Thursday, April 19, 2012


ON HOPING AND EXPECTING

by: Atty. Mark Gil J. Ramolete, MA Philos


          Speaking from my own vantage point who tried to expect that much, i think that one can stop from expecting just by simply trying to live the moment___to live with the now___to be rooted with the here and now. All expectations are born out of what we desire to have in the future, including our hopes as well. I am not completely against having certain expectations in life; however, our expectations should and must still keep us in touch with the here and now____with the present moment so that we will not end up practically frustrated and disappointed. Just like in my case, i tried to expect that much about the future only to end up crashing and modifying those plans i had. But i said this to myself that what happened way back then was all part of the process of my journey...of my becoming as a unique individual, and that i should be forward looking and not to dwell and to be consumed too much by the past...that i have to move on but must not forget how i was casually influenced by the past to be guided accordingly in the future.

   To proceed further, when it comes to expecting and hoping, both are after something to occur in the future.

    To differentiate the two, i’ll try again to speak from the vantage point of an actor and not simply that of a spectator. With the act of expecting, the expecting person has actually conditioned the mind about that something that s(he) desires to have in the future is most likely to occur or to happen.


    On the other hand, with the act of hoping, the hoping person has not actually conditoned the mind about that something that s(he) desires to have in the future is most likely to occur or to happen. Conditiong the mind, in order for the self to believe, that what s(he) desires to have in the future is most likely to occur or to happen could lead to a more intense feeling of pain, frustration and disappointment. This is not the state of affair to be experienced by someone who simply hopes. 

   The hoping person simply lives the moment as if that which s(he) desires in the future to occur or to happen may or may not materialize. On the other hand, the expecting person is trying to live the moment with too much attachment for the future by thinking that what he/she desires in the future should and must going to occur or to happen.

    This time let us go to the degree of pain that may be experienced. The pain to be experienced by the expecting person is greater in weight and intensity for having a conditoned mind, that is, believing that what he/she desires must and should happen. On the other hand, the pain to be experienced by the hoping person is lesser in weight and intensity for not having conditioned the mind, that is, not believing that what he/she desires must and should happen____that what he/she desires in the future simply may or may not going to materialize.


   Hence, simply try to live the moment___to live with the now___to be rooted with the here and now...hope but not expect....the next time  for example that you offer the self as a valuable gift to the other in the loving encounter, just hope that the gift of self be reciprocated. Remember that in every gift giving, we should not be expecting that we also get a gift in return...it may or may not materialize. This is now what we call the risk in the loving encounter, the other with (he)r own subjectivity as a being capable of coming up with meanings may accept or reject the offer of love. Now if you are ready to love, then you must also be ready to be possibly hurt.

Sunday, April 15, 2012


THE FACES OF THE LAW IN PHILIPPINE CONTEXT: A THIRD-WAVE FEMINIST PERSPECTIVE
by: Atty. Mark Gil J. Ramolete, MA Philos

We do not only need love and sex for the continuous existence of our species. We also need laws to regulate our behaviors. We need laws to govern our actions.   We need laws to show us the way towards what we ought to do and what we should not do. Laws can be considered as atolls or islets of empowerment. Laws are abodes for rejuvenation, revitalization and valorization.  Laws can be considered as places of refuge whereby we seek shelter against the encroachment and intrusion of our basic rights, such as the right to life, liberty and property, as individuals in a given community.  As provided for under our 1987 Philippine Constitution, “no person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws.”[1]  Thus, the State, as an artificial person or the “Leviathan,” cannot force us to marry someone, to court someone or to love someone because any act that will be done by the state to the contrary will be considered unconstitutional. Any act of the State to the contrary will be rendered unconstitutional on the ground that the act will constitute an infraction of our right to liberty or even to our right to life and property. Ti padas ken ayat ket saan to pulos nga agbalin a nasamit ken nangayed no iti Estado ket usaren na iti bileg na tapno datayo ket agkurno no siasino ti rumbeng nga intay ayaten. Ti ayat ket agbalin to laeng nga naalsem ket napait nga padas.  However, the State is enjoining us to make reasonable decisions when it comes to marriage. Under the Family Code of the Philippines which took effect August 3, 1988: 
 Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.  It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the Civil Code.[2]

