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Opinion

Significant developments

A LAW EACH DAY (KEEPS TROUBLE AWAY) - The Philippine Star

It is really much better for the Senate to terminate its inquiry on the extrajudicial killings (EJK) done in connection with the war on drugs and other crimes. Anyone watching the proceedings can easily see that it is not in aid of legislation at all. Like other Senate hearings in the past, the on-going inquiry on the EJK has been used by the Senators merely to gain media mileage and attract public attention. They use it only to prove that they are supposedly qualified to be a Senator. Ironically however, exactly the opposite has happened. The hearings just reveal even more vividly that, except for a few, they are indeed inept and incapable of performing their job as legislators and should have just remained in their respective fields of endeavor where they excelled and became popular.

The proceedings in the Senate for the past weeks readily show that the questions propounded by our Senators have no relevance at all in determining whether the killings are justified or in accordance with the rule of law and, if not, how they could be prevented by means of a remedial legislation. Instead, based on the questionings by most Senators, the inquiry has become a political and personal battleground between the pro and anti Duterte forces where the credibility of the resource persons invited are attacked or defended depending on whether their testimonies destroy or improve Duterte’s public image.

To be sure, a new law on these EJKs is not even necessary. There are already enough rules to guide the law enforcers on how to apprehend suspects without killing them. In the first place, our policemen should know and/or should have been instructed that, as a general rule they must first secure a warrant for the arrests of these persons violating the Dangerous Drugs Law, (RA 9462). The only exception here is when the suspects have been caught in the act of violating the law or immediately thereafter in the presence of the law enforcers. Under these circumstances, they can apprehend the suspect even without a warrant of arrest.

But with or without warrant, the law enforcers cannot shoot to kill the suspects unless in self defense. Self defense justifies the EJKs if (1) there is unlawful aggression on the part of the suspects endangering the life of the arresting officer; (2) there is no sufficient provocation on the part of the arresting officer; and (3) the means employed by the arresting officer to prevent or repel the aggression in defense of his life is reasonably necessary. So if the suspects resist arrest by merely running away from the arresting officer, or have been spotted with a gun in hand but have not actually used them, their killings are not justified. Numerous killings of this nature have been reported. President Duterte should order General Bato Dela Rosa to thoroughly probe these EJKs so as to ensure that they will not recur anymore. They should also ensure that the arresting officers strictly observe the above requirements for self defense.

But as we observe the first one hundred (100) days of the Duterte regime today, it is also propitious to focus our attention to the many positive happenings in this country. First of all, his overall performance after 100 days in office seems to strengthen the belief of most of us Filipinos that we have not been mistaken in choosing him as our president. This is the first time indeed that we have elected a President who has shown that he cares more for the common people over and above the other sectors of our society particularly the oligarchs whose business interests have apparently been better protected and promoted by the past regimes. His attention and obsession in eliminating the drug problem in our country has apparently caused us to overlook and even disregard the many other significant developments in our country during his first one hundred days in office.

We have belittled the numerous actions and steps his administration has taken (1) to promote and protect the interest and the working conditions of our Overseas Filipino Workers (OFWs) specifically the putting up of the one stop shop to attend to their numerous documentary requirements; the repatriation of OFWs who have lost their jobs abroad, the privileges extended to balikbayans particularly the tax exemptions granted to balikbayan boxes; (2) the division and distribution of the Hacienda Luisita lots and modern agricultural equipment to the farmers; (3) the ceasefire between and among the numerous rebel groups like Moro National Liberation Front (MNLF), Moro Islamic Liberation Front (MILF), Communist Party of the Philippines (CPP) and the National Democratic Front (NDF); (4) the promotion of peace and order by imposing curfew on minors, the liquor ban after 10 pm, the karaoke ban and closure of gambling joints and on line operations; (5) the promotion of the security of tenure of workers by abolishing the contractual agreements; (6) the uplifting of the servicemen’s life by providing modern housing and increasing their salaries, and other benefits; (7) improvements of the airport terminals and the elimination of the laglag bala; (8) the faster and more efficient government services particularly in the Bureau of Internal Revenue (BIR), Land Transportation Office (LTO). Land Transportation Franchising and Regulatory Board (LTFRB) and even the Bureau of Customs; and of course, (9) the apprehensions of more than 700,000 drug addicts for rehabilitation and reformation.

Undoubtedly, Duterte is our duly elected President. And as our duly elected President we should pray for him. We should pray that he listens to some critics and to others who are giving him useful advice; that he dedicate his time to other ills of our country which he said he already knew when he ran for President; that he talk less and take more actions so that he would commit less mistake and avoid saying sorry repeatedly or even risk international isolation.

E-mail: [email protected]

 

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