Law). One can point to so many reasons why this is so. Suffice to say, however, that the fact that he does not seem to grasp that the very authority he mentions (i.e., John Finnis) is actually quite clear on his position that contraception violates natural law (see "Every Marital Act Ought To Be Open to New Life': Toward a Clearer Understanding"; co-written by John Finnis with Germain Grisez and William May) points to his inadequate depth on the matter.

Monday, September 10, 2012

More responses to the 192 pro-RH Ateneo professors

For more on this ongoing story, please see the following:





* An open letter, a petition, a statement of the obvious, an appeal to common sense and a call for fidelity: the first five responses to the latest stunt pulled by pro-RH Ateneo professors

****

(It should be noted that a majority of the responses in this post come from alumni of the Ateneo De Manila University.)


Following on his petition to reclaim the Catholic identity of the Ateneo De Manila University, Ateneo alumnus and Catholic blogger and apologist Dr. Ricardo Boncan came up with two more responses to the 192 pro-RH Ateneo professors and those who have defended their actions on the basis of 'academic freedom'. 


The first is an article entitled It Appears We Have to Burn the House Down to Roast the Pig. The title alludes to an article written by Fr. Joaquin Bernas SJ ("RH bill: Don’t burn the house to roast a pig") where he defended the RH bill from some of its critics. 

Aug 22, 2012

The very same day that Fr. Jett Villarin came out with an official letter to quell the fire of dissent started by the 190 or so professors who publicly and surreptitiously used the Ateneo’s name to push their ideology in support of institutionalized contraception espoused in the RH Bill, hordes of Ateneo students, graduates and faculty, started beating on the drums in support of their president and in support of these dissenting faculty members and their cause. I was amused (and baffled) at the “drum beating” because Fr. Villarin explicitly said that the Ateneo rejects the bill and supports the position of the Catholic Church on the matter of rejecting the bill and the teaching on contraception, which means (not sure if they got this) that the Ateneo is dissociating themselves from these faculty members. Did the drum beaters’ clouded minds miss this fact totally or was there a cryptic message that the ADMU president sent to them that the rest of us, including the Bishops, didn’t know about? 
While many welcomed the letter, including me (tiny woohoo, what could I do, sigh  ), in reality, Fr. Vilarin merely repeated the perfunctory, mild dissociative statement issued by Fr. Ben Nebres three years ago when 14 faculty members made their first stand. Would those 14 abscess into 190 if that letter was stronger in tone and if reprimands were given and enforced, I wonder, hmmm. Looking at the statement in detail, one cannot miss the double-speaking style that pseudo-orthodox dissenters are so fond of employing. The letter, in my opinion, serves one purpose and one purpose alone and it is to satisfy (and douse) the Bishop’s warning that Catholic schools who do not tow the Catholic line may be stripped of their “Catholic” status. 
The Jesuits, it appears, are so very fond of doing the finger wagging with the left and patting the back of dissenters with the right hand. It is the “Ateneo magisterium’s” interpretation of Christ’s words, “do not let your left hand know what your right hand is doing.” Without going into details, the letter appears to be an adaptation of Fr. Joaquin Bernas’ idea that we can accept the bill if we remove the “problematic” provisions in them. He penned this in his blog with the title “Do not burn the house down to roast a pig.” Strange for a priest to essentially say, yes we can accept contraception for society but as Catholics we should obey Church teaching and shouldn’t…huh?? You mean artificial contraception has no negative societal effects and is only applicable to Catholics, really? 
Oh my dear Bishops I am afraid you no longer have to do any canonical sanctions to the Ateneo because they themselves are jumping out the window committing spiritual suicide. They had already started to cut themselves off from the vine a long time ago and fortunately for them it is a rather thick vine from which they are still hanging on by a mere strand! They hardly realize they are at the edge of a cliff and see their worldly prestige, honor and accolades, their social justice activism and their championing the causes of the poor as their new “life line.” They no longer understand the meaning of the passage “what does it profit a man if he gains the whole world and loses his soul for it.” A long time ago the Jesuits of the Ateneo had started this by inventing for themselves, an imaginary, separate Catholic “magisterium” devoid of any real accountability to Rome (brings me back memories of Fr. Tanseco and his famous alternate magisterium hypothesis). They say one thing and do another, that’s the trick, the official stand and the de facto stand which no one hears about except if you are an insider within the halls of the institution. 
This is diabolical because of its insidiousness. It seems that Ateneo students really think that what they are being taught, this alternative, dissenting “magisterial” teaching, is what the Catholic Church teaches and that the CBCP and everyone else is, well, just too stiff, orthodox and not cool (they should get all the coolness they can for where they’re headed!). Could this be the “Catholic position”,  that “…continues to be taught in our classes, as we have always done” that Fr. Villarin refers to in his letter? I only ask because based on my exchanges with Ateneans in that Facebook page, there is not a single iota of evidence I have seen that is reflective of this “Catholic position”, that corroborates the claim of Fr. Villarin, that the Ateneo teaches what the Church authentically teaches. Instead, you see students with an utter hatred for the Bishops and their requirement for the Ateneo to adhere to the Church’s line against the RH Bill. It appears that the dissent is alive and healthy within the House of Ignatius and it will be for many more years to come! 
If that is the case my dear Ateneans, I believe that what Fr. Bernas said was wrong, it appears that we DO have to burn the house down to roast that pig!



