President Gloria Arroyo reportedly is set to present a rosy economic picture in her State of the Nation on Monday. Other leaders are keen to talk about another matter — the bloody political killings and kidnappings.
If the historic summit led this week by Chief Justice Reynato Puno is to be the gauge, the issue foremost in people’s minds is the wave of heinous crimes. The legal luminaries, magistrates, academics, legislators, and NGO and Church reps who joined the two-day event laid the matter squarely on the President’s doorstep.
“Stop the killings” was the message the 200 or so summiteers sent Ms Arroyo. Despite coming from usually contending forces, their consensus was that the President, as Commander-in-Chief of the Armed Forces, holds power — and duty — to protect every citizen’s basic right to life and liberty.
Known leftists expectedly blamed Ms Arroyo and her generals for the crime sprees since Jan. 2001 that has victimized over 700 militants. Participating military and police officers quickly deflated the figure, but their lower count of 200 was still troubling. Then there were 53 murdered journalists — mostly talk-radio broadcasters — in the same period, not to mention half a dozen judges and prosecutors. Most delegates were careful not to mechanically blame all the killings on uniformed men but allowed that communist rebels commit their own executions of wayward comrades or barangay officials. Still the conclusion was the same. No way should anybody be slain or forced to disappear for political beliefs. The President may have formed a special commission to investigate the reasons for the killings. But this was not enough, considering that the crimes went on.
There were other proposals to other government branches. To the Congress were suggestions for a special law to punish extrajudicial killers and kidnappers. But that may be unnecessary, since the highest penalty for killing and kidnapping — life imprisonment in lieu of the abolished death penalty — already is embodied in the Penal Code. To the Supreme Court were ideas for shorter deadlines to finish court trials on such crimes. But then, even if the Tribunal already had designated a hundred regional trial courts to specialize in the cases, the judiciary is hobbled by a shortage of judges and prosecutors.
Still, most of the things that can be done to solve or stop the killings immediately are within the scope of the Executive. For instance, allowing civilian authorities entry into military camps or private homes where abducted militants are believed to be illegally detained. Or, to strengthen the witness protection program by giving testifiers to crime life insurance and higher stipends. Or, to forge temporary truce with rebels and resume peace talks. Operationally the Departments of Interior, Justice, and Defense can do all this — and swifter if ordered by the President.
Legally the basis for the President to take charge of stopping the crime wave is the principle of command responsibility. Three experts — Deans Joaquin Bernas and Pacifico Agabin, and Prof. Sedfrey Candelaria — explained the international jurisprudence from the Nuremberg and other war crimes trials. Three elements define such responsibility: a superior-subordinate relation, a superior’s knowledge of a subordinate’s actions, and a superior’s failure to stop or punish a subordinate’s wrongdoing.
It is this legal facet that can put Ms Arroyo in hot water. Coinciding with the summit was Mrs. Editha Burgos’s filing of a petition for the High Court to declare the Commander-in-Chief responsible for the kidnapping of her son Jonas by suspected soldiers in April. Having shown displeasure with politicians’ inaction on the crime wave, Chief Justice Puno is expected to lead the justices to make a decision at once.
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Ronaldo Balas, the OFW in Dubai who had paid for a residential lot in Cabanatuan City but couldn’t get the land title four years after paying for it, gives an update:
“I write to express my sincerest thanks for writing about my problem with Atlanta Land Corp. (Gotcha, 11 July 2007).
“Ms Corazon Santos, joint venture partner of Grand Victoria Subd., e-mailed me (attached) to coordinate with the office, and they are going to release my land title. Hopefully, this will be the end of my problem. But you are right, many more OFWs have the same problem.”
In truth, I received seven e-mails from OFWs or their spouses telling of the same problem: land developers refused to release land titles although the lots were fully paid for.
At any rate, Balas’s woes were solved by kind and swift action from Ms Santos. Her developer-partner had not turned over payments from Balas or other buyers. She is releasing their titles just the same because she wishes them no trouble.
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Congratulations to Justice Teodoro Regino on being elected for a third term as president of the Association of Retired Court of Appeals Justices Inc.
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E-mail: jariusbondoc@workmail.com