What was the Solicitor General thinking?

Its just a scorecard, folks. A single battle may have been won but the war isn’t over. And how was that single battle lost? Through the fault and negligence of “concerned” artists who never collectively objected earlier (in 2006) when Caparas was already being awarded for his so-called excellence in movie-making and komiks writing.

From 2006, other award-giving bodies followed suit and yet, we still saw no howls of protest from the “art community” at large. Their silence and inaction for approximately 4 years practically led all, particularly the Office of the President, to believe (rightly or wrongly) that indeed, Magno Jose Carlo J. Caparas is “National Artist” award material. So what happens? In 2009, the massacre king finally gets annointed as a “National Artist for visual art and film” and it is only then, when the damage has already been done, that we see all this Dali-esque hee-haw performance protest from the community of “refined” artists; some of whom pompously and audaciously declare that they are the damaged party and (*gulp*) the “suffering light” who will lead the way. Clearly, these so-called (and self-proclaimed) “concerned” artists with messianic complexes are partly to blame for all this and not just the Office of the President.

And let's get another thing straight: just because we've found fault on BOTH the “concerned” artists and the Office of the President, doesn’t mean that this blog is necessarily siding with the latter. That is just plain dyslexic.

The net is dominated right now by plain “free speech protest” writings of komikeros and indies against Caparas and Malacanang with the single recycled theme that a B-movie massacre film director or has-been komiks novelist has no real artistic merit. Hey, we're there already. We know that. But why stop there? Unfortunately this kind of tunnel-vision never tries to consider any other point of view, especially one that’s contrary to, and even finds them partly to blame for this whole stinking mess.

And when that lone perspective, however unpopular, gets to be posted in the spirit of balance and fairplay, all sorts of accusations arise, particularly that this blog is really in favor of Caparas. Sta. Banana! PLEASE move on. That kind of comment we can do without. Please make like a tree and LEAVE. That’s what you get when have concerned artists following this blog.

But it doesn’t end there. You think this is the only thing these concerned artists have been guilty of? Let's consider the others.

One of the arguments put forth by the concerned artists is that in the selection process of nominees, Malacanang “bypassed” the artists committee at the NCCA (National Center for Culture and the Arts). In short, the NCCA was never consulted. The insertion of Caparas (et. al.) in the list of 2009 nominees for National Artist was unilaterally made by Malacanang, which is allegedly contrary to the procedure of first “consulting” with the NCCA artists committee.

Columnist Ducky Paredes of "Malaya" broadsheet newspaper puts it this way:

“Nominations are submitted to the National Artist Secretariat created by the National Artist Award Committee; experts from the different art fields then sit on a First Deliberation to prepare the short list of nominees. A Second Deliberation, which is a joint meeting of the NCCA and the Board of Trustees of the CCP, decides on the final list. The list is then forwarded to the President of the Philippines, who, by Presidential Proclamation, announces the final nominees as members of the Order of National Artists.

Emily Abrera, chair of the CCP Board of Trustees, says it very well:” Throughout the history of the National Artist Awards, Presidents of the Philippines have exercised the privilege of adding their choices to the final list of National Artist Awardees. And they have done so.

“But never was there an instance when the name of a person deemed truly deserving and who went through the rigorous process of selection, was struck off the list.

“While we respect the President’s prerogative to name her choices, we deplore the disregard of the established process whereby our National Artists are chosen. It was reported in the media (through Secretary Gabriel Claudio) that the President’s choices were a product of thorough consultations with the NCCA and CCP. We wish to clarify that we were never consulted about these final choices, nor have we been officially informed about them, to this day.”

The nominees of the CCP and the NCCA were Architect Francisco Manosa, Filmmaker Manuel Conde (Posthumous), Painter Federico Aguilar Alcuaz and Roman Santos for music. Gloria deleted Ramon Santos from the list."

Well, the above runs counter to the other Malaya newspaper report on the OSG’s comment that the NCCA and CCP’s list of nominees were indeed submitted to Malacanang BUT WERE ONLY TAKEN INTO CONSIDERATION as Malacanang finally decided to follow the recommendation and nomination of its Honors Committee created in 2003 under Executive Order No. 236. So, its incorrect for Emily Abrera to claim that the NCCA and CCP were NEVER consulted. In truth, their “recommended” nominations were submitted but were unfortunately never approved. That’s consultation enough. And when it was disregarded by the higher Honors Committee in Malacanang, its “Tough luck, Chuck”. That's the procedure right now. After the CCP and NCCA, it next goes to the Honors Commitee in Malacanang as provided under E.O. 236 (as amended).

There is no LAW saying that the NCCA and CCP’s “recommendations” are final and can never be amended or disregarded by the higher Honors Commitee.

To argue that it is a “custom and tradition” for the President to first consult with the NCCA and CCP on whose names are to be deleted and substituted anew in the nomination list, or worse, that such “recommendations” are final and not even the word of God can change it, is woefully INCORRECT.

Such “custom or tradition” does not amend, repeal or modify Art. VII of the 1987 Constitution and the procedure outlined by law in R.A. 7356, E.0. 236 and E.O. 451, the latter two having the force and effect of law. Only laws, not customs, traditions or other practices to the contrary, can repeal, amend or modify other laws. Significantly, the concerned artists, NCCA and CCP have not cited any clear, provision of law declaring otherwise. They staged a mock funeral of the “arts” at the CCP, but that will not reverse the petition in their favor.

This may come as a shock to the concerned artists but the National Artist award (from the beginning) is a recognition given NOT by a private group of “artists”, but is an award given by the government or incumbent administration as mandated by pertinent laws. What were they thinking? That men in government are “artistic” and will always side with them? Hokey smoke.

It began with dictator Marcos in 1973 when, having arrogated to himself law-making powers, enacted Presidential Decree No. 208, which declared for the first time the grant of “National Artist” awards and providing for their funding and selection process by the Cultural Center of the Philippines. The CCP at the time was staffed by Marcos appointees and cronies who appointed “national artists” within their social circle of co-cultural elitists.

After the EDSA revolution of February, 1986, P.D. 208 was partly repealed and modified due to the enactment in its place of Republic Act No. 7356, creating the National Commission on Culture and the Arts. This was signed into law on September, 1992 by the late Corazon Aquino, who was nearing the end of her term then as President. To stress, the grant and conferment of the national artist award under PD 208 was not totally repealed in that the CCP is not anymore the sole administrator of the award as before.

Rather, under Section 18 of R.A. 7356, the CCP had to now “coordinate”, “share” and “subordinate” that function with the NCCA under this new procedure under the Republic Act:

“Sec. 18. The National Cultural Agencies. — The Commission shall coordinate with the national cultural agencies including but not limited to the Cultural Center of the Philippines, the Institute of Philippine Languages, the National Historical Institute, the National Library, the National Museum, the Records Management and Archives Office, However, they shall continue operating under their respective charters or as provided by law where provisions therein are not inconsistent with the provisions of this Act. They shall serve as the national repository and/or showcase, as the case may be of the best of Philippine culture and arts. For this purpose, these agencies shall submit periodic reports, including recommendations to the Commission.”