The second is a radio interview on DXND, a Catholic radio station in Mindanao:

Tuesday, July 31, 2012

The contraceptive ideology


From the blog of Jemy Gatdula:

is the subject of my Trade Tripper column in this Friday-Saturday (July 27-28, 201 -- CAP) issue of BusinessWorld:

Last June, the Department of Health issued Administrative Order (AO) No. 2012-0009. The declared goal of the AO was to reduce the “unmet need for modern family planning,” specifically the minimization of “maternal mortality.” But the same raises more questions than the answers it attempted to provide. Where is the need to control our population when it’s already unquestioned that it’s precisely that which gives the Philippines superior competitive advantage? Reduce maternal deaths? Then why not provide better medical facilities and services rather than contraception?

The entire thing smacks of mere ideological bias. I don’t think anybody reasonably believes anymore today that the push for contraception is due to economics or female health. Unfortunately, such bias runs on several deeply flawed assumptions. The first is that religious objections find no basis in reason. The second is that institutions are male-imposed creations. The third is that the empowerment of women requires detaching responsibility from sex. The first two are nonsense. It’s the third we shall focus on, not because it has any merit but rather due to the peculiar emotional attraction that underlies it. I would even go so far to say that the only reason this contraception issue has the support it allegedly has is simply because of this myth.

Monday, January 16, 2012

What's this "Natural Law" and why is it relevant to the debate over the RH bill?

Here's the long answer to these questions: Jemy Gatdula's three-part series on the importance of natural law to legislation and to legal considerations regarding contraception in particular.

Returning to natural law
More on natural law
Contraception and natural law

Friday, August 12, 2011

Jemy Gatdula responds to Sen. Miriam Defensor Santiago on Conscience and the RH Bill

Snappy responses to condomics 3
Jemy Gatdula


Through a widely publicized speech given by a senator, the Senate launched its own deliberations on the RH Bill. While seemingly coherent, the points raised again fail to persuade. Old arguments were simply rehashed and faulty assumptions employed that in the end only again reveal the paucity of logic of the contraceptive movement. Here, then, are some short simple responses to the main points raised at the Senate.

Contraception is supported by most Catholic theologians. No. The reverse is true. First of all, the doctrines of the Church are not to be taken from the personal opinions of a few theologians. This is the same as thinking that what the law really is can be gleamed by reading one textbook. Secondly, the theologians resorted to by the senator need to have their positions better examined. For example, McBrien has been called "inaccurate" and "misleading" by the U.S. National Council of Catholic Bishops, Bokentotter’s book was said to be "tendentious Modernist ideology masquerading as history" by Professor James Toner, Wilhelm’s book was called a "theological deception" by Catholic Culture, and Dwyer’s writings were critiqued as having "strong roots in a Marxist sociology of knowledge." On the other hand, Giovanni Montini, Karol Wojtyla, Joseph Ratzinger, Steve Ray, John Murray, John Hardon, William Most, Jimmy Akin, Scott Hahn, Janet Smith, Mike Aquilina, Roberto Latorre, Mark Shea, Charles Chaput - one cannot get a better set of philosophers, theologians, and apologists than that and all uphold the doctrine against contraception as an ordinary "universal" Magisterium of the Church.

