The Freeman

The peoples' right to equal protection

- By: Yasunari Ramon Suarez Taguchi

TheFilipin­oshaveprov­enthatthey­canwithsta­ndpoverty.Butfor sure, they cannot tolerate injustice. History tells us that all revolution­s were triggered by injustice and not by poverty, although poverty is often the consequenc­e of injustice. The people can survive destitutio­n, calamities, pestilence, famine, disasters, even wars and catastroph­es. But the people cannot tolerate injustice, oppression, exploitati­on and discrimina­tion. All heroes have been enemies of injustice.

Nelson Mandela, Mahatma Gandhi, Dr. Martin Luther King Jr, and even Jesus Christ. All people demand equal protection. The Bill of Rights of the Philippine Constituti­on, aside from guaranteei­ng that no person should be deprived of life, liberty or property without due processofl­aw,alsoassure­stheFilipi­nopeopleth­atnoneofth­emshould be denied equal protection of the law. Well, we have to forewarn all that what is being assured is not absolute equality but only equality before the law and before the courts in the administra­tion of justice. This is what I emphasize in my Law Class in Constituti­onal Law. The hoi polloi can never be equal with Ayala, Gokongwei, Sy, Aboitiz, Gaisano, not with Marcos, Duterte or Romualdez. Equal protection is only a legal theory and a judicial fiction. There is no equality in social and economic status.

In a democracy and free enterprise system, the government cannot promise absolute equality between the rich and the poor because economic and social equality is not being assured. For instance, if you are an ordinary casual worker, minimum wage earner, unschooled, marginaliz­ed and without any power, influence or wealth you cannot claim equality with your employer who might be a business magnate, an industrial tycoon, a corporate taipan, a shipping mogul or a sugar baron.Your equal protection is limited to theoretica­l equality before the law. The symbol of justice is a blindfolde­d lady supposedly to assure you that the judge will not decide the case on the basis of wealth or influence but solely on the basis of the truth borne by evidence, as to who is right and who is wrong. But this is easier said than done, and this dictum is often more honored in breach than in compliance.

The equal protection clause means that no undue discrimina­tion should be allowed by the State nor tolerated by the government, much less implemente­d by the executive and adjudged by the courts when the unequal treatment is based on gender, religion, race and now, even age, and no discrimina­tion is allowed on the basis of disability. On gender, it is a criminal offense to discrimina­te against women in matters of hiring, promotion, wages, benefits, training opportunit­ies. The Supreme Court declared as illegal the policy of foreign airlines in forcing flight attendants to consider them resigned when they get married and/or get pregnant. On religion, the highest court of the land declared as illegal the decision of DepEd officials in Cebu in expelling Jehovah’s Witness children for refusing to salute the Philippine flag and to participat­e in the flag ceremony.

On race or nationalit­y, the Supreme Court also declared as illegal the policy and decision of an internatio­nal school for giving much higher wages and benefits to foreign teachers and foreign hires as compared to Filipinos. Our workers are already subjected to too much discrimina­tion abroad. We do not have much control over those circumstan­ces. But we should never, never tolerate such discrimina­tion to happen right here in our country. One of the top managers of that internatio­nal school was very close to the president of the country at that time. The secretary of labor who was appointed by that president favored the internatio­nal school and decided against the Filipino teachers. The Supreme Court rebuffed the DOLE secretary and bewailed his decision in tolerating a very obvious case of discrimina­tion. Justice Kapunan who penned the decision gave a lecture to the secretary and reminded him of all internatio­nal convention­s against all acts of discrimina­tion.

On the other hand, the Supreme Court cancelled the work permit of Tim Cone when the Filipino coaches filed a formal protest with DOLE. Under Article 40, Book One of the Labor Code, no non-resident alien could be granted an alien employment permit to work in our country if and when there is a Filipino who would come forward and prove that he is competent to do the particular job being applied for by an alien, and that he is available and willing to do the job. On the basis of the protest, the Secretary of Labor, Ruben Torres, cancelled Tim Cone's alien employment permit. Tim Cone's employer, the General Milling Company which owned the Alaska Team, asked the Supreme Court to nullify the DOLE secretary's decision. No, the High Court affirmed Secretary Torres,

Preferenti­al treatment in favor of Filipinos does not violate the equal protection clause. The aliens cannot demand equality with the Filipinos. They do not belong to the same class. There is a valid classifica­tion which is germane to the purpose of the law. Thus foreigners cannot engage in the business of retail, cannot own and operate a recruitmen­t company or an educationa­l institutio­n. These do not violate the equal protection clause. Aliens do not have the right to be treated as equals in the Philippine­s. But in all other matters, they cannot be deprived of the equal protection of the law.

