Friday, February 19, 2016

on enrile and LGBT

Someone needs his jail time back.

It's not for me to lose patience over political issues. I can say that what with my limited patience have for our politicians, I still can spare deep sighs and heaving breaths to understand where they are coming from should they issue some statements which are highly controversial.

The whole Twitterdom exploded when Pacquiao made that scathing statement against the LGBT community. But really, it's not Pacquiao that I want to talk here, but the old man beside him. The old man who, for the amount of luck that he has for being a nonagenarian, now has the liberty to issue another pathetic statement if it were not for the Supreme Court to accord some due respect to him.

Sen. Johnny Enrile was quoted by Rappler as saying that members of the LGBT may go find "another planet" to live. If that suits him, fine, I think I'm better off to some Goldilocks planet. But what I find highly incredulous is his statement that Manny Pacquiao will win even if the entire LGBT will not vote for him. There may be truth in that, yes, but only "may."

True. It may be true that that the entire LGBT electorate is too insignificant a number for Pacquiao to prevent Pacquiao from snagging a senatorial seat. But what is good Enrile missing out on is that the LGBT is not the entire electorate. "Common sense" (pun intended) dictates that there is no gender requirement under Batas Pambasa Blg. 881 or the Omnibus Election Code for an individual to be a voter. Inasmuch as college degree and only an ability to read and write makes for a decent qualification for elective officials, the same vein that no gender requirement is imposed on a voter. In the same vein, no "specific-vote for clause" is in the Section 117 of the Election Code. Nary there is a statutory provision pointing for a voter to specifically vote for someone. It doesn't take a genius to know that we can vote for whoever we want and not vote for who we do not believe deserve our exercise of suffrage. It doesn't take a genius. That's "common sense" (again, pun intended).

Just plain logic. Any registered voter can or can not vote for any senatoriable, which means even a straight person can not vote for Pacquiao. This leads to a nothing but a mere exercise of syllogisms, permutations and premises that even your mother or father or grandfather or grandmother may not vote for Pacquiao. What loss Pacquiao may have with what the entire LGBT community not voting for him may suffer the same with straight people should they choose not to believe in Pacquiao.

What point that Enrile is sorely missing is that if straight people gets tired of all these crass and sick political circus vis-à-vis gender issues, any straight man or woman who are compassionate enough to align with the sentiments of the LGBT community on the most humanitarian basis of social justice will jeopardize Pacquiao's higher ascent to the Senate given that the LGBT are not the only electorate but also the straight community. Plain logic lang, hindi ba?

No provisions in law and in jurisprudence hinders a straight person from not voting a specific candidate. That is the very essence of right to suffrage and political exercise. It may be true that it is a fancy thought for the entire electorate to revolt against a candidate who does not support LGBT causes but the possibility is always there because it is not only members of the LGBT who vote but straight people too.

That's why reading the news piece, I really find it quite taxing, why Enrile, for all the mental tenacity that he has displayed both as a statesman and as a lawyer, have not thought of that. But the question is: should Pacquiao be really threatened by such possibility of straight people not voting for him? Two scenarios: the ideal and the real.

The ideal, he should be threatened. Because what with Pacquiao has done at the heels of his damning statement to put the fire out of the emotional wildfire already eating up people's chest, here comes Mang Johnny who is terribly worsening things. Instead of trying to help Pacquiao boost the Boxer's image as an apologetic athlete, here you have a senator, a former military official, an alleged crook and an extraordinaire macho philanderer taunting the populace that his bet can win the elections without the LGBT's help. And if get in the nerve of the straight people and incest them, they will only belatedly realize what bad mishap Enrile did for not shutting up when good opportunity calls for it.