Liberation Theology is a progressive movement within the Church. Only if you call resorting to discredited Marxist views as "progressive." Liberation Theology, while it makes a good subject for movies and produces nice sound bites, has itself been discredited by the Church for teachings that constitute "deviations... damaging to the faith." The problem with Liberation Theology is its disordered priorities, putting primacy of material needs over the need to have a closer relationship to God. As Benedict XVI so cogently puts it: "the first poverty among people is not to know Christ." Having said that, let us also remember that the Catholic Church is the largest, most efficient, and most effective charitable, pro-poor organization in the world.

Vatican II made the Church "democratic." The Church has always been democratic, in a manner more inclusive in fact than others. St. Thomas More referred to this in his trial, GK Chesterton wrote about it, Pope Benedict XVI keeps referring to such. It’s the Church’s "democracy of the dead," which means that all the Apostles, saints, and the faithful "that have gone ahead of us" have a say. You get a glimpse of this fact if you go to Mass and listen closely to the priest. That is why when somebody refers to surveys or the fact that other countries or religions believe so and so, the same still do not matter when taken in the context of the Church’s tradition mentioned above. The problem with Vatican II (if you can call it that) is not that it instituted "radical" changes in Church teachings (because it didn’t) but that too many people, indulging their modernist or Marxist proclivities, misinterpret the actual documents of Vatican II.

The Pope’s authority has been diminished by Vatican II. Absolutely not true. As for the primacy of the Petrine Office, simply put: if you don’t believe in it you are not Catholic. And if you don’t like that setup, complain to the guy who made it: Jesus Christ (Mt 16:18-19). This has been affirmed actually in Vatican II’s main document, Lumen Gentium. Hence, with regard to the supposed "improper" rejection of the advisory 1963 Pontifical Birth Control Commission’s report, Pope Pius XI simply decided, with the Holy Spirit’s guidance, that nothing in the Commission’s findings justified deviating from Church doctrine and tradition.

We should trust our conscience more than what the priests say. True. But with one important caveat: our conscience should be guided by the Bible, Holy Tradition, and the Church. Why? Because of man’s capacity for self-deception. Anybody who tried to diet or quit smoking knows this. If we do otherwise, we are making ourselves vulnerable to acting on the basis of imperfect information and the transient emotions and desires of the time. As Pope Paul VI says: "[Catholics] must follow the demands of their own conscience enlightened by God’s law authentically interpreted, and sustained by confidence in Him."

The Church’s teachings are far more intellectually precise and nuanced than some people believe. The Church won’t force anyone to follow. Whatever one does ultimately becomes a matter between him and God. But considering the incredibly smart people who’ve defended the Church and the fact that the Church has always been proven right, you might want to take this piece of advice from Archbishop Charles Chaput: "If you’re Catholic and you disagree with your Church, what do you do? You change your mind."

Monday, May 30, 2011

First response to anti-Catholic "Church of the Poor" article

Jemy Gatdula

Here’s a short, suggested response to this nonsense:

The Church is not rich. By her logic, the Philippines is rich. And yet, why doesn’t she ask that the Philippines, being the 13th largest economy in Asia and the 33rd largest economy in the world by purchasing power parity according to the International Monetary Fund in 2010, with a GDP - purchasing power parity of $373.6 billion in 2010, yet sees 33% of its people under poverty line.

In fact, by that logic, then we should be demanding that the Philippine government, all the pharmaceutical companies, and even international organizations like the UN and WHO, or even large local companies like ABS-CBN or the Lopez Group of Companies, to dispose of all their assets, buildings, etc. and donate them to the poor. But presumably that would be wrong because these organizations apparently do more good to Filipinos if they are existing and operating. Well, the same could be said for the Church and more. The argument regarding supposed Church wealth is very old and very dumb. It’s not that you own a lot it’s what you do with what you own. And the Church has been more effective than any other institution in dealing with poverty, not merely locally but globally.