While the State is not directly commanding us who are we going to marry, it is admonishing us that we can only marry another person of the opposite sex; otherwise, any marriage that is contracted to the contrary will be considered null and void or not legally binding by reason of public policy and public morals.   No one should force us to marry someone or to court someone nor to force someone to love us; otherwise, any actions done to the contrary would constitute a ground for the violation our right to liberty.  We are free to love the person we want to love but not completely and absolutely free in marrying the person we love.   
Furthermore, the Family Code provides that “the marriage may be annulled on the ground that during the marriage the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased such party thereafter freely cohabited with the other as husband and wife.”[3]  With this contention now of the law, if a person marry another person of the opposite sex with a vitiated consent, then the marriage may be annulled within five years from the time the force, intimidation or undue influence disappeared or ceased.   Marrying someone now with a vitiated consent can be seen as a ground where our right to liberty is violated. It must be noted again that as I have argued previously, no napilpilit ti panagluom ken pannakapuros ni ayat, dakkel iti posibilidad na nga ti agbalin to a padas ken ayat ket maysay a padas a nasaem, naladingit, naulpit, napait  ken naalsem. Furthermore, the Family Code provides that “the marriage may also be annulled when either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable and/or when either party conceals a sexually-transmissible disease, regardless of its nature, existing at the time of the marriage.”[4] This contention now of the law seeks to protect either spouse whereby their rights to life could be violated since STDs, regardless of their nature, pose health risks and to the extreme can cause even death.
Without the presence of laws in a given society, some persons might just succumb or yield to brute forces outside or within themselves leading to chaos or disharmonious living in a given society. Sometimes reason alone cannot help in times of desperate need, as can be seen on what happened on February 4, 2006. A stampede occurred within the premises of Ultra at the City of Pasig, resulting to the death of more than 70 plus individuals and to slight or to grave physical injuries suffered by more than 300 plus individuals. The tragic situation that happened that day was eventually contained when the appropriate laws were enforced by concerned authorities. We need laws not only to regulate our conducts as individuals in a given society and to shelter us from possible abuses that can be made not only by natural persons but also juridical persons, such as for example a private individual or the state respectively, but we also need laws to shelter us and to empower us to promote meaningful relationships, co-existence and inter-subjectivity in our mode of togetherness as beings who are presencing in the world with the others.  Under the Civil Code of the Philippines, it provides that “every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.”[5]   This specific provision of law simply establishes general principles to be followed in terms of promoting meaningful co-existence and inter-subjective human relations; thus, giving stress on the need for every individual in this country to act with justice, to give everyone his/her due and to observe honesty and good faith. In consonance with the previously cited provision in the Civil Code, another provision provided for in the Code provides that “every person who contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.”[6] What happens then when on the occasion of a date with someone, that person has used its dominating power to overcome and to bombard you as an unwilling individual. As person doomed to freedom, meaning and choice who has suffered from “date rape,” you could institute a criminal case for the punishment or correction of the offender. From the criminal case, the civil liability of the offender will arise for the reparation of the damages suffered by you as the aggrieved party.  Be it noted that the “criminal liability and civil liability are separate and distinct from each other;  the criminal aspect affects the social order while the civil aspect affects private rights.”[7]   Furthermore, another provision provided for in the Code enunciates that “any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.”[8]   Applying now this provision of law to an action based on a breach or betrayal of promise to marry where there has been a sexual intercourse involved, the aggrieved party may avail of the following: (1) the aggrieved party may ask the other to recognize the child, should there be one, and give support to the child[9], (2) the aggrieved party may sue for moral damages, provided that there exist a criminal or moral seduction; nonetheless, the aggrieved party cannot claim for moral damages if the sexual intercourse that took place came as a result of mutual lust,[10] (3) the aggrieved party who incurred expenses for the wedding preparations can sue for actual damages.[11] In case that no sexual intercourse was involved vis-à-vis to the betrayal of promise to marry, (1) the aggrieved party could sue for actual damages provided that only provided that there has been expenses incurred for the wedding preparation; otherwise, any claim for the recovery of actual damages cannot prosper as a case in court;[12] (2) the aggrieved party  may also sue for actual and moral damages provided that only provided that the other party deliberately fails to appear at the altar during the scheduled wedding simply because it was the latter’s intention to humiliate or embarrass the former, causing hurt feelings, sleepless nights, besmirched reputation and possible social ostracism.[13] Be it noted that breach of promise to marry per se is not actionable or not recognizable in courts.  Breach of promise is only actionable in cases where the aggrieved party incurred actual expenses for the wedding or when the promise to marry has served as the triggering mechanism or cause in order for sexual intercourse to materialize as an effect.
     Laws indeed can be considered as atolls or islets of empowerment. As I have argued previously in the opening remark of our discussion, we do not only need love and sex for the continuous existence of our species, we also need laws in order to promote and ensure the actualization of meaningful relationships in our mode of togetherness as subjects. But how do laws come into being to secure their much needed presence in our mode of togetherness as subjects? Before laws are promulgated and eventually be enforced by a legitimate or a sovereign power, laws should be given the necessary form by language.  When we speak of language we refer to anything that can be spoken, conceived and understood. In as much as love is embodied in the person of the lover or the beloved while the meanings that the lover or beloved wants to convey can be expressed through the embodiment of language, laws are also embodied through language.  The lifeblood of laws is not only generated by a legitimate or a sovereign power promulgating or enforcing the laws, but also through the embodiment of language. Laws can guide our actions and regulate our conducts to promote meaningful relationships because laws have the potential to effectuate their binding powers through language. As pointed out by Thomas Aquinas in the Summa Theologica, “law is a rule and measure of acts whereby man is induced to act or is restrained from acting; for lex (law) is derived from ligare (to bind), because it binds one to act.”[14]   But is it possible for language and as a consequence for laws to valorize only the masculine while the feminine is not being valorized in certain areas of human relationships?   The answer is an astounding YES. Adapting the feminist view of Luce Irigaray in the je, tu, nous, she points:
Because the power of semen is not immediately obvious in procreation, it’s relayed by the linguistic code, logos.   This wants to become the all-embracing truth.   Men’s appropriation of the linguistic code attempts to do at least three things: (1) prove they are fathers; (2) prove they are more powerful than mother-women; (3) prove they are capable of engendering the cultural domain as they have been engendered in the natural domain of the ovum, the womb, the body of a woman.[15]