The real, he shouldn't be threatened. Firstly, Because Manny Pacquiao has cemented himself as a national icon in this society too soft to be reminded of its transgressions against its people. After more controversial issues pick up the primetime news, everything will be forgotten and Manny Pacquiao will always be known as the boxer, not the senatorial candidate who issued a statement too unfitting for a legislator. Secondly, we have a culture of misguided electorate. We confuse national agenda with candidatorial prominence. We confuse legislative performance with regional biases. We confuse great mind with great names. We are a confused electorate--easily bought and easily swayed. (Trust me, I've seen worse during elections day because of my previous work.) And that confusion never allows us to hold on to whatever fear or anger that we have against an unfitting candidate. At the end of the day, when the Internet hubbub died down and the ebb of the political tsunami has receded back to the abyss of pardon and parole, we forget and default to being confused again.

This is why Enrile has had the opportunity to make his statement in the first place. Because we forgot the allegations surrounding him. We forgot about--at this point allow me to legally talk--the strict applications of the Revised Penal Code. The Supreme Court ruled that because of Johnny's old age, he should be given the chance to be excused from serving his temporary jail time while his plunder case is being heard. No intention to criticize the collective wisdom of the Supreme Court but the application of Article 13 (mitigating circumstances) in the bail petition is, in my humble submission, a stray application. In effect, we ushered into a novel jurisprudence and case law--a bad and dangerous precedent at that, and made the equal protection clause under the Constitution questionable? Is it only because of "humanitarian consideration" should Enrile be given the standing in law to not serve his detention when in fact, plunder is a non-bailable offense; and the Sandiganbayan dismissed the bail petition?

I still cannot understand why the majority reached that decision. Asked, I'd rather side with the minority. Anyway, it is already an operative fact that Enrile is out on a hefty bail and now challenging gay people to go find another planet. Tongue-in-cheek, why won't he go back to jail first, before I dispatch for another planet? Quid pro quo.

Sunday, February 7, 2016

compulsory testing?

What about compulsory HIV testing in extreme cases?

One kind soul approached me at my PlanetRomeo HIV account, let's call him F, and asked about the early symptoms of HIV onset. Since I am no doctor but a disciple of law, I could not be too exact as to what the "symptoms" are regarding HIV. HIV could be asymptomatic. But it could also show early signs when we are properly informed about HIV literature as applied to how raunchy we are in bed.

Fast forward, I told F that I had rashes back then in my chest area which actually were not itchy. He inquired if I have had fever. None, I said. The conversation went on and finally into its climax. F said that his late partner died, but up until now he and the people around him and his late partner cannot be fully sure if it were AIDS behind the late partner's passing because the significant other refused treatment. Even refused to take the HAT or the HIV Anti-bodies Test. The only speculation he had, and mine as well, was that it was AIDS as it already shown dire complications (as what F told me at least). I asked F if he tried talking down his partner to at least get an HAT; he did to no avail and no change of heart. One then can only speculate as much--even the doctors who I think at that moment had the hunch--because the patient waived his right to treatment. At that point and on hindsight, I saw how doctors could be bound by what is only permitted by the patient. A more existential question then: In cases like that, where do we draw the line for doctors to truly heal and to strictly adhere the decisions of their patients? I am in absolutely no position to answer.

Enter law. It is well-within the Philippine Patient's Bill of Right for a patient to refuse treatment, as can be gleamed in paragraph 5, "The patient has the right to refuse treatment/life-giving measures, to the extent permitted by law, and to be informed of the medical consequences of his action."

But, take heed readers of the one important passage: "to the extent permitted by law." That is an important statutory phrase in paragraph 5 because then we ask, which law permits refusal and which law overrides a patient's refusal to treatment? I think there is none yet to date because it would be highly controversial to think of the least if a doctor, who in his utmost good faith and impelled by the good intent of the law, to do what the patient otherwise permits.

Apply it to the scenario of F's partner, what if his doctors, with their healthy medical reasoning, conducted a HAT despite the stern refusal of the patient? Would that be allowed?

Be that as it may, weeks passed and F's story had me thinking, what if there is a law that actually does not permit refusal of patient as regards their care management when life and death is on the line? Are we to look at it on a moralistic viewpoint or on a legal philosophical view of crafting laws for people's sake? I bet it would be a tough consideration because moralists have been on the look out as regards our health laws in this country.