And under Section 9 of R.A. 7356, MOST of the people who comprised the NCCA are either presidential appointees, cabinet members and career government executives while only a few were private and individual “artists”, to wit:

“Sec. 9. Composition. — The Commission shall be composed of the following members;

(a) the Undersecretary of the Department of Education, Culture and Sports;

(b) the Undersecretary of the Department of Tourism;

(c) the Chairman of the House Committee on Culture;

(d) the Chairman of the Senate Committee on Culture;

(e) the President of the Cultural Center of the Philippines;

(f) the Executive Director of the National Historical Institute;

(g) the Director of the National Museum;

(h) the Director of the National Library;

(i) the Director of the Institute of Philippine Languages;

(j) the Director of the Records Management and Archives Office;

(k) the Executive Director of the Commission;

(l) the Head of the Subcommission on Cultural Communities and Traditional Arts;

(m) three (3) representatives from the private sector who shall be the elected heads of the three (3) Subcommission identified hereunder, namely: the Subcommission on Cultural Heritage, the Subcommission on the Arts and the Subcommission on Cultural Dissemination. They shall be elected by the chairpersons of the national committees under their respective Subcommissions.”

So really, the governing body of the NCCA is not entirely representative of the artist community at all. Note that from (a) to (l) above but with the notable exception of (c) and (d), these are not all private individuals but government officers under the control and supervision of the Executive branch of government. And who heads the executive branch of government? Answer: the President of the Philippines. Being mere subordinates, the President can always set aside their decisions by virtue of his/her control power.

Under our present system of government, executive power is vested in the President. The members of the Cabinet and other executive officials are merely alter egos. As such, they are subject to the power of control of the President, at whose will and behest they can be removed from office; or their actions and decisions changed, suspended or reversed. This can be gleaned from the following provisions of Art. VII of the 1987 Constitution:

"Section 1. The executive power shall be vested in the President of the Philippines."

"Section 17. The President shall have control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed."

Not only this but under Section 13 (j) of R.A. 7356, it further gave the implication that since the NCCA's function was merely "advisory", that is, to merely give "advise" on matters relating to the grant of an award to deserving individuals, it follows that the grant and even "creation" of such an award is part of executive power of the President; that the next Presidents (Ramos and Macapagal-Arroyo) had the power to create new “national artist” award categories:

“Sec. 13. Powers and Functions. — To carry out its mandate, the Commission shall exercise the following powers and functions: xxx

(j) advise the President on matters pertaining to culture and the arts, including the creation of a special decoration or award, for persons who have significantly contributed to the development and promotion of Philippine culture and arts;”

When Fidel V. Ramos was elected President, he created new national artist award categories e.g. “visual arts”, “theater”, “cinema”, “music” and “historical literature” by way of his Executive Order Nos. 208 and 451, and under E.O. 208, created a new award for national artists in the form of granting state funerals in case of their deaths. Was Ramos first "advised" by the NCCA or CCP to make these new awards? There is none. It was all at Ramos' initiative.

After Ramos, came Joseph Ejercito Estrada and then at present, Gloria Macapagal-Arroyo. Estrada, who did not last long because of EDSA 2, made no Executive Order affecting the national artist award. Macapagal-Arroyo however, did in the form of Executive Order no. 236, creating in 2003 the Honors Committee whose purpose, under Section 9 thereof, was to merely "assist" the President in evaluating nominations for Presidential awards such as the National Artist award, fortifying even more the mere "advisory" function of the NCCA under Section 13 of R.A. 7356, thus:

"Section 9. xxx 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. xxx"

Arroyo was never advised by the CCP or NCCA to do this. It was her sole initiative as President and Chief Executive.

Under the same Section 9 of E.O. 236, the Honors Committee is composed of the Executive Secretary, Secretary of Foreign Affairs, head of the Presidential Management Staff, Presidential Assistant for Historical Affairs, Chief Presidential Protocol and State Visits – Department of Foreign Affairs. Again, all of these people are under the executive branch of government and the Office of the President. Whatever they say and do can always be reversed under the President’s executive control power.

With the creation of the Honors Committee, the procedure since 2003 is that after the CCP and NCCA make their nomination and selection, the same is submitted to a third body for further evaluation: the Honors Committee in Malacanang.

Now, suppose the Honors Committee gave a recommendation contrary to that of the CCP and NCCA’s recommendations. Can the President just consider the Honors Committee recommendation WITHOUT going back to the NCCA and CCP for a second “consultation”? We believe the answer is YES. Why? Because of her control power as Chief Executive of the land and that the NCCA, CCP and Honors Committee under her are staffed by her “alter-egos” whose acts she can always modify.

If the Honors Committee sided with the CCP and NCCA and the President does not agree, insisting that Caparas should be included in the nomination, can she again do this unilaterally? Once more, the answer is YES. That is her prerogative as Chief Executive under Philippine laws, the Constitution and jurisprudence. The national artist award is an award of the government, the administration, and under the 1987 Constitution, the President is the head of such government or administration; has control over all her “alter-ego’s” actions.

Let’s go to another issue raised by the concerned artists: Can the President award an entirely new category, that of fusing two categories into one: “national artist for visual arts and film” which is contrary to their treatment as separate awards by the CCP and NCCA? Again the answer is YES under the control powers of the President. Considering that these recommendations by the CCP and NCCA are merely advisory. This was made explicit in the following highlighted and underscored provision of E.O. 435 amending E.O. 236, to wit:

[Executive Order No. 435]
June 08, 2005

AMENDING SECTION 5 (IV) OF EXECUTIVE ORDER NO. 236 ENTITLED "ESTABLISHING THE HONORS CODE OF THE PHILIPPINES TO CREATE AN ORDER OF PRECEDENCE OF HONORS CONFERRED AND FOR OTHERPURPOSE"

WHEREAS, Executive Order ("EO") No. 236 (s. 2003) nationalized the roster of civil awards and decorations of the Philippines to ensure consistency of criteria in conferring honors, preserve integrity and prestige thereof, clarify and definitively establish their order of precedence, in conformity with internationally-accepted traditional and protocular norms and practices;

WHEREAS, under EO 236, the Order of National Artists shall be conferred upon the recommendation of the Cultural Center of the Philippines ("CCP") and the National Commission for Culture and the Arts ("NCCA");

WHEREAS, there is a need to harmonize the procedure for awarding the Order of National Artists with the purpose and intent of existing laws, i.e. Proclamation No.1001, as amended by Proclamation No1144 and Presidential Decree No. 208, as well as Republic Act No 7356, in relation to Section 20, Chapter 7, Title I, Book III of Executive Order No. 292, otherwise known as the "Administrative Code of 1987";

WHEREAS, due recognition must be given to National Artists for their valuable contributions to the cultural heritage of the country, as well as in encouragement of the spirit of excellence in the arts and letters;

NOW, THEREFORE, I GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby amend Section 5 (IV) of EO No. 236, entitled "Establishing the Honors Code of the Philippines to create an Order of Precedence of Honor Conferred and for Other Purposes," on Order of the National Artists, to read as follows:

"IV. Order of National Artists (Order ng mga Pambansang Alagad ng Sining); Order of National Scientists (Order ng mga Pambansang Alagad ng Agham); Order of National Social Scientist (Order ng mga Pambansang Alagad ng Agham Panlipunan); Gawad sa Manlilikha ng Bayan (Award for National Living Treasures)-Order of National Artists

Pursuant to Proclamation No. 1001 dated April 27, 1972 and Republic Act No. 7356, the National Commission for Culture and the Arts and the Cultural Center of the Philippines shall advise the President on the conferment of the Order of National Artists, the highest national recognition conferred upon Filipinos who have made distinct contributions to development and promotion of Philippine culture and the arts. (Emphasis Ours)

The National Artist for Historical Literature, created under Executive Order No. 451 dated October 9, 1997, is subsumed under the Order of National Artists."

