By Sophie Fabrigar || Illustration by Joxyne Gravoso

Indigenous communities in the Philippines, from the Ivatan tribes in Batanes to the Badjaos in Tawi-Tawi, have developed vast and beautiful customs that stem from a long and rich history. In celebration of National Indigenous Peoples Month, the beauty of indigenous culture is appreciated. However, certain aspects of their traditional ways of life put into question the Philippines’ careful balancing act between indigenous traditions and modern values. 

For instance, the Teduray tribal council of Mindanao resolve rape cases through compensation or arranged marriage instead of imprisonment. In cases where a minor gets raped, as part of their tradition, the victim is offered a certain amount of money or livestock by the perpetrator. Otherwise, the tribal council may advise the victim to marry the offender to clear any crimes committed against them. However, if the family declines this traditional justice system, they may file a legal case against the perpetrator of the rape. However, this rarely occurs due to the exorbitant costs, tiring bureaucracy, or a number of other roadblocks when filing a lawsuit.

It may seem to an outsider that such practices are barbaric and outrageous, particularly from the viewpoint of current justice systems. The concept of compensating for sexual violence through payments of money, providing livestock, or marrying the abuser dismisses the trauma the victim experienced and leaves a bad taste in many people’s mouths. However, understanding the cultural and historical context behind these practices is highly important, as these traditions are often the glue used in these indigenous justice systems to maintain social stability within the community, especially when outside solutions fail. Thus, as the Philippines’ formal legal apparatuses fail to adequately serve its indigenous communities, these traditions serve as easy to use failsafes to lean on during disputes for these communities.

Alongside this, though it is necessary to differentiate between tradition and the acknowledgement of human rights to solve these problems, haphazardly imposing external laws on indigenous communities without regard to their significance and norms results in the destruction of traditional authority and the fostering of aggression both within the community and externally towards those who disrupt the regular order of the community. Thus, it is unreasonable to call these traditional practices terrible or unfair from an external point of view as they take up the critical roles as cultural responses to the challenges that modern legal systems have previously and continuously failed to provide for such as through a lack of resources and servicing of these communities by the nation’s legal apparatus.

While these cultural practices are indigenous methods of justice and community peace, they show the fine boundary between societal and legal expectations set in the modern world upon these communities. An example would be Republic Act No. 8371 of 1997 which recognized the right to self-government, including the existing traditional justice system of the Philippines’ indigenous peoples. This law adopted the concept that culture and practices, such as compensatory or community-based settlement, affect the peace in such societies. It enables the communities to have their courts and settle cases through traditional and customary law which is consistent with their practices.

However, as an extra precaution, if such indigenous justice practices would be perceived as a violation of the victim’s rights, or if the family wishes to take the case to court under the Philippines’ national justice system, provisions are in place to allow for this. This could then also result in a suit before the courts of the Philippines exposed to national laws such as RA 8353, the Anti-Rape law declaring sexual violence as a crime and punishing offenders. However, oftentimes, due to inadequate resources in the implementation of this, during the few occasions in which these victims wish to take such cases to formal court, they are forced to resort to traditional systems due to a variety of reasons including payments and the large effort required.

Given the variety of indigenous practices and the downfalls of the current system, it is unfortunate that the Philippine government has not yet envisioned a strategy that integrates these traditional practices with the national laws, especially in cases where people’s rights may be concerned. Customary justice systems, which are tailored to the cultural specificities of a given audience, have been used by indigenous peoples for a long period, but such systems sometimes conflict with modern laws. With this, the state can work first with indigenous peoples by focusing on their chiefs, as a way of creating a system that balances the existing structures concerning traditional power and community peace and the incorporation of modern legal shields. This way, the country can adequately respect the richness of various indigenous peoples’ cultures and provide for equality and justice among all its people.

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By Chris Jon Peñaflor || Illustration by Joxyne Gravoso

What exactly does it say when voters cast their ballots based on familiarity with the candidates instead of understanding their platforms and assessing their actual capabilities to lead?

In the realm of politics, votes are often cast due to the significant influence of a candidate’s name recognition. However, Filipino voters should shift their focus to a candidate’s qualifications, competence, track record, tenacity, and accessibility to the masses. The country’s leaders should bring sound value, strong educational backgrounds, and extensive leadership experience. 

One significant issue currently faced by the country is the tendency of voters to equate a candidate’s visibility with capability. Recently, several well-known celebrities and entertainers have taken the position of public servants, successfully gaining mass support despite lacking leadership skills and political experience. Yet, this problem is not solely rooted in the nation’s voters, as many are not privileged enough to gain access to quality education. Those who have inadequate awareness and understanding fall victim to manipulative tactics during campaign periods. Even before the election, candidates often use the “mere-exposure” effect. This involves distributing printed materials with their faces in certain areas to gain repeated exposure. This tactic subconsciously influences the minds of voters, making the candidates appear favorable and fit to be leaders.

Indeed, fame plays a significant role in a candidate’s electoral success. For example, former Department of Interior and Local Government Secretary Benhur Abalos, now a senatorial candidate, appeared in the Philippine TV action drama series “Black Rider” broadcasted by GMA. Despite already being a prominent figure as DILG secretary, Abalos probably did it to gain more public exposure and establish a sense of familiarity with a large scale of voters who still do not recognize him.

Celebrities and online influencers who run for public office should reflect if they are competent enough to serve and help the country, rather than adding to the existing problems of the country. For example, Deo Balbuena, also known as “Diwata” or “Diwata Pares”, decided to file COC as the fourth nominee of Vendors Partylist regardless of his lack of understanding of the laws and skills to create beneficial policies, make changes, or effectively deal with contemporary social problems. In an interview by Rappler on October 2, 2024, Balbuena gave only indirect and circular answers instead of being straightforward with what specific policies or laws the Partylist has to offer and how they will be implemented. This just goes to show the importance of ensuring that those who are being put in power have the skills and political experience the position requires. 