It fancy me to think about the unpopular opinion. Let's give compulsory testing a chance to save lives in dire cases of death. But right now, no law actually permits that unsavory opinion of mine. The rule under the Philippine HIV/AIDS Law (Republic Act 8504) is that it is prohibited to conduct compulsory testing. The last thing I've heard as regards development of RA 8504 is an amendatory bill filed by Rep. Teddy Baguilat of Ifugao province. As to the bill's content, I am not privy to it.

But again, take heed, because Sec. 2(b)(1) of RA 8504 admits of an exception to prohibition against compulsory testing, that is, unless otherwise provided in this Act.

Down in Section 17 of the Act, there are three instances where the Act may allow compulsory HIV testing: criminal charge of rape and injurious substance; relevant issues as regards the Family Code; and compliance as regards organ and blood donation.

The exceptions, in legal parlance, methinks, are not a closed-list exception, which means, instances to allow compulsory testing may still be added as lawmakers have the good faith to include those new instances as worthy exceptions, and, in my whimsical thoughts, in articulo mortis.

The way I see it, if our lawmakers only have the balls to consider--of course, always reaching out to public consultants and experts--the need to have a compulsory testing to determine if a patient's disease is caused by HIV, it will make care management more efficient. Of course, what is only made compulsory is the testing, not the treatment. If after testing and results showed that the patient is reactive to HIV anti-bodies, then this information may be used to properly inform the patient of his situation. Only then will the patient be allowed to choose whether to opt for treatment or not because with HIV now a reality after testing, doctors can now move to explain how HIV in these day and age can be manageable as diabetes or hypertension.

What is important, methinks, is that there is a testing done per se. This may give the patient a new perspective as to his survival if done with the guidance of doctors. Unlike if the testing--not the treatment--is made to depend on the decision of the patient, doctors have no slim chance to fight for the survival of the patient. Doctors are immediately bound to wait for the patients to die.

Surely, after testing, and reactivity, a patient can still choose whether to move on to the treatment. If he opts to, good. If he doesn't, the doctor has done his fair share.

If this is the way, we can save people such as F's partner. If we are to include in articulo mortis as an exception in RA 8504, we can save lives. And since the Patient's Bill of Right is a general law, and HIV Law is a special one, any first year law student will know that special law overrides a general law.

If this is a way to save lives and truly make doctors as lifesavers we can fancy the thought of how long the shot is and try to shorten it by making it a reality. This is where HIV/AIDS and law intersects. This is HIV policy-making and lawmaking. This is where the law can actually respond to a medical phenomenon.

So I ask, how about compulsory testing urgente mortis periculo, any takers?

Friday, January 15, 2016

i'm on Twitter

Yes, I am still alive and kicking. But this blog has been seeing a dearth of content, not because overcoming HIV meant the end of milking the Muse of Tragedy. The hectic schedule of graduate studies just do not permit that extra time.

I'm on Twitter: @hivlawstude

I cannot promise a more vibrant online presence there but yeah, if you have queries, maybe we can hear it out there. Salut!

Sunday, November 2, 2014

dreaming a dream

Part and parcel of the silence here in my blog is due to professional studies. The last five months was spent memorizing provisions, reading Supreme Court cases and consistently asking myself whether what I opted in my life was the best decision of all. After rebounding from HIV depression, I knew that everything was back to normal; and the dreams are back afire.

My truer friends who know my condition were more concerned than I am after I told them that I would proceed to law school: "Isn't it bad for you to be stressed out given your condition?" I actually pondered about it but would I want HIV to punctuate my ambitions in life? I guess then when it comes to amoral choices, we shoot in the dark. So shoot I did.

The two weeks that passed was spent unwinding. It is the semestral break, although since Monday, I started prepping for second semester. The sheer rote learning employed in law school is so burdening and mentally taxing, notwithstanding that humiliation is a tool of instruction, that sometimes the destination is too far from where I am that it bogs me down. Don't get me wrong. With a costly tuition and a costlier-than-the-usual set of books, the destination will always be relative to the journey.

