Showing posts with label criminals. Show all posts
Showing posts with label criminals. Show all posts

Sunday, April 23, 2017

BWorld 123, Drug-related murders and criminal justice in Asia

* This is my article in BusinessWorld on March 30, 2017.


While there is continuing (legal and political) debate whether extrajudicial killings (EJK) are happening in the Duterte administration or not, there is no debate that thousands of mysterious murders, often drug-related, have occurred since President Duterte won the May 2016 elections.

So far, death toll of drug-related murders from mid-May 2016 to February 2017 is estimated at 7,000+. The Philippine National Police (PNP) released its official data, indicating that from July 1, 2016 to Jan. 24, 2017, some 2,539 “killed during police operations.”

I have no sympathy with drug lords, drug pushers, and hardened drug users/addicts who steal and commit other crimes just to sustain their addiction and trade. But I also believe that all suspects should be given due process. Armed agents of the state (PNP, NBI, PDEA, sometimes the AFP) should go through the legal process of investigation-apprehension-prosecution cycle and not commit shortcuts of outright murders based on flimsy reasons like “nanlaban eh” (fought the officers) even inside police precincts or even inside the prison cells.

There are many drug-related murders that are outside the “killed during police operations” and these were committed by armed vigilantes. Some of these “vigilantes” were found to be policemen themselves like the two officers caught in Mindoro last October 2016 after they murdered a woman.

To better address the drugs problem and related corruption and murders, we can learn from our neighbors in Asia how they enforce the rule of law, the criminal justice system in particular.

The World Justice Project (WJP) produces an annual study, the “Rule of Law Index” (ROLI) and score countries based on their performance on eight factors and 44 sub-factors. The eight factors are: (1) Constraints on Government Powers, (2) Absence of Corruption, (3) Open Government, (4) Fundamental Rights, (5) Order and Security, (6) Effective Regulatory enforcement, (7) Civil Justice, and (8) Criminal Justice.

The WJP’s Index team has developed a set of questionnaires based on the Index’s conceptual framework, then it engaged 2,700 expert surveys in 113 countries and jurisdictions and involved more than 110,000 households as respondents to the experts’ questionnaires.

Below is a summary table from ROLI 2016 in Asia. The Philippines’ scores in ROLI 2014 and 2015 reports are also included. The following acronyms stand for: SG Singapore, SK South Korea, JP Japan, HK Hong Kong, MY Malaysia, ID Indonesia, TH Thailand, PH Philippines, CN China, and CM Cambodia (see table).


The numbers point to the following:

One, Singapore, South Korea, Japan, and Hong Kong are developed economically mainly because they have high observance and respect for the rule of law as reflected in their high ROLI scores, also high scores in component #8, the criminal justice system. In contrast, communist China and Cambodia have low respect for rule of law and have low scores.

Two, ASEAN 5 -- Malaysia, Indonesia, Vietnam, Thailand and Philippines -- have middle scores in overall ROLI, which is somehow good news. But in component #8, Indonesia and Philippines have low scores.

Three, the Philippines has shown consistent low scores in component #8 for the past three years. In particular, very low scores in the four highlighted items -- CS Adjudication and Correctional system are not effective, the Justice system is highly discriminatory and due process is not properly observed.

Some of our developed neighbors like Singapore have death penalty against drug-related crimes, true. The difference is that the accused are given due process and the chance to prove their innocence and not summarily executed just based on suspicions.

What deters criminal behavior is stricter observance of the rule of law, the near-certainty of apprehension and imprisonment of violators, even if they may be the law enforcers themselves. This is the kind of criminal justice system that we need. Not state-sponsored or state-inspired or state-tolerated murders.

Bienvenido S. Oplas, Jr. is the head of Minimal Government Thinkers and a Fellow of SEANET; both institutes are members of EFN Asia.
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See also: 

Sunday, October 25, 2015

On Liberalizing Gun Ownership

In one of my various discussion groups in facebook last August 2011, there was an exchange on the necessity of having a gun in the house or not, as part of disaster preparedness -- against thieves and looters who attack during natural calamities or political riots.

I believe that gun ownership should be liberalized with only one condition -- people should belong to a gun club, a private, civil society organization, that in turn is registered with the government.

