Halo-halo republic

The Halo-halo stands out as the unique icon of Philippine food and culture. But who would imagine that the concept of Halo-halo would also represent the quality, variety and complexity of Philippine laws and ordinances. Even worse the Halo-halo state of laws and ordinances in the Philippines has become a very real representation of local government abuse and anti poor governance. Those who have money can afford to pay fines, penalties or bail. Those who can’t can languish in detention cell, temporary lock-ups, or city/municipal jails. The biggest offense of government both local and national is the fact that we don’t have uniform laws, ordinances, penalties or fines. Every province, city, town and even barangay have somewhat similar laws but different interpretations, and different forms or prices for punishment.

I first came to realize this Halo-halo Republic insanity when motorcycle riders (big bikes) called attention to the fact that within Metro Manila each city has a different set of rules and punishment. They don’t even have uniform laws on helmets and back riders or second passengers. It is also a real and continuing source of corruption that hurts daily wage earners more, because they are forced to bribe traffic enforcers at every random checkpoint they pass through rather than lose a day of work to recover their license and pay fines!

But that Halo-halo insanity is not limited to the use of motorcycles. Recently we discovered that the very same LGUs also have Halo-halo laws and ordinances pertaining to what falls under Duterte’s anti-tambay pronouncements. Some LGUs are light on first offense simply giving a warning or a lecture or community service, others have a commercial approach by imposing fines instead of detention or imprisonment, some LGUs assign minor violations to the nearest barangay hall while other cities stipulate that arrested individuals be brought directly to the court. Some places allow or provide for a stern warning on the first offense, others community service while a couple of big cities fine you P1,000 on the first offense escalating to P5,000 on the third upwards.

I support law enforcement, public discipline and hitting people in the pocket because it really works. What many people are complaining about and will probably soon be fighting against is how local governments have used their legislated “autonomy” to write Halo-halo laws and ordinances. At the end of the day who is watching over, or supervising the legislative directions and actions of LGUs to insure some sense and uniformity evolves for the entire nation? There is a serious need to NATIONALIZE and rationalize laws and ordinances being churned out by local governments. Enough is enough and it is time that the Executive Department or Congress wakes up to confusion, abuse and corruption created by Halo-halo legislation of LGUs.

It is also important to mention here that LGUs all over the country also have Halo-halo requirements regarding applications and requirements for business permits, clearances, registration and licenses. This was highlighted as one annoying pain in the butt for investors, builder, and corporations especially banks that have numerous branches all over the country! 

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Just as important as putting a stop to Halo-halo legislation, Malacañang, particularly the Secretary of Justice Menardo Guevarra and Congress must immediately put under review all the detention facilities used in various law enforcement operations whether under the police, local government, national agencies such as the Bureau of Immigration, airport etc. It is equally criminal to arrest a citizen of the republic and detain or imprison that person in what is worse than a piggery, chicken coop or doghouse. After watching a special report on prison conditions, one foreigner came up with the correct description of jail cells in the Philippines: “WORSE THAN SLAVE SHIPS!”   

It is to our collective shame that someone arrested for making tambay is thrown in a jam-packed “standing room only” police detention cell where he allegedly had to pay P80 a day for protection money. And when he ran out, they beat the life out of him! Ironically, lock up units or temporary detention facilities are not for long-term stay. People ideally should not spend more than 24 to 48 hours there. A first offender should not even have to be locked up for a minor offense or misdemeanor, which does not qualify as “crime” or what they refer to in the US as a felony. A retired PNP general also pointed out to me that misdemeanors have historically been dealt with by placing the individual under his own or under the recognizance of an adult or respected member of the community. That is where the term “arbor” or “balato” evolved; where an authority figure usually local politician asks to be responsible for someone charged with a misdemeanor or an offense punishable between three to six months detention or jail term. 

According to a high-ranking official of the Bureau of Jail Management and Penology, most jails and detention facilities in the Philippines particularly in Metro Manila are 500% above their design capacity. If that is not bad enough, our poor BJMP officers and personnel not only guard detainees in jail, they also transport detainees, escort them to every hearing, monitor their cases and even do follow ups for prisoners who have not had a court appearance for more than six months to a year. The BJMP is at the mercy of each local government particularly the mayor or city council. If they don’t give a damn and don’t have a conscience then chances are the detainees or prisoners will be treated like captives on a slave ship.

With all this wicked reality staring us in the face, I cannot help but challenge the officials of the Commission on Human Rights to take their gun sights away from Rodrigo Duterte and aim at the many mayors and city council members who in effect are worse than slave traders and pirates!

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