In short, I feel like giving up. I feel like there is always an easier way out. That I could just sedate my ambitions. I hope I don't cross anyone. For someone with HIV, there is always that gray area in my brain where I keep on telling myself that I have to compete with my May 2, 2011, the date of my diagnosis. I don't have to prove things to anyone, but I am mandated to beat the hell out of my having HIV to prove that I can do things. Then again, when the going gets tough, the tough quibble at times.

But somewhere in the vast uncharted corners of the universe comes wonder. I get to receive emails from people regarding their conditions. And all of them are about employment issues. Truth be told, I cannot answer them with precision everytime. But for these generous email senders who placed their trust on me, I could not thank you enough for making me realize why I want to be a lawyer in the first place.

At the time when I was about to take the law school application test, there was a question that asked the applicants what kind of legal field do we want to specialize on. I ticked, "Labor Law." I dunno why that choice given that Criminal Law and sending people to rot in jail appealed to me back then more than anything. But I also already thought too that as the number of PLHIVs increases, PLHIVs will encounter work-related issues, whether unjust termination in work, insurance coverage, immigration issues, mandatory testing, etc. I could just ask you to watch Tom Hank's Academy Award-winning performance in the 1993 film Philadelphia to get my point.

A while ago, under the spirit of unfettered brazenness and grandiosity, I scoured the Internet to know which American schools offer a Health Law track in their Master of Law degree. There are Georgetown and UPenn that licked my interest.

The Philippines could do so much better if we have a bevy of lawyers adept with health and HIV laws that could tie them with labor, immigration, insurance or even adoption and family issues, on top of human rights, among others. Imagine a free legal assistance group for PLHIVs and whose lawyers are not just gays but who are PLHIVs too, a circumstance that will not hinder people seeking help to pour out their concerns; won't the country be a better place? Ah, the beauty of dreams!

Then again, tomorrow will be the start of the next semester and for now I still have years to burn. Since 2011, what I have proved is that it is us who kill our dreams or let our wounds remain unhealed in open air. We, not HIV.

Saturday, October 18, 2014

overcoming HIV depression

A Sober's Guide to Overcoming HIV Depression

Foreword: No proven effect but it's worth the try. Last time I was in PGH, there's a form asked for me to be filled out. It's a correlation between depression and HIV. And if results show that I am depressed, the kind student said that I could be referred to a psychiatrist for proper consultation and guidance. So I answer the test and voila, not depressed. Below are the things that I thought would be nice to share for those newly-diagnosed PLHIVs. These are exclusively from my experience so I am sure some things won't apply to you. But you consider, maybe it's bound to help one way or another.


1. If you suspect that you are at risk of contracting HIV, get yourself tested. Running away from HIV test--and in the long run from your status--won't make you feel any better. If it gets down to it, not taking a test in spite of perceived risk on your part will only make matters worse. You will feel good by not knowing your status (out of fear) only for a moment, but when the systemic symptoms are already showing, it's gonna be tough.

2. Get help. I will have a solid stand on this: Family-first policy. I know that we have different domestic setup and that some HIV positive gay men are still in the closet but if you can, get help from your family. If you think your family just won't understand you, reach out to your close friends. To whom you will get help and support is a judgment call.

3. Do not seclude yourself. It's not entirely about having HIV. It's about knowing you have HIV. And when you know you have the virus, it sets a trainwreck of depressive thoughts in your head. The more you seclude yourself, the more the devil is playing with your idle mind. Go out there and find distraction.

4. Pay your Philhealth account. Every HIV positive here in the Philippines knows how important Philhealth remittance is. If you're voluntarily paying for your contributions, better. Because at least you are keeping tab of it. If your employer are always late in remitting your contributions, make sure that your local treatment hub knows about it so you can prove that you are not remiss with your obligations, but your employer is. This is to let them know that the remittance of your premium contribution is not within your hands anymore.

5. Share your experience. It need not have to be with a company. Much better if you can volunteer, but if you don't, keep a blog, a social media account or an open line for pieces of advice. For all we know, a newly-diagnosed HIV patient who is depressed and lost may be out there. Keeping a journal of your transformation and coping mechanism will help them. Do it for them.