In our cultures, we consider our fathers as the “haligi ng tahanan” while our mothers are considered as the “ilaw ng tahanan.”  In this kind of hermeneutical twist, our cultures have given more preference and inclination to the masculine or the male subject in terms of the constitution of certain meanings vis-à-vis to certain modes of human relationships; thus, leading to the marginalization not only of the female subjects but also some male subjects. Usually on the occasion of a date, customs dictate that it should be the guy who should treat and pay for the bills because as a future “haligi ng tahanan,” he should be a good provider not only for his wife but to his children as well.   Some female subjects would even prefer to have boyfriends that are sporting a particular brand of car or a motor bike. As beings thrown into the world through the romantic relationships involved between our parents, we were given names for social and at the same time for legal recognition from others.  Examining carefully how our names are arranged, we can see that our mothers’ surnames are pitifully and obscurely placed in a non-strategic location between our first name and our surname that is under the paternal linguistic economy. All these cited examples only point to one direction that the father is the “haligi ng tahanan” and the mother is the “ilaw ng tahanan.”
Furthermore, these views of ours regarding the “haligi ng tahanan” and the  “ilaw ng tahan” have been carried to the extent that these views have also influenced the shaping and molding of some provisions of law under our Family Code. The Family Code provides:
The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnerships or gains, complete separation of property, or any other regime to govern their property relations.   In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in the Family Code shall govern.[16]