The club will provide training and teach responsibility to members.. The club and its officers will assume some accountability if one or some of their members will abuse their gun ownership. Self-policing of members is a must. So when a club member harms or murders another person somewhere, the guys who will primarily haunt him will be his clubmates, not the police. The clubmates know where he lives, works, hangs out often, his other close friends, and so on.

Then there will be no need for heavy government involvement in regulating gun ownership. The state should focus on having a strong, independent and credible courts, then enforcement of court decisions.

Below are some comments to my arguments.

1. Well said Nonoy. Self-policing, training and accountability is the way to go and far more effective than laws that crack down on ordinary people but leave criminals free to roam.

2. How about if one is not a sports shooter and gun club member but needs legit gun for defense, will he/she be deprived?

3. What if that gun owner had gun safety training sans club membership? And, how will the co-club members knew what happened, if say, he/she did not say anything about the incident nor the aggrieved say anything?
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On (2), Yes, he should be deprived of gun ownership. Being a lone ranger gun owner with no community accountability is dangerous and can be a source of abuse. One will not be happy if his neighbor has a gun and start shooting neighbors and their houses simply because the neighbor’s dog barks too loud, or there is a big and noisy party one night. If the gun owner knows that it's not just the police who will go after him but his fellow club members, he will be scared from being an abusive gun owner. He may be able to evade the police easily, but difficult for him to evade his friends and fellow club members who know more personal information and details about him.

If the club will protect its abusive members, the police and the federation of gun clubs can gang up on that club. This will put pressure on the club officers to help hunt down their abusive member/s because all club members will now be adversely affected. Recognition of that club by the government and the federation will be removed and all club members should be disarmed, unless they transfer to another club, in which a new system of transparency and accountability is set.

On (3), if there is no complainant, then the problem will persist. That is why I give the above example of an abusive gun owner shooting his neighbors even for flimsy reasons. I think people will support disarming those abusive gun owners, or simply lock him up in jail.

And two more comments:

4. What if the gun owner has no pestering neighbor and not gun club member, will he be deprived of his gun? Club membership should not be criteria for legit gun ownership. Gun ownership should be a part of ones right to self preservation, like defense to life, family and liberty.

5. While I agree that it's advantageous for gun owners to be members of gun clubs, I think the system you propose carries with it a high potential for disarmament through the 'back door'. A few bad incidents will be used by the anti-gun groups to disarm ALL members, whether they are guilty or innocent. This has been seen many times all around the world. Furthermore, I don't think your system will significantly reduce the traffic altercation-type scenarios you mention. If a person does not have the temperament to carry, not even membership of a gun club would change that.
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On (4), Yes. He should be deprived of gun ownership. Club membership is mainly to establish transparency and accountability. You harm no other people, you own a gun for self-defense and for weekend hobby in a shooting ranger, no problem. You harm other people for no justifiable reason, your clubmates will  haunt you, otherwise the Federation of Gun Clubs will remove recognition  of the club and all members will be disarmed.

Having a gun can can make otherwise rational people become irrationale if they know that they are relatively anonymous to the community. If they leave some degree of transparency and accountability to the community, especially to their peers and friends, it will help retain rationality, but is not a 100 percent assurance that a person will not abuse his gun. An irrationale person can cause harm even with just a knife or a baseball bat or just his fist. The gun can expand that damage several times over.

On (5), again, the main purpose of being a club member is to have community and peers accountability. Main accountability will still be the individual. Second accountability will be the club. It is possible that the police or the federation of clubs will gang up on 1 or 2 clubs and withraw its recognition and hence, members will be disarmed. Then members of the disbanded club can join other gun clubs.

It is true that people can freak out and do all sorts of crime despite all forms of possible check mechanisms in place. That is where the Federation of Clubs and the government, the rule of law, come in. You shoot somebody, with or w/o valid reason, you are accountable for your action.

The gun club membership is not an “add-on” requirement to existing government regulations. Rather, it is a replacement to existing government control and restrictions. Government oversees not the individual gun owner, but the gun club and/or federation of gun clubs.

A gun club is a private club, like cycling club, tennis club, golf club, rotary club, etc. It is NOT a government-owned or controlled club. If the officials of your gun club are corrupt and just steal or waste the monthly dues, or are just cronies of government officials, then get out of that club and join other existing ones. That old club can die a natural death.