This amendment shall take effect immediately.

DONE in the City of Manila on this 8th day of June in the year of Our Lord Two Thousand and Five.

(Sgd.) GLORIA MACAPAGAL – ARROYO”

Indeed, what could be higher than a national artist award for film and a national award for visual arts? Answer, a combination of the two as one: national artist for visual art and film. Can the President do this unilaterally despite the mere advise of her alter-egos in the CCP and NCCA to treat these awards separately? Again, the unfortunate answer is YES because of her control power over her alter-egos, and the procedure outlined in E.O. 236 and 435.

Which brings us to the other view that the concerned artists' petition for prohibition may again be dismissed on a serious technical error. Prohibition is a preventive remedy. It seeks to prevent the proceedings of any tribunal, corporation, board, officer or person, in this case the President of the Philippines and the Honors Committee (members of her cabinet) from performing the act sought to be prevented during pendency of the restraining order.

The Solicitor General appears to be correct in that, what is there to prevent when the President already made her choice earlier for 2009 national artists and that the awarding ceremony/conferment stage to follow is only a mere formality? Its too late. The purpose of the petition is absent. The act sought to be prevented is already fait accompli. It has to be denied.

To that, we can cite other reasons. The preventive remedy of prohibition lies only against judicial or ministerial functions. The Honors Committee is not a judicial body or court of law, nor is the President a judicial officer. As a general rule, prohibition will not lie against legislative and executive branches of government acting in the exercise of their official functions basically in consideration of the respect due from the judiciary (Supreme Court) to said departments of co-equal and coordinate ranks under the principle of separation of powers.

Worse if the acts to be impugned may be essentially political in nature and, as a rule, non-justiciable, since the remedy therefrom lies not in the courts but in the department in regard to which full discretionary authority is vested, (i.e., Office of the President and/or Honors Committee) or by the submission thereof to the judgment of the citizenry in the proper political forum. As was previously discussed the conferment of a national artist award is "political" in nature subject to the discretion of the executive branch of government. There is NO law explicitly declaring that such choices of the Honors Committee or the President, have to be subsumed to the nominations made by either the CCP or NCCA. There was a previous "custom" , "tradition" or contrary practice made before by former Presidents Aquino and Ramos. But this is just that: custom. It is not LAW.

Neither was the Honors Committee or the President performing ministerial functions, that is, performing an act mandated by law requiring them to follow the "custom and tradition" of consulting first with the CCP and NCCA, or of unquestionably following their "recommended" nominees. There is no LAW cited by the concerned artists to support this, only a contrary "practice" that had gone before, which Arroyo and her Honors Committee shunned only now, based of course on the President's executive control power under the 1987 Constitution, R.A. 7356, E.O. 236 and E.O. 451.

Moreover, before you can avail of prohibition, you should first prove that you exhausted all administrative remedies available to rectify the situation. That is, the petitioning concerned artists should have first filed a motion for reconsideration before the President and Honors Committee and allow them the opportunity to first correct their mistakes or errors after they made their "new" choices for national artist nominees. This was not done. This was bypassed by the petitioners in favor of their mock "luksa ng sining" at the CCP on August 7, 2009. Later, the petition for prohibition was filed directly and immediately without any prior motion for reconsideration filed with the Office of the President. This is a FATAL legal blunder and the petition could be dismissed on this SERIOUS technicality.

Though it is a general rule that a petition for prohibition will not lie against an official act of the legislative or executive branch of government, the recognized exception is IF the legislative or executive act complained of, is patently illegal or contrary to law. This is so even if the act sought to be prevented has already occurred.

The awards for "fashion design" and "for visual art and film" are entirely new and were created solely by Arroyo. Despite this however, as was previously discussed and shown, the executive control powers of the President legally grants her the prerogative of making such choices. She has discretion on the matter, even when she deleted the nomination of Dr. Ramon Santos as national artist for music. It is political.

The judiciary or the Supreme Court, will not intervene in the matter because there is no clear provision of law violated when the choices were made. The concerned artists cite no such law in their petition or public interviews with media.

Ah, but the concerned artists counter, NCCA Director Cecille Guidote Alvarez is another matter entirely. Section 11 of R.A. 7356 (the 1992 law creating the NCCA) explicitly states that during his or her term as member of the Commission, an NCCA Commissioner shall not be eligible for any grant or such other financial aid from the Commission as an individual. So, her award as national artist for theater is ILLEGAL and the President has committed an illegal act when she nominated and chose her for the award. This too is faulty. There is a misreading of the law.

Clearly, when you read Section 11 of R.A. 7356, it defines the prohibited act as a grant or other financial aid made by the NCCA to a member of its Commission. Here, the act is by the Office of the President and Honors Committee who are not part of the NCCA.

Moreover, the national artist award is not per se, a financial grant or aid. As defined under Marcos' P.D. 208 of 1973, the national artist award is essentially a "special privilege" (not a financial aid or monetary grant) that does not only involve the grant of monetary aid, but also other non-monetary privileges such as a state funeral, forever retaining Filipino citizenship regardless of acts to the contrary, and a place of honor in state functions, national commemoration ceremonies and all other cultural presentations. Hence, on these counts, Section 11 of R.A. 7356 is inapplicable against Guidote-Alvarez and the President. The concerned artists' argument on this score have no merit.

Well, there you have it. In all probability that’s how the concerned artists’ arguments would be legally struck down by the Supreme Court. Its also a two-cent educated guess at what was probably going on in the mind of the Solicitor General when she made her 51 page Comment.

In parting, we still maintain the position that HAD these concerned artists collectively raised their voices against Caparas’ merits as an “artist” way back in 2006, this big cosmic joke would never have happened in the first place. But, sadly, you can't win them all. As Jimmy Santos would say: "That's the way the ball pen."

Jesus, save us!

Understanding the National Artist "AWARD"

Past recipients of the presidential national artist award complain that having Carlo J. Caparas as a national artist unduly includes him within their roster, as if the national artist award created some "Order" or distinct club of truly exceptional and honored individuals. This is wrong.

As you read Executive Order No. 236, which is the basis of Caparas' declaration, you will find that the national artist award does NOT create an "Order" or exclusive association of honored and exceptional national artists. THANK GOD! Can you imagine calling Caparas, SIR Carlo or "Gat" Caparas? Heavens to mergatroid!

Executive Order No. 236 is entitled: "Establishing the Honors Code of the Philippines to create an Order of Precedence of Honors conferred and for other Purposes". The national artist award is indeed an honor BUT in the precedence, or "order", of presidential honors, it is probably a lower category meaning further, that individuals who are not totally exceptional can join this particular group. Hence, the nomination and conferment of a mere "award" to Caparas.