It’s not sufficient for people to know the candidate; the candidate should also know the people’s needs.  Candidates who already believe that they are qualified should still bear in mind that other candidates might be more qualified than them. Those who are running for office should be fully aware and should be reminded that they are pursuing a duty and responsibility, not a hobby.

Another alarming issue is the country’s legal loophole that allows convicted individuals to run for public office. Due to the state of rigidity and inability to address contemporary issues of the constitution, candidates with criminal convictions, but whose cases are under appeal or have been pardoned, can still seek office as legally stated under the 1987 Philippine Constitution and the Omnibus Election Code. One notorious example is Kerwin Espinosa, a self-confessed drug lord, who filed a candidacy for mayor in Albuera, Leyte despite ongoing legal battles. 

These are just a few of the heavy burdens and unfortunate realities in our country. The nation is still categorized as a flawed democracy. The system tends to favor the famous and wealthy, or the stars and the “big-time.” This dynamic not only allows criminals to evade the full consequences of their actions but also hinders those less-known candidates who have the skills, knowledge, and commitment to public service to secure a spot for public office. 

The trend of celebrities, influencers, and convicted criminals to hold office in the country endangers the integrity and democracy of the nation. A candidate’s fame or popularity should not be a deciding factor in selecting leaders. The country has made significant progress through the sacrifices of countless Filipino heroes, and honoring their contributions requires breaking free from ignorance.

Filipinos have long been giving power to the hands of those who only make the country poorer. Filipinos have shouldered this burden for too long and it persists to weigh heavier with time. Now is the moment to make wiser choices, have good judgment, and regain consciousness. This won’t change the past, but it gives back to the Filipino people the future of the Philippines – the country sworn to love and die for.

By Poimen Agnila || Illustration by Lilianne Salorio

The downfall of a nation lies in its short memory.

Whether it be because of the perpetuation of a golden era narrative, the antagonizing of progressive ideology, or the non-acknowledgment of the barbarism caused by the past regime, the current state of this country’s democracy hinges strongly on the people’s collective capacity to remember. 

September 21st marks the 52nd anniversary of the signing of Proclamation No. 1081—the beginning of Ferdinand Marcos Sr.’s authoritarian reign over what he described as a country in peril. Threatened by communist movements gaining traction in the Philippines, Marcos sought to “save the republic and reform society” through the declaration of martial law. What would follow was 14 years of violence, forced silence, and infamous kleptocracy. 

In the wake of Bongbong Marcos’ candidacy and his family’s rise to mainstream relevance once more, a sickness seems to have gripped the nation—forgetfulness. Seemingly losing all memory of the family’s misdeeds, the Filipino masses have elected another Marcos to power, despite questionable claims of achievements and streaks of disinformation painting his reputation as a politician.

His subsequent appointment as president allowed him to reframe the country’s view of his family and their wrongdoings, wiping away a bloodied history rife with torture and abuse endured by those whose only crime was resistance. 

As we witness history being revised in real-time, we face the important question of what it truly means to never forget.

In times like these, it is imperative to question the validity of claims rather than simply accepting the information given to us. In a subject matter with as wide-ranging consequences as politics, being critical and holding those in power accountable are the first steps to rebuilding a memory actively being erased.

There never was a “golden era”. 

What the Marcos clan claimed was a prosperous period in the nation’s history was in truth only applicable to them, having appropriated billions of pesos from the country’s funds. In July 2003, the Supreme Court allowed for the forfeiture of the Marcoses’ $683 million in funds, deposited in Switzerland through questionable Swiss foundations. In 2018, the anti-graft court Sandiganbayan found former First Lady Imelda Marcos guilty of 7 counts of graft related to the aforementioned plunder.

Moreover, the “discipline” and “order” of the martial law era, which was and still is praised for, were the result of censorship and tyranny. Life was only “peaceful” back then because those who dared to speak up against the regime’s crimes were silenced forever. Journalists and activists who opposed government decisions were tracked down, arrested, and forced to keep shut. In more severe cases, they were brutally tortured and even killed. Data from Amnesty International (as cited in The Martial Law Chronicles Project) reports that 70,000 people were imprisoned, 34,000 were tortured, and 3,240 were killed during Marcos Sr.’s reign of terror. 

It is undeniable that the declaration of Proclamation No. 1081 paved the way for the late dictator’s authoritarian regime. And as history repeats itself with the election of his son to office, we must also reminisce, along with the facts we are armed with, of the power collective resistance holds. 

There is a reason why the EDSA People Power Revolution succeeded in ousting Marcos. It was the refusal to forget by the thousands who filled EDSA that fateful series of days in 1986 that led us to the freedom we now enjoy. Whether or not we continue the example they have set will determine if this country will live to see a different era of governance. 

In the film adaptation of F.H. Bacatan’s book, Smaller and Smaller Circles, Father Jerome Lucero imparts to his students a valuable lesson on the Martial Law era: “Time and forgetfulness are the allies of abusers.”

We hold in our hands the power to end revisionist narratives. As citizens, our duty to remember extends beyond just a simple recollection of what happened; it also directs us to fight against attempts to rewrite history. Learn from the past. Engage in discourse. Become a voice for truth. There is no greater antidote to forgetfulness than a mind that keeps remembering.

The downfall of a nation lies in its short memory but its revival hinges on its people’s capacity to remember.