Last comment, #6:  “in theory, your proposal sounds plausible but in practice, it is still open to abuse. For example, the creation of a gun club requires recognition of the PNP/Firearms and Explosives Office. If an anti-firearms administration were in place, they could lean on this mechanism to deny recognition on gun clubs who don't follow their policies. This is the problem by the Association of Firearms and Ammunition Dealers (AFAD). They depend on approval of permits in order to stay in business. Thus they must toe the party line, even if it is against their long term interests and the interests of their customers.”

I recognize that it is indeed a big problem. The state can even disapprove one’s application to start a small internet shop or bake shop or barber shop, etc. unless one will first get dozen-plus signatures and permits of the various officials and bureaucrats from the barangay to city hall to national government agencies. How much more with approving gun clubs and gun ownership? One solution is a strong citizens movement towards this reform, or a strong political party that will carry this advocacy.
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See also:
Criminals 7: Illegal Drugs and China Execution, April 01, 2011
Criminals 8: Extortion Culture in the PNP, June 13, 2011
Criminals 9: Crime Wave in Metro Manila?, August 10, 2011
Criminals 10: London Riots, August 10, 2011

Thursday, August 02, 2012

Criminals 13: Death by Fraternity Hazing

My deep condolence to the families of young students who have died of violent fraternity hazing and initiations, the latest of whom is San Beda law student Marc Andrei Marcos. And to families and friends of victims of murder and other forms of killing.

I have my share of stories about those frat hazing and frat rumbles when I was still an undergrad student in UP in the mid-80s. But let me share below what a friend, Atty. Theodore "Ted" Ty, a professor at the UP College of Law, wrote about the subject. Andrei was brought to a hospital last Sunday night severely beaten, and died the next day.

I deliberately refrained from posting anything on the latest killing of an aspiring fraternity member (Andrei Marcos) simply because anger and rage simply does not cut it when it comes to the utter stupidity of such traditions. I have written so many angry words already on this and have realized that no amount of anger makes a difference on those who would beat their own number and others of opposite number--in the name of brotherhood.


Those who know me know that I have always taken a strong position against fraternity violence and have spoken/written about it so many times. Those who belong to fraternities and have lived through their versions of this stupid ritual will defend it as essential to brotherhood; you have the right to define your notions of brotherhood and defend your rituals, I have the right to disagree with the stupidity of your notions and your rituals.


What is worse than the stupidity of this ritual is the utter cruelty of the code of silence--your version of the mafia's Omerta--that you live by. At least the mob was honest about its malevolent intentions and had no pretense that the infliction of pain was for anything more noble than "you had it coming."


No, what is worse is that the Omertà you live by deprives those who are orphaned of the only thing that they now have to hold on to after you took the life of the one they loved--the truth.


What do you tell the mother who bore Andrei for nine months in her womb when she asks you, "who among you killed my son?" What do you tell the father who lent his name to him, and dreamt that he would one day proudly carry that name with a law degree when he asks you, "why did he have to die?" What do you tell those who loved him when they ask you, "we just need to know what really happened"?


I have spoken to such a mother who asked me, her counsel, the questions she could not ask of those who killed her son, questions that attempted to make sense of an utterly senseless loss. She is a courageous woman, resolute in her determination that those who killed her son, Marlon Villanueva, should be made to account for what they did. She speaks very softly, always respectfully and apologizes for the inevitable tears that stream down her cheeks whenever she mentions the name of Marlon, her murdered son. She had no resources other than the love she had for the son she was deprived of; she had no longing other than to see that justice was served for those who killed her son--in the name of brotherhood.


I recall her face now as I write this and grieve for yet another mother, whom I have not had the pleasure of meeting, who bears this latest, senseless loss. I grieve for those others who have been orphaned in the name of brotherhood throughout the years: they, who live on and who try to make sense of the permanent absence of that life that was taken from them by those who would dare call him "brother."


I know that angry words will not stop you from killing again. I know that no amount of law will prevent you from enforcing your stupid rituals. I know that your code of Omertà will not result in meaningful prosecution of those who took the life of Andrei Marcos. I know that once the news cycle fades, Andrei will, like many others before him, become another number on a page.


I take comfort only in knowing that one day you shall be made to account for what you have done by an authority that is far, far greater than any that you might elude in this lifetime. I pray that when you are asked, "why did you do this to your brother?", you will be able to answer, with every ounce of sincerity you will be able to muster, "in the name of brotherhood."

Amen Ted, you wrote it very well.