Under this provision of law, it is a general rule that when the spouses failed to come up with a valid and legally binding marriage settlement before the marriage or when the marriage settlement agreed upon is contrary to law, good morals, good customs, public order and public policy, then the regime of absolute community shall govern the property relations of the spouses.  In order for the marriage settlement as well as any of its modification in correlation to other guidelines set forth by the Family Code to become legally binding not only between the spouses but also to third parties, certain requisites as provided for by the Family Code should be followed, the requisites are as follows: (1) it must be in writing, (2) it should be signed by the future spouses involved, (3) it must be executed before the celebration of the marriage, (4) the marriage must be celebrated, (5) and it should be duly registered in the civil registry and registry of property to bind third persons.[17]
Under the regime of absolute community of property, everything shall be held in common, and the provisions of the Civil Code on co-ownership shall complement whatever matters not provided for by the Family Code regarding the absolute community of property between future spouses. What constitutes then the absolute community of property?   The Family Code provides:
Unless otherwise provide by the Family Code or in the Marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter.   However, the following shall be excluded from the community property:   (1) property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property; (2) property for personal and exclusive use of either spouse; nonetheless, jewelries shall form part of the community property; (3) property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property.[18]

In consonance now with the law, donated properties, bonuses, properties which are considered minana or namana and underwears are only few examples of properties deemed not included in the absolute community of property. How will the spouses enjoy and administer the community property? Be it noted that the provision of the law on the administration and enjoyment of the community property is also similar to the conjugal partnership property.   The Family Code provides:
The administration and enjoyment of the community property (or the conjugal partnership property) shall belong to both spouses jointly.   In case of disagreement, the husband’s decision shall prevail, subject to recourse to the court by the wife for a proper remedy, which must be availed of within five years from the date of the contract implementing such decision.   In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties (or conjugal properties), the other spouse assume sole powers of administration.   These powers do not include the powers of disposition or encumbrance which must have the authority of the court or the written consent of the other spouse.   In the absence of such authority or consent, the disposition or encumbrance shall be void.   However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before offer is withdrawn by either or both offerors.[19]

It is now on this assertion or enunciation of the law that shows preference to the “haligi ng tahanan.” As a general rule, the administration or enjoyment of the community properties or the conjugal properties shall belong to both spouses jointly.   Exception to the general rule, in case of disagreement in the administration and enjoyment of the community properties or conjugal properties (not covering disposition or encumbrance) between the spouses, the decision of the husband shall prevail, subject to recourse to the court by the wife for a proper remedy with five years prescriptive period; otherwise, the contract will become legally binding. Simple disagreement alone or disagreement per se cannot be the cause for the setting aside of the contract.   As pointed out by Former Associate Justice of the Supreme Court, Jose C. Vitug:
The “disagreement” itself” does not constitute per se a cause for setting aside, for instance, the contract entered into in the implementation of that decision, which the law, in effect, authorizes when it had provided that “the husband’s decision shall prevail.”   The contract of course, may be annulled or rescinded but limited to grounds that, under the laws of general application, may render them either as voidable or as rescissible.[20]

When for example the husband secured the consent of the wife to mortgage or to sell a community property or a conjugal property with a vitiated consent through mistake, violence, intimidation, undue influence or fraud, then the wife could file a case in court for a proper remedy.   But if you are just a plain housewife, waiting for an allowance either from your husband or from your sons or daughters, or you are just a wife earning an income good only for your own subsistence, how could you file a case in court?  Assuming that you will avail the services of the Public Attorney’s Office, still you cannot escape the fact that you will not be spending any single penny.
In consonance with the provision of law on the enjoyment and administration of the community properties or conjugal properties, we have also the following provisions of law in or Family Code showing more preference and inclinationation to the “haligi ng tahana” as compared to the “ilaw ng tahanan,” the Family Code provides:
The father and the mother shall jointly exercise parental authority over the persons of their common children.   In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary. [21]  Furthermore, the law contends that the father and the mother shall jointly exercise legal guardianship over the property of their unemancipated common child without the necessity of a court appointment.   In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary.[22]