The Catholic Church supports faithful from all over the world. And each Catholic Church is financially independent. The local Catholic Church does not get any financial support from the Vatican or it's own diocese. Rather, it’s the local church that supports the Vatican. Besides, being a 2000 year old institution, it has accumulated assets, including lands or buildings, many through donations, of which many are quite old.

Even then, these assets are not liquid assets. Most are held in trust for the people of the world to use or simply look at. So when a socialite writer, just for example, wants to go touring Rome and see the valuable paintings at the Sistine Chapel, it must be remembered that the huge upkeep for these treasures are shouldered by the Vatican (with funds from either donations or minimal museum fees; note that there are even days you can visit the museum for free), which in the end is a non-profitable endeavour to it.

A lot of the physical assets such as cathedrals, chapels, etc. are not built for the benefit or vanity of the priests but because the believers themselves (who are human beings and can be reached through the senses) would hopefully be inspired to see through their surroundings and by it seek to know more and be closer to the One who created all. The same reasoning goes for museums, they are done in such a way to provoke interest (even inspiration) for history. And this has to be emphasized again: Church property is not so much owned but rather is held in trust by the present for those faithful to come in the future.

Any profit (or any asset, in fact) that the Church owns is utilized for the costs needed by the faithful the world over. Aside from the upkeep for maintaining churches, masses, priests, etc., it must be emphasized that the Catholic Church is the leading charity in the world. It has, at any given time, donated more money, effort, goods, than any other multinational organization, charitable organization, or even governments.

This bears worth emphasizing: no pharmaceutical company or international org or government has done more than the Catholic Church in terms of charity, education, health and hospital care, scientific research, poverty alleviation. Bill Gates can actually learn from the Church on how to conduct charity.

In the US alone (simply because these are the easily available figures), the Catholic Church educates 2.6 million students everyday at no cost to taxpayers. But this does cost the Church 10 billion US dollars. Note that enrollment in all of these schools is open to all religious faiths. It also operates in the US 637 hospitals which account for hospital treatment of 1 out of every 5 people not just Catholics in the United States today, all shouldered by the Church.

Now clearly the foregoing was merely scribbled hastily and is obviously not meant to be an authoritative source on the charitable and beneficial works of the Church. But what it does at least demonstrate is that there is a very apparent and real benefit that the Church gives to the world’s poor. Note that the social, material realm is not even the primary focus of the Church, its overriding purpose is to save souls. Poverty alleviation and social development is primarily the duty of governments. It is significant, however, that even in this aspect it is the Church that leads the way.

Nevertheless, I have no illusions as to the effect of this blog entry. Proverbs 23:9 is most instructive: "Don't waste your breath on fools, for they will despise the wisest advice." At the least, should this blog entry help fellow believers and defenders of the faith, then all is well.

(Addendum: note from my friend Ipe Salvosa of BusinessWorld. This is merely from Caritas Manila financial report for 2009, it does not include the rest of the activities of the Church in the Philippines: "A total of 146,139 families affected by tropical cyclones Ondoy and Pepeng were given relief assistance. It was made possible by the outpouring of cash and in-kind donations from domestic donors and from other countries and the thousands of volunteers that participated. Caritas Damay Kapanalig typhoon program for Ondoy and Pepeng raised over PhP 57 million (Cash = PhP 39,336,757.91 and in-kind = PhP24,099,285.52)."

"And although 2009’s highlight was the Caritas Damay Kapanalig Ondoy and Pepeng relief and rehabilitation efforts, throughout the course of the year Caritas Manila continued with its highly committed social services and development efforts. 5,463 scholars were maintained under the Youth Servant Leadership and Education Program or YSLEP. 98,552 patients were attended to through the different Caritas charity clinics in Mega Manila. Under preventive health care, 58,118 patients were given health counselling. 12,180 children were fed and monitored under the Caritas Hapag-Asa Feeding Program. 107 inmates were released through paralegal assistance under the Caritas Restorative Justice Program or Caritas RJ. These are just some of the notable accomplishments for 2009.")

Saturday, May 28, 2011

In defense of civil disobedience and the Church's power to withhold communion

Jemy Gatdula

To everything, a reasonable basis is needed. One just can’t act like a spoiled brat and do or say anything because he felt like saying it. And the basis must have a logical connection to the action done or contemplated. All of which is founded on law. Because we are supposedly a society of laws and not caprice. Because, simply put, that is what a sane society does and should be.

