S1L43 – “Critique of E.O. 156” – Ms. Kata Explains False Syllogism
Miss Kata Ngahan, are you in?”
“Present in body and spirit, sir!”
“Miss Kata, you taught creative writing before didn’t you? I read it in your Facebook…” I braced for the predictable response.
“You stalk me also, sir?”
“No, I don’t! I mean, yes. But not really. Yes.” I fumbled with my answer. I think I fared better handling that kind of confrontation with Miss Deema, “but I think I already told you I stalk everybody,” I said in my own defense, “I think it’s called ‘surfing the internet’ and I think that’s why Facebook is there in the first place, you know, so we could look at each other’s faces.”
“It’s okay, sir, like Miss Deema, I stalk you too!”
“Oh, no. Please don’t tell the class I’m a transgender,” I said, eliciting laughter from the class.
“You don’t have an LGBTQ bone in your body, sir, but I bet my classmates don’t know that crocheting is one of your hobbies!” the class laughed even harder.
“It’s called needlework, as distinguished from knitting—you know, ‘knit-knit-pearl-pearl’?” I said.
“Besides, sir, if you stalk Deema you should totally stalk me. I’m much more prone to getting into trouble for my mischief!” Kata said.
“Funny you should mention mischief, Miss Kata, because I meant to ask you, as a creative writer what do you know about ‘literal subterfuge?”
“It’s a form of figure of speech, sir, just like metaphor, simile, hyperbole, satire, irony, personification, alliteration—”
“Okay, okay, I get it—but what differentiates ‘literal subterfuge’ from other figures of speech?”
“Oh, right! We were talking about my mischief. Well, sir, subterfuge is the only malicious form of figure of speech. It’s often used to fool people into believing the opposite of its meaning,” the English literature major said.
“And how is that done? How does a writer make you think he is giving when he is actually taking, Miss Kata?”
“Usually by a subtle shift of meaning sir, like in a false syllogism,” Kata said, and it sent her classmates into their favorite chant, “brain bleed! Brain bleed!”
“False syllogism, huh? It’s really a rather simple idea, class” I said. I think I was kind of hoping that in the few seconds that I said it somehow I can guess what it meant. I couldn’t so I just used the classic teacher’s escape, “in fact, I will allow Miss Kata here to explain it, because she’s one of you so I’m sure you can relate more, go ahead Miss Kata.”
“Sir, a false syllogism is when you use the same term in two sentences, but the meaning of the term as used in the first sentence is entirely different from the meaning of the same term as used in the second sentence.” said Kata.
“See? It’s that simple,” I said, “in fact, Miss Kata, why don’t you give an example to your classmates so it’s not just you AND ME that understand false syllopism.”
“Syllogism, sir.”
“Right. Syllogism. Example please?”
“Well, sir, if I say ‘A ruler has twelve inches. Queen Elizabeth is a ruler. Therefore, Queen Elizabeth has twelve inches’ you can see how from using ‘ruler’ in a truthful statement, I’m able to use ‘ruler’ in an untruthful statement the second time.”
“And THAT is what literal subterfuge is, class” I said. The class nodded in amazement at how well they thought I knew the concept.
“Now, the reason I brought up the subject of literal subterfuge is that I want you, as students of law, to be able to recognize when subterfuge is used to conceal the true meaning of a law, or even convey the opposite of what it actually contains.” I said.
Deema, in her usual unannounced habit of butting in, said “yes, classmates, and sir is going to give us a clear example of literal subterfuge in law!”
“Well, I meant to,” I said, feeling a little pressure to come up with a convincing example fast. “For example, although the title of the law is the ‘Anti-Terrorism Act’ if you study the salient provisions of Republic Act 11479, especially where it provides for very ambiguous cases for a warrantless arrest, you will realize that its ultimate chilling effect IS the terror to fear itself.”
The class were wide-eyed, clearly wanting to know more.
“The only reason I cannot yet discuss all about it is we are all still waiting for the full opinion of the Supreme Court, which has already struck down two key provisions as unconstitutional, for being overbroad,” I said.
“Is that the ‘sub-judice’ rule, sir?” Deema asked.
“Part of it, yes. Since the Supreme Court is still deliberating the rest of the provisions, we owe it the courtesy of not saying anything to try to influence their opinion. But sometimes, SILENCE is THE OPINION we are sending, as if to say ‘if you validate that law, listen to its effect. People are silenced’” I said.
“Sir, but if a law or regulation is still new, and it’s not yet being challenged in the Supreme Court, can we talk about THAT?” Deema asked.
“Why, yes, certainly. In fact, that’s what I wanted to talk about tonight mainly. You see class, there is this new Executive Order No 156 just signed last December 9, 2021. I’ve asked your classmate Mr. Hilong Talilong earlier to kindly reproduce copies of it, which he will now distribute…go ahead and take five minutes to read it, go!” I said then sat back and waited as Alpha Section read E.O. 156.
“This is horrible!” Kata was the first to react, “sir, I’ve never seen a more blatant example of literal subterfuge!”
“What is the title of the Executive Order, Miss Kata?”
“Sir, it says ‘INSTITUTING MEASURES TO ENSURE CONSISTENT AND RELIABLE ELECTRICITY SERVICE IN INADEQUATELY SERVED AREAS, IMPROVE PERFORMANCE OF INEFFICIENT DISTRIBUTION UTILITIES AND ACHIEVE TOTAL ELECTRIFICATION OF THE COUNTRY.”