As we have seen in our own families or in the families of others, some mothers do not usually aggressively assert their own voice in the family. Sometimes, when we ask permission from our mothers to date someone or to engage in a particular endeavor, our mothers usually say, “consult first your father before I give my permission.” All these observations are realities that are happening in our midst because not only of the conditioning made by our own cultures and values, but even through our laws.   Laws, therefore, are not only atolls or islets of empowerment; laws may also serve as atolls or islets of exclusion, marginalization and disempowerment.
With the increasing complexities of human relationships because of the multi-faceted and plurivocal levels of “we relationships” in our midst, “laws should not be static but vital. While there ought to be stability of the laws, they ought not to be so inflexible as to destroy their essence, which is the supremacy of rights.”[23] To end up this discussion on “The Faces of the Law in Philippine Context: A Third-Wave Feminist Perspective,” I would like to echo the claim of Luce Irigaray that sexuality should be reconfigured so that the meaning of sex should not only be centered on the male sex but to both sexes.   This point of Irigaray is already a good starting point for us in transforming our linguistic economy, thus, leading to the valorization, rejuvenation and revitalization of our linguistic economy and eventually our laws directing and regulating our conducts as beings-in-the-world-with-the-others.  Ending now this discussion with a question, can we consider then both our mothers and father as “haligi at ilaw ng tahanan” at the same time?

 




[1] See Article III, Section 1 of the 1987 Philippine Constitution
[2] See Article 1 of the Family Code of the Philippines
[3] See article 45 (4) of the Family Code of the Philippines
[4] See Article 45 (6) in relation to Article 46 (3) of the Family Code of the Philippines
[5] See Article 19 of the Civil Code of the Philippines
[6] See Article 20 of the Civil Code of the Philippines
[7] Edgardo L. Paras, The Civil Code of the Philippines (annotated), Book I, (Philippines: Rex Bookstore, 2002), p. 182.
[8] See Article 21 of the Civil Code of the Philippines
[9] Paras, The Civil Code of the Philippines (annotated), p. 144.
[10] See Hermosisima vs. CA, 109 PHIL 629.
[11] See Bunag, Jr. vs. CA, 211 SCRA 440
[12] Bunag, Jr. vs. CA
[13] Paras, The Civil Code of the Philippines (annotated), p. 145.
[14] Thomas Aquinas, Summa Theologica, In The Great Political Theories, Michael Curtis (ed.), (USA: HarperCollins, 1981), p. 196-197.
[15] Luce Irigaray, je, tu, nous, (New York: Routledge, 1993), p. 68-69.
[16] See Article 75 of the Family Code of the Philippines
[17] See Article 77 of the Family Code of the Philippines
[18] See Article 91 and 92 of the Family Code of the Philippines
[19] See Article 96 and 124 of the Family Code of the Philippines
[20] Jose C. Vitug, Persons and Family Relations, (Philippines, Rex Bookstore, 2003), p.306.
[21] See Article 211 of  The Family Code of the Philippines
[22] See Article 225 of the Family Code of the Philippines
[23] Justification for change made by the Code Commission created by then President Manuel A. Roxas thru Executive Order 48, dated March 20, 1047, in view of the need for immediate revision and codification of Philippine Laws.


THE HUMAN PERSON: AN EMBODIED SUBJECTIVITY IN ITS “KABUUAN[1]
by: Atty. Mark Gil Jerez Ramolete, MA Philos


The human person as a dasein[2] (a there-being) is described and pictured in an existential perspective as a being-in-the-world-with-the-Others. The hyphens in between the words emphasize the most basic and primordial fact that our worldly life is a form of existence that is neither isolated nor disengaged in nature.  Our existence in this world is not simply limited nor confined to our own private and personal lives.   My existence as well as your existence is connected with the world as well as with the others.