Calling for civil disobedience, for example in relation to the RH Bill, may be said to be justified under constitutional law. Not to mention history. The most probable legal rationale for which can be found in the Constitution’s Articles II and III. There is also the Supreme Court ruling validating the Cory Aquino government. Following the 1986 People Power uprising (a good example of civil disobedience which, incidentally, was first called by the Catholic Church), the Supreme Court recognized in Lawyers League vs. Aquino that the new government is indeed de jure rather than merely de facto.

In fact, threatening imprisonment against those organizing civil disobedience could be tantamount to the "chilling effect" that is frowned upon by our laws. The case of Chavez vs. Gonzales is but one recent legal basis for this, as well as the "overbreadth doctrine" and the "freedom from subsequent punishment principle."

Civil disobedience could possibly also find eloquent basis in Estrada vs. Escritor, which tolerated non-application of the law on the basis of "sincere religious belief." The ruling recognizes the "religious nature of Filipinos" and the "elevating influence of religion in society." Considering the highly dubious necessity of the RH Bill, this ruling arguably provides the basis for refusing to pay taxes due to religious conviction. As the Supreme Court declared: "man stands accountable to an authority higher than the State." After all, if civil disobedience calling for a change in government (as Cory Aquino did in 1986) could be legally acceptable, then all the more should civil disobedience in the mere form of non-payment of taxes.

An interesting aside is Fr. James Reuter’s call for those teaching in a Catholic school to leave if they are preaching support for the RH Bill. Indeed, it’s quite insane to insist in teaching in a Catholic institution while publicly going against the doctrines of that institution. This is covered under Article XIV of the Constitution. Also in Supreme Court rulings such as Miriam College vs. CA, Camacho vs. Coresis, and UP vs. CSC, as well as guiding foreign opinions such as Sweezy vs. New Hampshire (cited by Supreme Court Justice Antonio Nachura in his Political Law Reviewer). It is the academic institution’s prerogative to decide "who may teach [and who may continue to teach], what may be taught, how it shall be taught, and who may be admitted to study."

For Catholics, the foregoing should definitely not be construed as restricting academic freedom. This point has been addressed in Ex Corde Ecclesiae. As superbly explained by then Cardinal Joseph Ratzinger: "As you see with, a medical faculty, you have complete academic freedom, but the discipline is such that the obligation of what medicine is determines the exercise of this freedom. As a medical person, you cannot do what you will ... Catholic theology is not individual reflection but thinking with the faith of the church. If you will do other things and have other ideas of what God could be or could not be, there is the freedom of the person to do it, clearly. But one should not say this is Catholic theology."

Of course, there’s that weird argument that Catholic teaching proscribing contraception is not an infallible but rather "reformable" Church teaching. Whoever said that need to consult more knowledgeable theologians. Giovanni Montini, Karol Wojtyla, Joseph Ratzinger, George Weigel, Steve Ray, John Murray, John Hardon, William Most, Jimmy Akin, Scott Hahn, Janet Smith, Mike Aquilina, Roberto Latorre, Mark Shea, Charles Chaput -- one cannot get a better set of theologians than that and all uphold that the doctrine against contraception is an ordinary "universal" Magisterium of the Church. One can see this clearly from Humanae Vitae, Theology of the Body lectures, the Catechism of the Catholic Church, and Caritas in Veritate.

Finally, the authority of priests to refuse to give Communion to anyone deemed unqualified is protected by Article III of the Constitution, elaborated upon by the Supreme Court in cases such as Austria vs. NLRC and Taruc vs. Bishop De la Cruz. Accordingly, matters relating to doctrine or enforcement thereof are left to the discretion of the bishops or priests. Canon 915 of the Code of Canon Law also affirms the priests’ authority to refuse Communion to those publicly disagreeing with Church teaching.

In any event, to have "Communion" means to be at "one" with the Church. I don’t see the logic of one publicly and obstinately going against Church teaching and then wanting to have Communion. That’s just plain childish. And stupid.