6. Pray. In deference to apatheists, this one is entirely personal and subjective. Then again, go there and renew your sense of faith. The bitter part of acquiring HIV, especially in the Philippine context where male-to-male sex is the most viable transmission, is that it seems to be looked upon as a maleficent karma on our promiscuity or lack of sexual restraint. Renewing your faith, as I can attest, will dampen the stigma associated with the condition. In times of moral danger, sometimes the best hope is to cling to the Man Upstairs. If you know deep inside you're sorry and willing to change, no amount of stinging remark will ever get you.

7. Drink your ARVs as soon as possible. When I was diagnosed back in 2011 my CD4 count was well above the 200-mark. My doctor gave me an option, which means that I can defer drinking my ARVs. But I asked for her honest-to-goodness opinion and she recommended to discount the figure and push on with the ARVs. I did. Now, I am back within the healthy range.

8. Be fit in all sense and aspect of your life: physically, emotionally, mentally, spiritually. Go hit the gym. Help other people. Do away with stressors. Hush a prayer. Sleep long. It's not necessary for you to go on a Juju cleanse or a six-pack abs. Just make sure that in common human experience, you are functioning well. Don't just settle with "Yes, I'm okay." Make it, "I feel damn alive."

9. Instead of asking why, ask how. Finding out you have HIV won't turn the movement of tides. It's already there. As defeating as it sounds, asking why won't do anything good. Why prompts us to look for answer. Sure we can ask that but it is dangerous to be fixated to looking for answers that won't come a day after, a week, a month or years. Our having HIV will make sense when we have already change our inner core. How do we change our inner core? How do we stop from poisoning our thoughts with hopelessness? Simple, ask How? How can I move on? How can I move past the situation? By asking how, we look for solutions more proximate than the answers that would fill our whys. How elicits action. Why hopes for a distant answer. Action to how is more at our disposal than answers to why. At a time when we are at the most vulnerable, ask yourself, "How can I rise up from here?"

10. Forgive yourself. You have a special circumstance as to why you contracted the disease. Maybe you've had unprotected sex. Maybe due to syringe sharing. And all sorts of reasons attendant to it as well: apathy to condom use, lack of knowledge about HIV, misinformation about transmission, or simple carelessness. Whatever those are, it's good for you to look back and admit it to yourself that you erred, that you've had a lapse of judgment, and you know you could have done better. You can only do so much running away from your mistakes. Time will come, it will catch up on you. It will be better if once in a while, you admit that you made a mistake. Forgive yourself first because in so doing, you befriend your past. Your mistakes will not haunt but actually will guide you in arriving at a wiser and more mature decision when the situation presents itself again: "I will use condom always. I'll be very picky with my sexual encounters, if not keep my sexual encounters to a low. I will make a conscious effort by not infecting others." When you forgive yourself, you're bound to be kinder and more gentler with other people. And it will make you want to preserve those who are not yet infected. Forgive yourself, because it's the only way to carry the burden of your past and make them light.

They say that the toughest battle belong to the strongest soldier. If any, we should look at HIV as a chance to pull ourselves together and redefine our lives. HIV is human immunodeficiency syndrome. Right. But I'd rather make a more positive note out of it. HIV: Here Is Victory.

Thursday, June 5, 2014

giving back

A life-changing event will happen this June and it will necessitate me from sinking into the depths of oblivion. In this vein, I could not promise to at least monthly update this blog (though I do hope I still can). I have had been once out of the radar here, so repeating it would be easy.

Then again, to those people who are losing hope, especially the newly-diagnosed who stumbled upon this blog, or anyone wanting to have a sort of lifehack on how to go about with this condition, I am opening up my email to take the stead of my would-be moribund blog life. Right there beneath Dr. Freud's quote is everything you need to know.

I hope in the littlest of my way, I can share what I have experienced and am still going through in this second lease of life, a phase that started three years ago. I cannot personally volunteer for and involve myself in a support group because I am menacingly shy in person. So, I will allow you to drop a message and hopefully I can respond within arm's reach.