     You might now be asking on what drives me to come up with this claim?  At this point of our discussion, it is now necessary that we first come up with a descriptive view of what do we mean when we speak of the human body and at the same time the human person’s subjectivity.  Speaking of body, we refer here to the embodiment of one’s subjectivity and consciousness, including also one’s sexuality.   The body as the one who is the seat of needs and appetites, as the locus of physiological processes and metabolisms, as the target of attacks of germs and viruses. Furthermore, we could speak of the body as the biological base of our human existence or our inter-subjective and social existence.   Likewise, the body refers to the overall physical form of the human person.  William Luijpen and Henry Koren share the same view on the presented description of the body when they assert:

My body lies on the side of the subject who I am but, at the same time, involves me and signifies my standpoint in it.  When my body disintegrates, my world also “goes to pieces,” and the complete dissolution of my body means a break with the world, the end also of my being as a conscious-being-in-the-world, the end of my being-human (p. 36).[3]

 The body, therefore, is considered as the all embracing material or corporeal structure of the human person.  It is from this regard that my body and your body that set forth the limits and boundaries of our human existence.   The corporeality of our bodies allows us also in return to experience the corporeality of the world.   Thus, we all need to protect and to care for our bodies because without our bodies that embody our subjectivities, there would be no other means for us to be mediated with our fellow human beings and with the corporeality of the world.
  
Furthermore, our connectedness with the world and with the others is not only possible through our bodies alone, but also includes the indispensable role assumed by our subjectivities vis-à-vis to our human existence.   By subjectivity, we mean to refer here with the person’s interiority as a subject that serves as the locus or matrix where one can take control of himself/herself, most especially in the constitution and the generation of meaning and depth towards one’s temporal existence in this corporeal and material world.  Thus, without this subjectivity in a person, all the actions of the person will become mechanical or robotic actions. As Luijpen and Koren elaborate:

Subjectivity is the aspect of the human person’s reality by virtue of which he/she rises above being the blindly determined result of processes and forces (p. 101).

The human person is not completely shaped by biological processes and by sociological processes.  However, the statement should not be interpreted as saying that we are not anymore shaped by the constraints imposed to us by biological processes and sociological process.  Both processes have an effect and at the same time influence on who we are and on what we are as subjects.   But my subjectivity and your own subjectivity allow both of us to transcend or move beyond the blind determination of these processes.  As a human person, who we are and what we are is that which we create from what we have and from where we are as a being endowed with subjectivity.

At this point of our discussion, we can now say that human existence and co-existence are possible since the human person is not just simply a being with a body but also a being with subjectivity.  The human person, therefore, is an embodied subjectivity.  As embodied subjectivities, each person is a being doomed with a lot of potentials and capabilities to actualize.   It is when these potentials and capabilities are actualized that a person is enabled to fully understand her(him)self not only as a body but also as a being with subjectivity.   Having a lot of potentials and capabilities to actualize, specifically that potential to give depth and meaning to human existence, makes the human person primordially a subject.  This is an ontological fact that we cannot just deny to ourselves as beings existing in a community of beings.
  
You might ask on what drives me to come up with this claim that the human person is primordially a subject?   Of all beings in this world, it is only the human person who is capable of generating and initiating meanings in this life. When for example you kick one of the pillars of a wooden table or chair, slap the face or punch any part of the body of a human size stuffed toy, the table, the chair and the stuffed toy would certainly not mind what happened.   The table, the chair or the stuffed toy would not certainly show any manifestations of hurt feelings or emotions.   However, if the same act would be done to a person, then the person as a giving-meaning existent subject would certainly show manifestations of hurt feelings or emotions.   Probably, if the person is still experiencing a reasoned emotion immediately after the incident, then the person would be asking you some questions why such act has been made to her/him; otherwise, the person would have already kicked you in the ass or might have already slapped or punched you in the face or any part of your body.   Another one for example is when you kick the ass of your sleeping dog or cat in the mat.   If the dog or cat is quite submissive or subservient to you as the master or probably trained in a culture of “blind obedience,” then the dog or cat would have immediately run away out of fright; otherwise, the dog or cat would have immediately bite you in the leg or any part of your body.  