Friday, May 6, 2011

The RH Bill and the Common Good

From Jemy Gatdula's blog:

Reasons against RH
is the subject of my Trade Tripper column this Friday-Saturday issue of BusinessWorld:

A funny thought entered my mind during the beatification of Pope John Paul II last Sunday: how many pro-RH advocates got excited or teary eyed while watching the same? The reason is because some Catholics should be reminded that Pope John Paul II gave us the Theology of the Body Lectures, which categorically proscribed the use of contraceptives. This says a lot about the pro-RH crowd’s consistency of thought (or lack of it). However, this article is not about the theological reasons against contraceptives but on some secular grounds why the RH Bill should not pass.

A fellow lawyer-columnist recently posted in his blog that President Aquino was right to support the RH Bill because he is president not only of Catholic Filipinos but of all Filipinos. The problem with this argument is that it misses the point about the function of the presidency and the nature of the RH Bill. While the statement that President Aquino is the president of all Filipinos is obvious enough, nevertheless, he still must execute laws that are for the general interest and do not constitute grave abuse of discretion, while at the same time remaining true to his conscience.

How the RH Bill could serve the common good is beyond me. There is simply no reason why the RH Bill should be passed. Economically, no direct correlation has been made between growth and population. Studies also do not support the contention that our population size is unsustainable. In fact, our birth rates are staying at quite manageable levels. And economists have pointed out that our demographics support domestic consumption, propel our service industry, and make our relatively young citizenry competitive vis-a-vis the ageing economies of Europe, Japan, and Singapore. Finally, studies have shown that poverty here is traceable not to population size (incidentally, not to corruption also) but to the continuing unequal distribution of wealth, with most of it held by our stupid elite.

Medically, the RH Bill introduces risks to female health, as international studies, among them by the International Agency for Research on Cancer, research arm of the World Health Organization) and medical journals (such as Lancet) already attributed (particularly to oral contraceptives) dangers such as cancer (specifically breast cancer). Former Health Secretary Cabral recently publicly acknowledged this. Research has also shown that countries (such as the US and Thailand) resorting to contraceptives (condoms in particular) have actually resulted in the increase of AIDS, unwanted pregnancies, or abortions. The reason is simple: condoms, which fail at least 5% of the time, give a false sense of security, encouraging the illusion of "safe sex."

The RH Bill also violates human rights, particularly as to non-discrimination regarding one’s religion. It was argued by this lawyer-columnist that taxes cannot be argued against the RH Bill as government funds have a general (i.e., non-religious) character. But this again misses the point: Catholics are knowingly being forced to pay for a measure (designed to provide subsidies for contraceptives reportedly costing Five Billion Pesos a year) that is against not their mere opinion but their constitutionally protected religious beliefs.

Note that Catholics cannot be rightly accused of imposing their beliefs on others, as contraceptives are legally and widely available. Instead, the RH Bill is being imposed on Catholics: can’t government come up with other programs to spend money on (such as medicines against cancer or heart disease, maternal care, education, fuel subsidies) that is less divisive and does not trample on their strongly held religious beliefs? This has to be emphasized: no religion is discriminated against by the use of tax money for other purposes should the RH Bill be rejected (as no religion is insane enough to require condom use, at most other religions merely condone it) but such would not be true the other way around.

Which also leads to this point: why should government and Catholic taxpayers be made to bear the burdens of a measure that is controversial, divisive, ineffective, and discriminates against a religion? As multinational pharmaceutical companies aren’t greedy, why not ask them to lower their prices? Why not have NGOs, instead of pouring all that money into lobbying and advertising campaigns, subsidize contraceptives themselves or, even better, donate the money to the poor?

Finally, this lawyer-columnist argues that the proscription against contraception is merely a Catholic thing. This is downright wrong. The reasons against contraception (aside from those above) are based on natural law. This law applies whether or not you are Catholic. Natural law, which seeks to protect human dignity, is the foundation of our Bill of Rights. President Aquino, coming from a school that has St. Thomas More as one of its patron saints, must know that his actions are to be guided by his conscience, with such conscience anchored on natural law. With all due respect, our lawyer-columnist friend should know this. More so, if he’s also a priest.