Ridiculous you say? That is the revision made in 2003 by President Arroyo when she issued Executive Order 236, Section 1 of which reads as follows:

"Section 1. The Honors Code. There is hereby established the "Honors Code of the Philippines" (hereinafter referred to as the 'Honors Code') as set out in this Executive Order.

The Honors Code emphasizes the exceptional prestige of the Honors conferred hereunder. Unless otherwise enumerated as Honors within the Order of Precedence established by this Executive Order, all other presidential awards, while tangible recognitions of merit and accomplishment, shall not be considered Honors for the purposes of this Honors Code." (Italics Ours)

In the enumeration of "Honors" in E.O. 236, the "national artist" award is NOT included. It is a mere presidential award and certainly, not the highest. E.O. 236 emphasizes this in its definition of terms, as follows:

"Section 2. DEFINITION OF TERMS. The following terms, as used in this Executive Order, shall be defined as follows:

2.a) An Order is an award that grants membership in an exclusive association of honored individuals, and which by tradition carries with it distinctive insignia to be worn by recipients.

b) Decoration. A decoration is a wearable award usually conferred for a specific act of meritorious service.

c) Medal. A Medal is a wearable award usually conferred to recognize service and/or achievement or to commemorate a significant event.

For purposes of this Executive Order, Orders, Decorations and Medals, which are awards of the highest prestige, are collectively referred to as Honors.

d) Award. An Award is a tangible means of recognizing accomplishment and/or merit, usually in the form of a citation, plaque, trophy or medallion." (Emphasis Ours)

So you see? The national artist "award" is not of the highest prestige or an "Honor" to begin with. It is not part of an "Order". It is a mere recognition of accomplishment. Past and present "national artists" do not belong to an exclusive club of exceptional individuals. There is no Order of national artists. Having won the national artist award for visual art and film does not confer an 'Honor" or real prestige to the massacre king. Doesn't that bring a tear in your eye and a sigh of relief? Isn't that Gloria one sly cookie?

Section 7 of the same E.O. 236, emphasizes the point even further:

"Section 7. Other Presidential Awards. The President may confer Presidential Awards not otherwise included in the Order of Precedence of the Honors Code, as set out in Section 3 of this Executive Order. For the avoidance of doubt, Presidential Awards not otherwise enumerated in Section 3 of this Executive Order are not considered Honors as defined herein." (Emphasis Ours)

Guess what? The national artist award is not part of the enumeration of Honors in Section 3 of E.O. 236. So, the national artist award is not really an "Honor". This is stressed under Section 11 (c) of this same Executive Order:

"Section 11. Discontinuance of Previous Awards.

a. Upon the effectivity of this Executive Order, only Honors enumerated under Section 3 hereof shall be awarded. Accordingly, the following civilian Awards shall no longer be conferred:
(i) Medal of Honor
(ii) Rizal Collegiate Palms
(iii) Mabini Teachers Medal
(iv) Rizal Pro Patria Award
(v) Presidential Citation for Honesty and Integrity
(vi) Order of the Grieving Heart
(vii) Presidential Award in Education
(viii) Order of Kalantiao
(ix) Republic Cultural Heritage Award
(x) Presidential Citation for Outstanding Humanitarian Services
(xi) International Artist
(xii) Bayani ng Bagong Republika
(xiii) Presidential Citation for Outstanding Service to Philippine
Democracy
(xiv) Presidential Award for Heroism in Times of Disaster
(xv) Sajid Bulig Presidential Award for Heroism
(xvi) Presidential Mineral Industry Environment Award

b. The above-mentioned civilian Awards shall remain extant during the lifetime of the last holder of the respective Awards, and the holders of said Awards shall continue to enjoy the rights and privileges thereof. Thereafter, the respective affected Awards shall cease to exist and be discontinued.

c. All other Awards which have not heretofore been mentioned may continue to be awarded as Presidential Awards, but such awards shall not be considered Honors for purposes of this Honors Code." (Emphasis Ours)

So there you have it. The "concerned" national artists can stop daydreaming that they are part of some exclusive and fraternal club of distinguished artists. Its not. This means that massacre kings like Caparas can join. April "Boy" Regino can join. Any "artist" who is really not that uber-distinguished can join.

That's the national artist "award" for you.

Caparas:One, Concerned Artists: ZERO, Part 2

The following was retrieved from the online article of the "Malaya" newspaper dated, September 17, 2009. Its a more detailed account of the Solicitor General's arguments on why the "concerned artists" petition should be "legally" dismissed:

SC cannot overturn president’s power to appoint National Artists: Sol-Gen

GOVERNMENT lawyers yesterday insisted that the conferment of the rank and title of the Order of National Artist on movie director Carlo Caparas and six others is well within the powers of the President and cannot be overturned by the Supreme Court.

In a 51-page comment, the Office of the Solicitor General sought the dismissal of the petition for prohibition filed by several national artists and cultural workers for being moot and academic, with Malacañang’s conferment of the award being already final.

Solicitor general Agnes Devanadera said President Arroyo had already issued Proclamation Nos. 1823, 1824, 1825, 1826, 1827, 1828, and 1829 declaring as national artists Manuel Urbano (for film and broadcast) Lazaro Francisco (literature), Federico Aguilar Alcuaz (visual arts), Cecilia Guidote-Alvarez (theater), Caparas (visual arts and film), Francisco Mañosa (architecture), Jose "Pitoy" Moreno (fashion design).

Devanadera said the petition filed by several national artists called for a preventive remedy but since the act sought to be enjoined had already taken place, there was nothing more to restrain. "The issues raised in the petition are clearly moot and academic as private respondents have been declared national artists. No amount of melodramatic protests shall overturn this fact," she said.

Devanadera said the award of the order of national artist is the exclusive prerogative of the President. She said that while the joint letter of the boards of National Commission on Culture and the Arts (NCCA) and the Cultural Center of the Philippines (CCP) recommending four artists for the award is persuasive, the same is not binding on the President.

"(President Arroyo) can affirm, disregard or modify the recommendation submitted by the two boards. Since the law clothes the President with the power to confer the award, such conferment must be understood as necessarily carrying with it ample discretion to decide who to award," she said.

The OSG further said the President did not disregard the selection process of the NCCA-CCP board but instead took it into consideration along with the recommendation of the Committee on Honors. Devanadera said it was the Committee on Honors which submitted the names of Caparas, Mañosa, Alvarez and Moreno for the 2009 Order of National Artists.

The Committee on Honors was created on Sept. 19, 2003 under Executive Order No. 236 to assist the President in evaluating nominations for recipient honors and presidential awards. It is composed of the Executive Secretary, Secretary of Foreign Affairs, head of the Presidential Management Staff, Presidential Assistant for Historical Affairs, Chief Presidential Protocol and State Visits – Department of Foreign Affairs.