And if I can give one really, really important advice to the non-positive and still healthy individuals out there, especially to Filipino gay men: Please, if you can't discipline yourself--where I have failed in-- don't be sexually involved with just about any other guy in Planet Romeo or just about any other gay dating sites. This isn't a smear campaign against the website, because, agree or not, this blog won't change anything in there.

I know that there is Abraham Maslow to defend your need for sex, but rusty as the adage is, the person who so deserves your naked body should see first the nudity of your soul. Stay away if your dickhead and your brain are switching places, with the former lording over your entirety.

No matter how unpopular my decision, I will tooth and nail recommended against social networking sites because despite the Department of Health being one-too-careful in admitting that these seedy sites is "just one" of the vectors of increasing HIV numbers, I could say that it is the biggest factor why men are having the opportunity to have sex with men. I could just look back to some three years ago, my stupidity coupled with raging hormones, and my gay, reckless and wanton need for carnal desire to defend my case.

Beyoncé may have dodged the bullet better than I did, but it is in this picking up of a fractured soul and the healing of wound I can certainly give back.

Friday, May 23, 2014

hospital buddy

The homily of the priest reminded me of the boyfriend.

It's been more than half a year since H.S. and I got together. I've known him from three years back since the day I admitted to him that I like him (What gall have I, no? Lol.) and I never thought that the second time is sweeter.

He knows I am HIV positive. I disclosed my status. He needed no less than transparency and I owe him full disclosure of the events past. He accepted me and my 206-pound baggage, and until now I never thought that someone so amazing like him could see past through me and share this magnetic relationship so resplendent and beauteous.

I usually don't write about my happiness (hence the long hiatus) because you know how sometimes diabolical and diabetical love could be and I want to spare you from all that. But I come to write about it now because there's this one "mysterious" thoughtfulness that he always do to me.

I've been in and out of PGH-Sagip for the last I'm-too-lazy-to-count years to the point that I have already had three medical fellows graduated and a bunch of nurses known. Short to speak, I can go to Sagip alone because it has become a routine. Even if that means only getting my refills, updating Philhealth documents, which takes no longer than 20 minutes. I can even manage a routine check-up on my own.

That changed since we became a couple. He would always make it a point that he will join me in Sagip regardless of my agenda and regardless of how much time we will spend there.

So it came that the former solo wait became a pair. Though we would talk under whispers or him going over his phone and I with my book while waiting, the scene has changed: I am not alone anymore.

For the many times he was with me in PGH, he could have just stayed at home, gone home to rest after a day's work or minded his own affairs, but the pigheaded in him wants to join me in PGH.

"I want to be always there because the hospital is a scary place and I don't want you to be alone." That he would always tell me whenever I'd ask him why the needed company.

Believe me, it is heartwarming, but I too would not want to be the demanding partner. H knows that I will understand him and find it okay if he will just stay at home.

I left his answer like that for the longest time until a while ago. Thursday. The novena of St. Jude was on and the priest gave a moving homily.

Linguistically-speaking, the priest tells that the Pangasinenses (the priest being one) say "help" as a noun just like the Tagalogs do, which is "tulong." But the verb form is different. Pardon me but I forgot the exact word. I think it's imaanan ta ka or imanaan ta ka? I cannot recall anymore.

The point being is, the dialect provides a more fraternal meaning in the verb "to help" to the Pangasinenses. He said that in their dialect, the verb "to help" also means "to accompany." So if one would say "I will help you," it's pretty much like saying that "I will accompany you." Hence, the dialect reflects that to help (tulungan) means to accompany (samahan) the one who needed help.

The homily reminded me of the boyfriend and his vague (at least for me) answer to my question. I never knew that the answer lies in a different tongue. That he is helping and accompanying me at the same time.

I left the the district of San Miguel, Manila in a reflective state, smiling bashfully knowing that my question has been answered twice: by the boyfriend and by the heavens. And in that drop of a subtle answer from the heavens, my case is closed. The hospital buddy is here to stay for too long a time.