Thursday, April 28, 2011

The RH Bill is not a solution to the problems it seeks to address

From the latest Trade Tripper column of Jemy Gatdula of BusinessWorld:

is the subject of my Trade Tripper column in this Friday Saturday issue of BusinessWorld
One of the fascinating things to see is how full the churches were last weekend, what with the celebration of Easter Sunday. But what’s sad to note is that behind the facade of apparent devoutness lies a certain lukewarmness, perhaps even ignorance, of the significance of Holy Week and Easter. At worst, hypocrisy. 
The events we commemorate last week are not dead events. They were meant to teach us how to lead our lives. Of the many significant events of the last week of Jesus, let us take three to ponder upon. The first had to do with Judas’ betrayal. Certainly, his motivations for turning traitor were not mentioned in the Gospels (except for John’s laconic reference of Satan entering Judas after the latter dipped bread with Christ). Some commentators claim, however, that Judas felt disappointed with Jesus when it became clearer by the day that He was not leading a political revolution. Jesus’ somewhat weird statement that His followers should eat His body and drink His blood (which actually caused a number of His disciples to leave) may also have something to do with it. 
The second event is Peter’s denial. This came after Peter chopped off an ear of one of the arresting soldiers. Before that, Peter had made loud declarations of his willingness to die for Christ. However, in Peter’s zeal to be near the developments, in his eagerness to be part of the events, he pushed too much into the crowd and there he was identified as a follower of Christ. This set the stage for his denial. Upon being recognized (by servant girls no less), Peter, the supposedly bold brave man, started to fear for himself and denied knowing Jesus three times. Which resulted in him forever being depicted with a rooster on his shoulder. But I digress ... 
The third event is when Pilate asked the crowd to choose between Jesus and Barabbas. This was a profound choice. Barabbas, contrary to common knowledge, was no common thief. He was a revolutionary, a rebel, who was not above using violent means to achieve what are arguably good intentions. The name of Barabbas himself gives us a clue as to his identity. Barabbas means "Son of the Father." In effect, what Pilate presented to the crowd were two Messianic figures. But the differences between the two could not be greater. The crowd, of course, chose Barabbas. 
What is the point? The point is that in all three situations, Judas, Peter, and the crowd were given a choice. That choice is something we also confront every day, every single day, of our lives. The choice presented was: do we rely primarily on our expectations, plans, abilities, knowledge, and understanding? Or do we first put our trust in Him? 
Judas and the crowd essentially thought that Jesus was too otherworldly, too impractical, when what was needed was decisive human action. Pilate, incidentally, was another pragmatist, who knowingly allowed an innocent man crucified to save his career. Peter, on the other hand, was too eager for action that he forgot the teachings of Christ that he made himself vulnerable to turning away from Him. 
Obviously, I’m writing this article in relation to the RH Bill (now re-named Responsible Parenthood Bill). We are seemingly so eager to rely on our abilities, our intelligence, our plans that we forget to have the humility of remembering that we don’t know as much as we think we do. To solve poverty, to care for maternal health, to reduce teen pregnancy and abortions, these are all good intentions. But the means with which we seek to solve them, the reliance on contraception, are not in line with the faith that we profess as Catholics and the facts we know through human experience. 
The interesting thing about this is that in the zeal of RH Bill proponents to defend the indefensible, they even essentially started resorting to that line of Pilate: "what is truth?" Because it is the truth itself that is now being questioned to justify the use of condoms: the authority of the Papal office, the primacy of natural law, the teachings of saints Jerome, Augustine, and De Sales, to Popes Pius XI, Paul VI, John Paul II, and Benedict XVI, the apostolic duty of bishops, religious freedom and the right to proselytize, the diversion of tax money from education and necessary medicines, the carcinogenic nature of many contraceptives, the fact that contraceptive use resulted in the increase of unwanted pregnancies, abortions, and sexually transmitted disease, have weakened societies, and with no proven correlation to alleviating poverty. All this has to be wrong to make contraception right. 
Yes, there are problems that the RH Bill seeks to address. But the RH Bill will never be the solution. Human action unrooted in a morality, ethic, or faith will always be futile. Judas, Peter, and the crowd that chose Barabbas taught us that.

Sunday, November 28, 2010

Snappy replies to condomic arguments

Legal and business expert and columnist Jemy Gatdula has published two parts of his series "Snappy replies to condomic arguments" on Business World as well as on his own blog:

Part 1

Part 2