Devanadera said the vetting process of the Committee on Honors "does not override but runs parallel" with the NCCA-CCP Board’s selection process. She said the Committee on Honors consulted experts and considered the nominations made by various organizations and persons from different sectors. – Evangeline C. de Vera

Caparas: One, Concerned National Artists: ZERO

The Office of the Solicitor General has already filed its comment on the Supreme Court petition to annul the 2009 National Artist award to Carlo J. Caparas, and it does not look good. The following online article from "Business World" (http://www.bworldonline.com/) was retrieved this date (September 17, 2009) and reproduced herein as follows:

"NO MORE ISSUE BEHIND NATIONAL ARTISTS — OSG

THE RIGHT to choose and appoint National Artists resides in the President based on the art community’s recommendations, the Office of the Solicitor General (OSG) said, thus there is nothing irregular in a recent proclamation relating to the controversial issue.

In a comment filed with the Supreme Court, the OSG said the court should dismiss the petition of National Artists seeking to stop the conferment of the award to National Commission on Culture and the Arts Executive Director Cecile Guidote-Alvarez (theater), film director Carlo J. Caparas (visual arts), designer Jose "Pitoy" R. Moreno (fashion design) and architect Francisco T. Mañosa (architecture). The court has issued a stay order on the conferment pending resolution of the case.

The OSG said there is no issue to resolve since the conferment has been formalized done through presidential proclamations issued in June, adding the awarding is only ceremonial.

President Gloria Macapagal-Arroyo "embodies the mandate to mediate between the different, varying and even warring ideas of beauty, art and literature," it said, adding in no way did the President abuse her discretion in naming the new National Artists. — IPP"

See? This is what we mean by these "concerned" artists not protesting Caparas' lack of cinematic or komiks writing excellence way back in 2006 when he was being nominated for the National Artist award. Its called "estoppel" folks. Their earlier negligence and inaction has led others to believe then that Caparas is indeed National Artist material so they work on it (like Manuel Morato's "GUSI" Peace Prize). Now that Caparas bagged the mother of artist awards, can "concerned" artists also rise out of the woodwork and yell "Foul"? Of course not. Who's fault was it? Why have events led to this? Has the "concerned" artists' negligence and inaction in early 2006 have something to do with this? Many think so. Why lay the blame exclusively on these "concerned" artists? Because of their audacious claim that they are the so-called "light" leading the nation to artistic (and political?) enlightenment?

And then we have the OSG comment affirming the awards procedure; upholding the exercise of sound discretion by the President to make such conferment. Well, if anything, everybody knows that the OSG is generally pro-administration. But that's beside the point. Its how you argue and defend your position matters. Here's hoping that the petitioners (concerned national artists) have a more persuasive counter-argument.

CARLO J. CAPARAS AND THE POLITICS OF "ART"

Jesus save us!

We’ve seen a lot of anger and resentment these past few days on Caparas’ bagging the 2009 National Artist award for visual art and film. Most of it coming from the so-called “artist community” of arthouse actors, directors, musicians, writers, and yes, “refined” komiks artists and writers (whatever that means); the so-called educated or “cultural” elite of the country.

You’re all too familiar with the weak pros and strong cons against Caparas’ non-worthiness for the “visual arts” category. We’ll not get into that. Its been looped to death all over the internet by now that you’re probably on the verge of vomit.

No, we’re here to look at this emotionally charged tragi-comedy from another angle. And that is, IF Caparas’ films and komiks writing had no real artistic merit, IF it was never celebratory or influential in the first place, then WHERE were these “concerned artists” when Caparas’ nomination for National Artist was announced way back in 2006? Why only now in 2009, a good four years after, when the damage has already been done? WHERE were these “concerned artists” during the intervening years from 2006 to 2009? Were they just smirking on the sidelines, making snide remarks to themselves saying it will never happen? Are these “concerned artists” to blame for something in all this? Has their inaction and apathy in the past led them to cry over spilt milk in the present? Is this instant karma?

“Former President Fidel Valdez Ramos joins mega director Carlo J. Caparas and former Prime Minister Mahathir Mahamad of Malaysia in the elite list of Gusi Peace Prize Awardees slated on November 22.

This developed amid the resounding clamor for Caparas to be conferred the National Artist Award next year for his cinematic excellence, as well as for his komiks novellas numbering over 800, 200 of which were made into box-office hit flicks.

xxx xxx xxx

The Gusi Peace award is at par with Sweden’s prestigious Nobel Peace Prize Award given to individuals or institutions adjudged as having given the “greatest benefit to mankind”.

Caparas will be conferred the Gusi award for his vital contribution in advocating peace and justice with his cinematic excellence as a scriptwriter and novelist.

xxx xxx xxx

The Gusi Peace foundation is a non profit charitable foundation envisioned by its founder, the late Capt. Germeniano Javier Gusi, in 1910 to give proper recognition by conferring awards of excellence and distinction to eminent individuals or groups who have distinguished themselves as exemplars of society in scientific discoveries, medicine or physiology, physics, chemistry, performing arts, business and philanthropy, economics, humanitarianism, politics, academe, literature, religion, visual arts, internationalism, and other fields of endeavors with respect to human life and contribution to peace worldwide. Xxx “ (“Carlo J. Caparas for National Artist” by Efren Montano, appearing in the October 17, 2006 issue of “People’s Tonight” tabloid newspaper)

Former Philippine Charity Sweepstakes Chairman, MANUEL MORATO, is the President of the GUSI Peace Prize Foundation. Morato, as is well known, is supportive of Caparas who makes regular guest appearances in his television show.

So where were these “concerned artists” then?

After 2006, what followed was the 2007 Caparas “komiks caravan” and his much ballyhooed attempt to revive the local komiks industry. No howls of collective protest were made then of his dubious “cinematic excellence and distinction in the “visual arts”, especially from the “traditional” komiks people who were gainfully employed (or exploited depending on whose side of the fence you’re on) under Caparas and Sterling Paper Products. In fact, even after Caparas’ komiks line were cancelled, NONE of these traditional “komiks” people were protesting in large numbers over the internet or in other media questioning the "artistic merits" of his movies and komiks works.

It is only now, when the cultural elite's whole artistic world has finally crumbled, that we see this symbolic overflowing of "tough love” on Caparas by no less than the “refined”, “traditional” and “concerned” komiks writers and artists. With clenched fist and all the melodrama they can muster you can hear them scream their hearts out: “He’s no visual artist! His works have no artistic merit! He’s a massacre film makre!” Sta. Banana, what a revolting development. Jesus save us! indeed. If the Caparas komiks line were still ongoing, ten to one, you can bet the komiks farm that these "cultured" komikeros would be keeping their mouths shut and holding some poorly organized fun run in Intramuros for Caparas.

Its politics and hypocrisy at its bedside best, folks. You can be sure that after all this is over, you can see these “artists” pat themselves on the back for a job well done; screaming to high heavens that they are the “light” to all this “darkness”. Good Grief. And then they go back to their enclosed artistic self-indulgent shell of a world in Mt. Olympus. Hwow. Such poetry. Such synchronized inanity. No wonder the general public is apathetic to all this “national artist” b.s. Know why?

Because the works of these “concerned artists” have never been accessible to the low income general public in the first place as Caparas’ works have been. There’s no connection, widespread familiarity and nostalgia to begin with.

The general public who are—ahem—“poor”, have no knowledge of “expensive” and “exclusive” art and refinement especially those produced by the “cultured” elite of komikeros and indies.