“So, where is the subterfuge there?” I asked.
“Well, sir it talks about doing something to help ‘unviable, unserved, underserved and poorly-served areas within the franchise areas of distribution utilities…”
“And? What’s wrong with that?” I said to prod the discovery along.
“These distribution utilities with franchises are called ELECTRIC COOPERATIVES, sir. I don’t know why they just avoided using the term when it’s very clear they’re the ones being referred to.”
“Alright, let’s consider that the proverbial ‘first statement’ of the syllogism. Do you see a second one?”
“Yes, sir! Right here where it says they would ‘promulgate rules for the entry of microgrid Distributed Energy Resources and other alternative service providers’ it’s very obvious it’s talking about mini-hydros to be run and operated by independent companies other than the electric cooperatives, sir.”
“You think that’s what ‘alternative service provider’ means? That they would facilitate the entry of new companies to run mini-hydros?” I probed deeper.
It was Deema who spoke next.
“They are not setting up these new companies to run mini-hydros only, sir. They have their sights set much higher than that,” Deema said, her eyebrows starting to knit together, “They describe these companies as ‘alternative service providers’ right after the term ‘inefficient distribution utilities with franchises’ so it’s clear to me they want to replace electric cooperatives with these new companies—they will now be called ‘service providers!”
“Wow,” I whistled, “and you got all that from an EO with such a beautiful and noble title, huh?”
“Precisely, sir, it’s the perfect literal subterfuge,” Kata interjected, “the reason some areas are called unviable is because electricity could not be provided to these areas profitably. That’s why their only hope of getting electrified is by electric cooperatives that do not exist primarily for profit.”
“Well, where is the subterfuge? I still don’t get it.”
Deema stood up, “Sir, if electric cooperatives which are non-profit have a hard time advancing rural electrification, what more if profit-oriented companies are asked to do it? There is ONLY ONE WAY that can be possible!”
“Which is….?”
“Allowing these new companies to take over NOT REALLY the part of delivering service to so-called ‘unserved, underserved and poorly-served areas’ but over the entire franchise area, ESPECIALLY THE PROFITABLE PARTS of it.”
“Lordy Lord, that IS doublespeak, isn’t it?” I said glumly, “but what does that translate to, in practical terms?”
This time Juan Dimacaawat from Mankayan spoke, “Sir, my hometown of Mankayan is one of the underserved areas within the BENECO franchise area. That means we have the public sympathy, they would logically want US to be adequately served, too.”
“Of course, and in case there’s a gallant new private company that offers to fully electrify Mankayan, what would it be entitled to, Juan? Tell us…” I set him up for the punchline.
“You would have to give that company the whole of BENECO, sir—lock, stock and barrel. That way the objective of the EO, which is TOTAL ELECTRIFICATION, could be achieved. I noticed the EO already mentions the scenario of revoking an electric cooperative’s franchise, I suppose if it doesn’t cooperate, sir “
“Really, now? And of course all of Benguet would be excited about total electrification while all of these Baguio residents, and in La Trinidad or Tuba and other adequately-served areas living comfortable lives really couldn’t care less. What does that say of the battle for the ‘hearts and minds’ of the iBenguets, Juan?”
“It’s very simple sir, if Benguet surrenders, Baguio falls too.”
The class fell silent.
They know Benguet has not only surrendered, it has been colonized for the first time in its ethnic history. What’s more, it is HIGHLY-LEARNED iBenguets who are the chief defenders and apologists of the subjugation. The province had lost its voice in Congress to a power proxy from the south. It’s a good thing they at least got a few sacks of rice, ambulances and tarpaulin tents in exchange.
“Wait a minute, class,” I tried to adjust the focus to a new detail, “if your reading of this EO is correct, then it means this new crop of ‘alternative service providers’ are not electric cooperatives, so they would need some kind of original legislative franchise from Congress, wouldn’t they? So if someone were to try to inject itself in place of BENECO, for instance, it would need Congressional support, don’t you think so?”
“It would have that support, sir. The supposed Benguet representative is a power proxy, and the one from Baguio heads the committee on silence,” Juan said, but Deema quickly contradicted him—or so, I thought.
“That’s not true, he doesn’t head the committee on silence,” Deema said.
“He doesn’t?”
“No, sir. He’s only a member. But the committee he heads is the Committee on Non-Committed Press Releases!” the class laughs, but not too hard.
“Well, it doesn’t really matter what committee he heads,” I said in his defense, “I’m assuming he has his ears pressed to the ground very well. Whatever he is saying or not saying most probably reflects what his constituents are saying or not saying. He’s a man of few words.”
“And even fewer convictions,” Deema butted in, “at least his Benguet counterpart is totally clear where he stands, he even made a Freudian slip of the tongue one time when he was being interviewed by media.”
“Really?” I wondered, “what did he say by the slip of the tongue?”
Deema said very sadly, “Sir, he said he would take over BENECO himself. He had sat in too many meetings it had been subconsciously imprinted in his mind that THAT was the ultimate objective.”
About the Author
The author is a writer and lawyer based in Baguio City, Philippines. Former editor of the Gold Ore and Baguio City Digest, professor of journalism, political science and law at Baguio Colleges Foundation (BCF). He is a photographer and video documentarist. He has a YouTube channel called “Parables and Reason”
About Images: Some of the images used in the articles are from the posts in Atty. Joel Rodriguez Dizon’s Facebook account, and/or Facebook groups and pages he manages or/and member of.