While brute animals are capable of experiencing pain, unlike the table, chair and stuffed toy, brute animals are not capable of giving meaning to their experience of pain, unlike the human being as a giving meaning-existent subject.   As embodied subjectivities, we are capable of experiencing pain just like those brute animals since we have with us corporeal bodies that enable us to feel pain.   However, as embodied subjectivities, we are not merely capable of experiencing pain because of our bodies.  We are also capable of giving meaning to our pain because we also have with us our subjectivities as an indispensable or integral part of our totality or “kabuuan” that empower us to accord meaning to our pain.  Following the anthropological-existential view that the human person is fundamentally the center, the source of depth and initiative in the cosmos, the human person therefore is primordially a subject.  As the source of depth, meaning and initiative in the cosmos, we are differentiated from other beings in the world.   We are specifically differentiated from most beings in this world, in as much as we are not similar with brute animals, things, objects and stuffs.  As an unfinished project, a project still in progress, the human person is constantly in the process of becoming as a subject-being. Thus, as embodied subjectivities, we have to continuously give and generate assertive meanings in our day to day existence in our encounter with the others around us.

Indeed, the human person in its totality or “kabuuan” is an embodied subjectivity.   From this standpoint, we can now say that human encounters are possible because we are embodied subjectivities in our “kabuuan.”   I see and encounter you as a person like me in the world because you are not only a body nor a mere subjectivity, but an embodied subjectivity like me in your totality.   Likewise, you see and encounter me as a person like you in the world because I am not only a body nor a mere subjectivity, but an embodied subjectivity like you in my totality.   Body and subjectivity constitute a unified whole in every human beings.   Nonetheless, this does not mean to say the body and subjectivity are the same.   Body and subjectivity are distinct from each other but not separate since they constitute a unified whole.   Body and subjectivity are different from each other, but not separate since they constitute a unified whole in our totality or “kabuuan” as persons.

We have to constantly remember that my “kabuuan,” your “kabuuan,” our “kabuuan” as embodied subjectivities cannot be reduced nor be relegated to the attributes that we have by virtue of our corporeal body through its immersion in a particular space and time.   We are not just our body parts.   We are not simply limited to what we have as attributes.   We are more than the attributes that we have.   We are as human beings in our totality or in our “kabuuan.” 

     Any attempt to reduce our totality or our “kabuuan” as embodied subjectivities to our bodily parts or attributes would mean reducing who we are to these bodily parts and attributes.   If we reduce our “kabuuan” to our bodily parts or attributes, then we are now in this case our butt, eyes, genitalia, hairs, legs, breasts, eyebrows, etc. Such absurd and ridiculous consequent would arise provided that we reduce who we are or our “kabuuan” to our bodily parts or attributes.  While our bodily parts or attributes are deemed important and significant aspects of who we are as embodied subjectivities, they are distinct from our “kabuuan” or totality.  Though our bodily parts or attributes constitute a unified whole with our “kabuuan” as embodied subjectivities, we cannot just simply say that we are our bodily parts or attributes without qualification; otherwise, we could now be walking or even talking penises, vaginas, butts, breasts, hairs, etc.   Thus, we should say instead that we are persons in our “kabuuan,” and from these “kabuuan” of ours we have with us certain bodily parts and attributes that differentiate us from one another as embodied subjectivities.