Yet, these komikeros and other culturally-minded “concerned” artists like them cry and bewail that our third world economy is against them. They’re not businessmen. Its corrupting. They don’t want to be, so everything has to be expensive. The audience has to keep up with them. Art must be expensive, “high”, “abstract”, “progressive” bla bla bla. And what happens? They’ve left the field open to massacre kings like Caparas to dominate and when the latter gets to win a National Artist award they cry FOUL.

And they call themselves the “light” to all this political “darkness”. Screw moi. No thank you. We can think for ourselves, thank you very much.

In the ongoing Caparas melee which is really a battle of vain and empty artistic pride, no one can really take sides except maybe standby and watch the cockfight go its final predictable course. It has nothing life-changing to offer. And we are the poorer for it.

Jesus save us.

Komiks' unknown reality of tax and other incentives

From the yahoo.com.ph site, the following news item from the Philippine Star is reproduced:

"Reading broadens horizons, regardless of the subject. But for the Bureau of Customs, only books used in schools can be classified as “educational” — a category that exempts an imported book from taxes and duties. The BOC has since revised its rules, slapping taxes on the importation of many international bestsellers and other books that the bureau believes do not fall under the categories of “educational, scientific or cultural.”

The BOC’s move, endorsed by Finance Undersecretary Espele Sales, is based on a review of Republic Act 8047 or the Book Publishing Industry Development Act of 1995. Customs and finance officials said RA 8047 exempted from taxes and duties “only books or raw materials to be used in book publishing.” Critics pointed out that slapping the taxes and import duties violated the 1950 Florence Agreement on the Importation of Educational, Scientific and Cultural Materials, to which the Philippines was a signatory in 1952. The treaty provides for the duty-free importation of books to guarantee the free flow of “educational, scientific and cultural materials” among countries. But BOC and finance officials reportedly believe that novels and other international bestsellers do not fall under any of these categories.

The new rule has reportedly led to a halt in book importations in recent months, and the absence of new book titles at popular chains. A number of those books are geared toward young readers. With the Internet, television and Wi-fi competing for children’s attention these days, parents count themselves lucky when their children bother to read books. Many youths who enjoy light reading such as the “Harry Potter” series and the “Twilight” vampire chronicles eventually go on to heavier subjects including non-fiction and classic literature. Book enjoyment is carried on into adulthood. Does education stop after college graduation?

Taxes and import duties are passed on to consumers by book dealers, and higher prices could discourage book reading among Filipinos with a limited budget. Duty-free importation has allowed Filipinos to enjoy books at prices that are often lower than those in the sources of origin of the imported items. The government should review whether it wants to deprive Filipinos of this source of learning and enjoyment. - (Philstar News Service, www.philstar.com)"

After considering protests from the NBDB and other bodies, the action was thankfully withdrawn. For now at least. It can always come back whenever our cash-strapped government needs money to fill its dwindling coffers. A close call but its no reason to sit on your laurels. Will another protest work then? You never know.

The Book Publishing Industry Development Act of 1995 (i.e., Republic Act No. 8047) gives a broad definiton of "book" so as to encompass "comics" and "graphic novels" within its coverage. It defines a "book" in this manner:

"Section 3 (a), Book. As defined by the United Nations Educational Scientific and Cultural Organization (UNESCO) a printed non-periodical publication of at least forty-eight pages, exclusive of cover pages, published in the country and made available to the public."

This law mandates all persons and enterprises engaged in local book publishing and its related activities to register as such with the National Book Development Board. Once qualified for registration, the local book publisher is entitled to fiscal and non-fiscal incentives under the Omnibus Investment Code (as amended) subject however to qualifications and requirements set by the Board of Investments (BOI). One of these incentives is the grant of tax and duty-free importation of books (for book distributors) or raw materials to be used in book publishing. But the real meat in all this, is the exemption from coverage of the expanded value added tax law, all books, magazines, periodicals, newspapers, including book publishing and printing, as well as its distribution and circulation.

Is the publishing, printing, distribution and circulation of local comics or "graphic novels"(in either [periodical or non-periodical] magazine or book format) exempt from the 12% E-VAT? The answer is a resounding YES. Are comics or "graphic novels" in either magazine [periodical or non-periodical] or book format, qualified then for the additional fiscal and non-fiscal incentives under the Omnibus Investments Code? Generally, the answer is in the NEGATIVE. This is so because as you read RA 8047, This particular benefit is reserved only for "educational" textbooks and "educational" and "periodical" comics, that is, a print publication that appears at regular intervals. In fact, Under Section 5 (v) of RA 8047, it is explicitly stated that the National Book Development Plan shall include: "provisions for producing books or other periodicals such as appropriate or selected comics as instructional or teaching material for such various categories of readers in the country as pre-school children and schoolchildren, school drop-outs, neo-literate, the handicapped, professionals, general readers and ethnic groups;"

So, if you put out an instructional and educational comic that appears at regular intervals, is less than 48 pages, is published in the Philippines and as publisher, you register it with the National Book Development Board, you not only get the E-VAT tax exemption, but also the fiscal and non-fiscal incentives under the amended Omnibus Investments Code.

The issue now however is, WHY limit the grant of these fiscal and non-fiscal incentives under the amended Omnibus Investments Code, only to instructional and educational comics that appear at regular intervals? Why not apply the same to non-instructional, entertainment-based comics that are either periodicals or non-periodicals? Doesn't purely entertainment-based and "Tagalog" language komiks help promote local culture and literacy, as well as generate employment? Why the seeming bias against "entertainment"? Is the law implying that there is no intellectual value whatsoever that could be gleaned from entertainment-based comics? If so, what are the reasons? The law does not say.

Local komiks history has shown that entertainment-based Tagalog komiks not only helped many Filipinos how to read at an early age, but through its visual appeal, help inculcate as well an appreciation for the illustrative arts. It also generated employment in allied industries of distribution, collection, paper, ink, printing press maintenance and others. The fiscal and non-fiscal incentives under the Omnibus Investments Code should apply as well to entertainment-based comics that are either periodicals or non-periodicals.

It is therefore, a more worthwhile and yes, REWARDING endeavor if there was some concerted, collective action for this amendment and modification of the Book Development Act of 1995, instead of wasting energy on a directionless controversy involving a B-movie director and has-been komiks "novelist" winning the 2009 National Artist Award, or a komikeros' misinformed advocacy for a government's grant of vague "tax incentives" to local comics publishers.

You want to help convince local and prospective print publishers to go into comics publishing? You want to help jumpstart a new local comics industry? You want to help promote local comics publishing as an untapped yet potential creative industry? Tell them about the 1995 Book Development Act and what you're doing to help improve its provisions.

Celebrating Saturnalia

Wow. Was that another Christmas day that had just gone by?

It used to be that you heard Christmas songs played almost everywhere, unconsciously humming the same tune over and over in your head as you went along doing your thing. And that’s in early October.

In the evenings, enterprising children would group together, ingeniously manufacture their makeshift musical instruments out of tin cans, cover the top with plastic, seal the edges with rubber band, look for a wooden stick, collect bottle caps stringing them together in a wire, then go on caroling from house to house—sometimes accompanied by their parents. What happened? Where are they? Nowadays, beggars have replaced the carolers.