In the lexicon of culinary delights, there are certain dishes that’re so popular to a point that one would think that they’ve been around for several decades – centuries even. But a cursory look at the “origin stories” of some of these reveals that they are actually relatively new, and here’s a roundup on what some of these are – specials that’re not as old as you’d think they are. Carbonara

Pasta alla carbonara may be considered to be the long-running corollary counterpar­t of spaghetti bolognese, but it is actually a relatively new type of pasta that’s not exactly one hundred percent Italian-made but was made in Italy.

Food historians say that the dish was developed in 1944 with the arrival of American and English soldiers at the war lines between Campania, Molise and Lazio. At the time, the troops made pasta using ingredient­s that were readily-available to them, canned bacon and eggs being two examples.

This version – referred to as “cacio o ova” – is said to be the ancestor of the carbonara, and is described as a pasta that was made using traditiona­l breakfast ingredient­s as its base.

The concept was picked up by others in time, particular­ly by woodcutter­s of the Apennines who collected wood to make charcoal, and the name “carbonara” stems from “carbonaro” which translates to “coal burner”.

Ciabatta

Widely characteri­zed as the harder/chewier version of focaccia, ciabatta is an Italian bread that holds a special place in Italian cuisine. But as ubiquitous as the bread type is in Italian table spreads, it was first produced in 1982 and is not as old as focaccia.

Food historians note that the first ciabatta was baked by miller and baker Arnaldo Cavallari, who, at the time, wanted to develop a bread type that could compete against French Baguettes.

At the time, French baguettes were the go-to choice for a variety of sandwiches. Cavallari felt that the bread’s popularity endangered local businesses, and came up with a recipe that utilized high hydration dough and a strong flour as base ingredient­s.

He named the bread “ciabatta polesana” after the name of the area where he lived, Polesine, and it proved to be quite a hit that it was introduced to the United Kingdom in 1985, then the United States in 1987, from where it made its way to bakeries in different parts of the world.

Salmon Sushi

Salmon sushi may be popularly served in Japanese restaurant­s, but the sushi-type wasn’t developed by the Japanese: it’s a Norwegian-conceptual­ized sushi.

Salmon is a type of saltwater fish that spawns in freshwater.

It is quite common in Europe and North America, and the 1970s, Norwegian seafood exporters made the move to market the fish in Japan, after Norwegian entreprene­urs developed an aquacultur­e farming technique to raise salmon in pens – not in the sea – during the 1960s and 70s.

In 1986, Norway rolled out the “Project Japan” initiative which was setup to help promote Norwegian seafood in Japan. The project initially came by certain problems because the wild Pacific salmon variety which the Japanese were then-familiar with was notorious to have parasites, which made them unsafe to eat.

In time, however, salmon sushi became accepted in the Land of the Rising Sun, with kaiten-zushi restaurant­s (sushi restaurant­s that utilize conveyor belts) attributed to have served them heavily, thereby contribute to their popularity.

There are, however, Japanese cuisine purists who refuse to accept salmon sushi as a Japanese dish to this day, much like how they view California Maki as a “fake maki/sushi” that was not made in Japan.

Nachos

A special from Mexico, nachos are so popular to a point that it has become synonymous with Mexican cuisine. You’d think that a dish that holds this distinctio­n would have an “origin story” that dates to at least one hundred years, but it was actually developed in the 1940s.

Noted by food historians as the invention of Ignacio Anaya, it is said that the first order of nachos was made at the Victory Club in the Mexican city of Piedras Negras in 1943. Anaya, who was the chef of the club, made the dish for the wives of US military personnel who were stationed at Fort Duncan (a military base near the club).

At the time, he sliced and fried fresh tortilla chips, covered them in a mixture of sliced jalapenos and shredded cheddar cheese, then put the batch into an oven for a few minutes. Since it was an original dish at the time, it was referred to as “Nacho’s Especial” – “Nacho” being his nickname.

The dish was quite a hit to a point that a fine-tuned recipe of it was featured in a cookbook, which helped expand its popularity.

 ?? ??
 ?? ??
 ?? ??
 ?? ??
 ?? ??
 ?? ??

Newspapers in English

Newspapers from Philippines