     At this point of our discussion, I do not want to be interpreted as saying that our bodily parts or attributes are already insignificant. They are significant in as much as they constitute an indispensable role in our “kabuuan” or totality as embodied subjectivities.  I came up with this assertion because of the observation of mine on how certain magazines, newspapers, advertisements and even in the conversations of people give so much interest and attention on bodily parts or attributes.  Most of the time we usually read, hear and see some explicit and implicit “pedagogical” materials instructing and encouraging people how to have a nice butt, breasts, abs, chest, face, etc., or to have a fair skin, or to have a stunning and superb body in general.  I have no immediate problem with the way bodily parts or attributes are accorded the fitting attention that they deserve. As embodied subjectivities, we are beings who both desire and being desired upon; thus, the need to accord the necessary attention to these bodily parts or attributes of ours.  However, the problem arises when these bodily parts or attributes are given too much attention or overflowing interest and concern as compared to the totality of the person who possesses them.  Once in a while we need to feel good and look about ourselves, but should we just feel good and look good from the outside?  This is now the question that all of us must struggle to ponder about, including me because sometimes I am usually inclined to give more interest and attention to my bodily parts or attributes because of the inescapable gaze of the others.

     Because of the increasing trend in fashion, in advertising and the deeply embedded influence of phallic discourses in the cultural domain, more and more people are being shaped, conditioned and encouraged to give more emphasis and attention to what we have as bodily parts or attributes.  This observation is evident in the way some women responded to the use of silicone just to increase the size of their breasts.  Likewise, some men have even gone to the point of using steroids just to induce muscle mass on their chests, abs, shoulders, biceps, triceps, etc. Furthermore, sometimes instead of praising and valuing individuals in their totality as persons, some of us have paid too much attention on the worth of the person on what they have as bodily parts or attributes. All these circumstances and other analogous circumstances simply show how some of us have shown the ardent desire and inclination to focus more on what we have as bodily parts or attributes just to feel good and look good. All these circumstances and other similar circumstances have made some of us to shift our paradigm of care from our “kabuuan” or totality as persons to what we have as bodily parts or attributes.  

     The mere care for our bodily parts or attributes would be an incomplete and an inadequate form of ethos of care for the self if such form of care is simply limited and confined to these bodily parts or attributes alone.  The care for these bodily parts or attributes of ours would not suffice if we would not accord the necessary care to our “kabuuan” as embodied subjectivities.  It would not suffice to feel good and look good only from the outside besides we are not just simply beings with external features.  If we simply limit the desire to feel good and look good from the outside, then this form of restriction can potentially lead to the constitution of a “false consciousness” among certain affected individuals by basing and looking at their self-worth through those bodily parts or attributes that they have.   We also need to feel good and look good from the inside not only from the outside since we also have with us internal features that complement our external features forming our “kabuuan” or our totality as beings who both desire and being desired upon.   Thus, we could start in our own personal or communal way of developing an ethos of care for the self anchored on the need to care for our “kabuuan” as persons and not simply our bodily parts or attributes.  We could start this ethos of care for the self by renewing and rekindling the worth and value that our “kabuuan” deserves.  To do this, we shouldn’t just be paying too much attention to these bodily parts or attributes of ours.   These bodily parts or attributes of ours should not just simply be the basis of our self worth as persons.  Our self-worth as persons must and should go beyond these bodily part or attributes of ours.   We should not just simply be confined and imprisoned by the inescapable gaze of the others for us to feel good and look good.   Likewise, we should always see the connectedness and the significance of these bodily parts or attributes of ours to our “kabuuan” as embodied subjectivities who both desire and being desired upon.



[1] This work is a portion of the author’s thesis in MA Philos entitled, A Feminist Discourse on Sexuality and the Reality of a Repressed Sexuality towards a Valorized “Kabuuan,” (Baguio City: Saint Louis University, March 2007).
[2] Martin Heidegger, Being and Time, trans. by Joan Stambaugh (Albany: State University of New York Press, 1996). 
[3] William Luijpen and Henry Koren, A First Introduction to Existential Phenomenology, (Pittsburgh: Duquesne University Press, 1969).