Then there’s the “parol” or Christmas lanterns dexterously made out of art paper, sticks, cellophane and electric lights, either displayed proudly in front of every home or sold in every street corner. Or how about those vendor-hawkers who used to ply the middle of the street in droves selling the latest smuggled toy from China?

What about the usual tradition of neighbors and friends exchanging food viands then the next morning, returning the glass bowls, saucers, plates and Tupperware? And of course, those firecrackers that anxiously, if not prematurely, went off in early October? Nowadays they all go off in unison on December 31.

There are others but you get the idea. Austerity has certainly left its mark. It has made people stop and think. Take for instance Christmas day.

Before, it was widely thought that this was the birth date of Jesus Christ. No one knows when Christ was really born, yet December 25 has without question, been universally accepted as his date of birth. Nowadays, with the advent of various sources of free information, the internet among them, a growing number of spiritually enlightened people believe otherwise.

In ancient times, December 25 was actually an annual holiday of gift-giving and revelry held in honor of the Roman god, Saturn. It was only after Christianity became a religious-political force, and Emperor Constantine was forced to reconcile pagan, pantheist religion with Christianity, that it was decreed that Saturn be replaced by Jesus Christ as the new celebratory deity and December 25 as Jesus’ birth date; maintaining the tradition of public celebration, commercialism and gift-giving to appease the Roman pagans. This tradition was maintained through the centuries by Judeo-Christian institutions, particularly the Roman Catholic Church.

Of late, Bible scholars and astronomers have determined the birth date of Jesus Christ to have been somewhere between April 20 to 22; a good eight months prior to December 25. If this is the case, then why persist in doing something wrong and justify it as tradition?

And its not just Christmas day. Austerity has made us think, be aware and question what we have been doing; asking whether or not our premises, customs, traditions, and way of thinking have brought us into the present mess we’re in right now.

Relating that to the context of the subject matter at hand, many Filipino comics creatives right now have begun to be aware and question the present state of the Philippine comics scene. What has gone before, why it happened, what’s been done in its place by the new elitist, globalized “indie” custodians and backward thinking veteran traditionalists, why they’ve miserably failed for the last 15 years or so, why they’re still in a state of naïve, mass denial… it’s a guilty open secret. We don’t need to repeat THAT again. So in this season of hope and joy, is there any REAL reason to celebrate?

Awareness and destruction always precede change. The awareness phase is still ongoing. It is difficult and it musn’t let up if the kind of change some out there aspire to, is to arise. If you consider that as a sign of hope, then that is probably enough. Commence the rejoicing then. Celebrate Saturnalia if only for the briefest of moments and for the right reasons.

May God be with you.

A market for cheap, local newsprint comics outside NCR-Manila?

Though there has been a decline in book readership in 2007, again one should not rely solely and be misled by this single, general statement. If one cared to read and comprehend the details of the National Book Development Board 2007 survey, the following salient points would help us appreciate the existence of a potential market for local comics targeting the low-income 16 to 24 age group outside the National Capital Region (Manila):

1) “Book” in the 2007 NBDB survey, refers to two kinds: schoolbooks and non-schoolbooks (NSBs);

2) Though there has been an overall decrease of “book” readers, down 83% in 2007 from 90% in 2003, 96% of this 83% figure read more non-schoolbooks in 2007 when compared to only 76% in 2003. This means that more NSBs were read in 2007 than schoolbooks;

3) Overall, the percentage of NSB readers increased from 68% (76% of 90% book readers in 2003) to 80% (90% of 83% book readers in 2007).

4) The decrease in 2007 book readership is only confined to those living in the National Capital Region in Luzon where bookstores and libraries are concentrated. Provinces OUTSIDE the NCR, particularly in the rural areas of Visayas and Mindanao, experienced a DRAMATIC increase in readership.

5) Young people outside the NCR have begun to read NSBs at age 16 in 2007 and they come from the lower income class D and E. Those in the NCR and the upper income classes begin to read NSBs only at a much older age: 18.

6) Older people outside the 16 to 24 age group in all socio-economic classes, read less.

7) Top scorers in the popularity of NSBs are: Bible (67%) (38% in 2003), Romance (33%) (26%), Cooking (28%) (7%), Comic books (26%) (0%), and Religion/Religious/Inspirational (20%) (9%).

8) In 2003 when there was no significant readership for comic books, there is now a 26% readership. However, the survey observes that in 2007, public school students now read fewer books, newspapers, magazines, and comics than they did in 2003, and as for private school respondents, the slight increase in reading today is only among those reading comics.

9) As an aside, if you think those imported U.S. graphic novels and Japanese manga in book format were read by a wide readership in 2007, the NBDB survey says otherwise. To quote the report on the survey:

Whose books do Filipinos read?
In 2007, 46% of readers of non-school books read NSBs by Filipino authors only.
43% read NSBs by both Filipino authors and foreign authors.
9% read NSBs by foreign authors only.

10) Though there has been a rise of readership in the provinces outside the NCR mostly from young people aged 16 to 24 in the rural areas, there has been no change in the observation that Filipinos still prefer to get their printed reading matter for free as gifts (42%), borrowed from others (42%), read in the library (27%), bought (19%) and rented (18%).

This may be explained by the lack of access to reading materials in areas far from city centers.

The survey does not analyze the reasons why, but the research team offer some recommendations. “The challenge is for booksellers and publishers, printers and paper and ink manufacturers, to make more books affordable. The government can facilitate this, as well as the financing of technology upgrades to make operations more efficient and economical.”

It was also added that: “Authors are also challenged to write more books, not just to entertain, but also to inform, to teach the readers skills or to convey to them practical knowledge. Community libraries [should encourage] adults and out-of-school youth to like to read books; and educators, to teach students to read longer materials, such as books.”

Do today’s few local comics also inform, convey practical knowledge and inspire a reader to better oneself? Do they even appear frequently and are affordable to a great many low-income young readership so as to encourage the habit of reading good, literate comics at an early age? If the answer is in the negative, then a re-evaluation of priorities by comics creators and publishers living in Uranus is in order.

"Young People don't READ anymore" and other B.S.

The problem with a sweeping statement is that it’s a sweeping statement. It conveniently deals with careless generalizations that are not really true. The term “young people” for instance is general; broadly including all kinds of young people from age seven to twenty two, from any nationality, from any income class and from any period or generation. This is followed by the equally careless and general predicate: “don’t read anymore”.

Not reading anymore means a complete and total stoppage of abstracting and comprehending the meaning of words and symbols from any language, appearing on any text, chart, graph, flowchart, equation, formula, circuit, screen, computer monitor, book, pocketbook, newspaper, magazine and yes, even a printed comic book.

Putting them together and reviewing the whole poor excuse of an oxymoron: “YOUNG PEOPLE DON’T READ ANYMORE”, and another idiotic dictum has just been made--probably coming from some of those parochial, narrow-minded, unemancipated “young people” in the internet (or message board—take your pick). And its not surprising considering that a lot of these “young people” today don’t really READ anymore. Now THAT’s an oxymoron.

If any of it were indeed true, then millions of readers (young and old) of the “Da Vinci Code”, the Harry Potter books, Archie digests, various translations of the Bible (and Koran), English translated Shojo and Shonen manga, “Pera mo Palaguin Mo”, the entertainment gossip magazines, FHM magazine, discounted second-hand books and pocketbooks, Tagalog romance pocketbooks, “Bulgar” and other daily Tagalog newspaper tabloids, aren’t really reading at all(!)

The irony of it is that many globalized Filipino comics creators and publishers maintain this absurd dictum as gospel truth. Yet, while proclaiming that “young people don’t read anymore” they continue to publish or self-publish their expensive western or Japanese inspired comic books in low print runs, that appear irregularly and sold in a few imported comics specialty shops, bookstores, and other commercial urban establishments. Naturally, their works are not bought or read by a great many “young people” hence their claim that “young people don’t read anymore.”

Selling expensive, low print-run, glossy 32-paged superhero-action-fantasy comics in few comics/hobby specialty shops catering to the small "collector" market, is what is being done right now by mainstream American comics publishers. And what is the result? Sales and awareness by "young people" of the American comic book has gone down over the years forcing mainstream publishers like DC, Marvel and Dark Horse to use the internet in advertising their product; specifically by providing preview pages of their comics' latest issues in the internet, even providing for free, online reproductions of their past issues in an effort to stimulate sales and public awareness. Its the other way around. The internet did not bring comics down. U.S. comics did it to themselves when mainstream publishers like Marvel and DC ruined the fan-based direct market that saved them.

From: http://www.cnn.com/2007/SHOWBIZ/books/11/13/comics.online.ap/index.%20html:

"LOS ANGELES, California (AP) -- Marvel is putting some of its older comics online Tuesday, hoping to reintroduce young people to the X-Men and Fantastic Four by showcasing the original issues in which such characters appeared.

Marvel Comics, and other comic book companies, are putting their product online.

It's a tentative move onto the Internet: Comics can only be viewed in a Web browser, not downloaded, and new issues will only go online at least six months after they first appear in print.

Still, it represents perhaps the comics industry's most aggressive Web push yet. Even as their creations -- from Iron Man to Wonder Woman -- become increasingly visible in pop culture through new movies and video games, old-school comics publishers rely primarily on specialized, out-of-the-way comic shops for distribution of their bread-and-butter product.

"You don't have that spinner rack of comic books sitting in the local five-and-dime any more," said Dan Buckley, president of Marvel Publishing. "We don't have our product intersecting kids in their lifestyle space as much as we used to."

Translate "kids' lifestyle space" into plain English and you get "the Internet." Marvel's two most prominent competitors currently offer online teasers designed to drive the sales of comics or book collections.

Dark Horse Comics now puts its monthly anthologies "Dark Horse Presents" up for free viewing on its MySpace site. The images are vibrant and large.

DC Comics has also put issues up on MySpace, and recently launched the competition-based Zuda Comics, which encourages users to rank each other's work, as a way to tap into the expanding Web comic scene. Company president Paul Levitz said he expects to put more original comics online in coming years. (DC Comics is a unit of Time Warner, as is CNN.)

"We look at anything that connects comics to people," Levitz said. "The most interesting thing about the online world to me is the opportunity for new forms of creativity. ... It's a question of what forms of storytelling work for the Web?"

For its mature Vertigo imprint, DC offers weekly sneak peeks at the first five or six pages of upcoming issues. The publisher also gives out downloadable PDF files of the first issues in certain series, timed to publication of the series in book or graphic novel format.

The Web release of DC's "Y the Last Man" sent sales of that book collection soaring at Bridge City Comics in Portland, Oregon, the shop's owner Michael Ring said.

"They really do tend to be feeder systems," Ring said of online comics. "They give people that initial taste."

For Marvel, the general public has often already gotten its initial taste through movies like "Spider-Man" or the "Fantastic Four" franchises.

The publisher is hoping fans will be intrigued enough about the origins of those characters to shell out $9.99 a month, or $4.99 monthly with a year-long commitment. For that price, they'll be able to poke through, say, the first 100 issues of Stan Lee's 1963 creation "Amazing Spider-Man" at their leisure, along with more recent titles like "House of M" and "Young Avengers." Comics can be viewed in several different formats, including frame-by-frame navigation.

Ring expects Marvel's effort to put a slight dent in the back-issue segment of the comic shop industry, where rare, out-of-print titles sell for hundreds of dollars on eBay and at trade shows.

Though most comic fans are collectors, some simply want to catch up on the backstory of their favorite characters and would no longer have to pay top dollar to do so.

About 2,500 issues will be available at launch of Marvel Digital Comics, with 20 more being released each week."

The highlighted paragraphs above hint and show that even the few comics collectors serviced by comics specialty shops are inconvenienced by high cover prices. It also shows that increase in sales could be attained if the standard comics format were exposed more to the non-comic collector, or the public at large and had reasonably low, affordable prices. Had these expensive, low print-run, 32 glossy paged mainstream comics been re-formatted and sold beyond the now dwindling comics specialty shops in the U.S., the fate of the standard U.S. mainstream comic would have been different.

Here in the Philippines, the same procedure is BLINDLY being followed. It starts with a false, misleading statement: “Young people don’t read anymore.” Followed by even more absurd claims: “Filipinos are into the internet now. So why bother making affordable newsprint comics in Tagalog? Nobody will read them. Let’s just create these westernized or Japanized classy-looking comics for a local upper income and international “global” audience who will pay us foreign exchange and we’ll all be rich.” Since 1992, globalized Filipino comics have been doing this but until now, no new industry based on their ideas has yet prospered or blossomed.

To add insult to injury, they cover-up their failure by proclaiming: “we can’t ever revive or make a new comics industry in this third world country ever again.” They then deliver the final blow: “let’s just be content in self-publishing “whatever” it is we love with all our hearts and to hell with what the public thinks or wants.” With that, a new “hobby” and “artform” was created for the elite, rich, westernized few to “love” and enjoy.

How many imported comics specialty shops do we have right now in the country? Less than a handful and they’re all concentrated in imperial Metro Manila. The same with the few bookstores and specialty bookstores. Yet, this is how globalized Filipino comics are being distributed. Is it not any wonder then why comics right now are a marginalized medium, mocked by many and supported by only a few cult comics collectors and a sympathetic few members of the academe as an “artform” ?

“Young people don’t read anymore.”

Are these the kinds of comics creators we have now? Making careless, poorly thought-out broad statements? Are they easily intimidated when confronted by long readable text? Do they often read just two or three paragraphs? Is that their limit? Do they have short attention spans? Is their education half-baked? Can’t they talk or think in straight English or Filipino? Why “tag-lish”? Are their thought processes often disjointed and disorganized?

Why do they often get ahead of themselves by second guessing; creatively pulling thoughts out of thin air and making unfounded, general assumptions? Are they really simple-minded, emotionally volatile, over-courteous, folksy-friendly, gullible artists? If the answer is yes to all of the above, then its no wonder their comics works aren’t read and appreciated by a great many people.

How to make great, new Tagalog comics affordable to the general public of low-income Filipinos? Forget it. That’s old school. That kind of cheap, low-quality newsprint comics is too “alien” and should only be sold in the far-off planets of Mars or Jupiter. Ah, but Mars and Jupiter are not the issue here, are they? Rather, the conundrum facing us is why keep on making globalized Filipino comics for the limited, exclusive consumption of that self-indulgent, narcissistic world of URANUS?