When I was an undergrad student in UP, I was also recruited by at least two fraternities. One was the Ilongo frat, UP Silak. I think my body and heart were too weak to accept potential physical harm, I did not report to the group for the first phase of initiation after a brief "intro", a light slap on the face by a friend who recruited me and assured me that he'll stand by me. After I did not show up, I think he did not like me after. That was nearly three decades ago.

Another friend from one of those Greek named frats in the second floor of UP Palma Hall (then called Arts and Sciences or AS building), my dorm mate in Molave Residence Hall, also recruited me. Again, a brief intro, a slight slap in the face. I think I was simply a coward to physical violence then, I did not show up again for the first phase of the frat initiation.

When I moved to Yakal Residence Hall, one of my roommates joined another Greek named frat. There are are many Greek sounding frats in UP. My roommate then survived the initiation. I saw his legs, severely battered by paddles and even a baseball bat or other hard objects. He was laughing while showing me his swollen and battered legs, also beaten arms, implicitly bragging that he was able to survive real physical pain inflicted upon him, and that he was ultimately accepted in a known frat in UP with several highly influential political leaders of the country as among their alumni brods.

Then I moved to Narra Residence Hall, my first group of roomates were all alumni of Philippine Science High School (or "Pisay"), really bright boys, and two of them, Ariel and Gort, were members of another Greek named frat at the College of Engineering. While I did not see their system of frat initiation or someone who has undergone it, I saw how they prepared for a frat rumble. If they have a rumble with another frat, Ariel and Gort would ask me then, "Noy, our brods would come here to prepare for a rumble". Since they were very nice to me, I would be nice to them too and said "no problem." About 15 to 20 of their brods would assemble in our room, I saw different types of baseball bats, metal bars, chaku, etc. Then different jackets to hide those things in their body when they go out. It was good that I did not see any gun. Those guys were just prepared for a rumble but were not violent enough to carry a gun. Also, while their frat would be involved in one or two rumbles in a year with another frat, either from the same college or from another college, I did not hear serious injuries resulted from their rumbles. But I still cringed at the thought of those baseball bats hitting someone's head even once.

And still in Narra dorm, there was a rumble once between a group of Muslim UP students and another Greek-named frat composed mostly of body builders. Me and several dorm residents were watching tv at the lobby one afternoon, when suddenly a friend and fellow dorm mate, Mags, a Tausug, pulled his long sword or "kris" and chased a member of a frat who wandered at our dorm. It was a bit scary, the man was running for his life while Mags was chasing him with a really long sword, the distance between them was only about 3-4 meters. The man escaped harm by jumping over a temporary barrier at the dorm entrance, a long table.

I doubt if Mags had the intention of killing that man that day because I know Mags personally, he was a tall, silent but very friendly person. He brought his sword in his room after the incident then got out. We were able to talk to him, he was still mad that their opponent from an enemy frat was able to enter our dorm.

I don't remember if there were deaths in one of the rumbles among many fraternities in UP that time. I think there was none, but I heard of some deaths in frat rumbles in UP in succeeding years. Like the case of a member of Scintilla Juris frat who was beaten to death when he was cornered by an opponent frat near the main library building.

Those were in the mid-80s in UP, those were the days. I have plenty of frat men friends then and now, but I never envied them.

I wish to see the day that violence in the hearts and minds among men and women would significantly decline. Such violence will never go away, some people simply do not know how to control their anger and emotion. But at least such violence should be drastically minimized and controlled. By the individuals themselves, and the rest of society members.
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See also:
Criminals 8: Extortion Culture in the PNP, June 13, 2011
Criminals 9: Crime Wave in Metro Manila?, August 10, 2011
Criminals 10: London Riots, August 10, 2011
Criminals 11: Kim Jong Il, North Korea, December 20, 2011
Criminals 12: R. Ecleo, A. Ampatuan, J. Reyes, June 02, 2012

Monday, July 23, 2012

The President's SONA 2012

The President’s third State of the Nation Address (SONA) will start in about 1 1/2 hour from now. Seems to be a lucky day for the President, the sky has cooperated, cloudy but no rain, the Sun is showing up a bit, after four days. Usually SONA day is SONAbath as the rains, heavy or mild, would fall on that day. July to September are the three wettest months of the year always.

Meanwhile, thousands of anti-government protesters are out on the streets near Batasan, the venue of the annual SONA. People who complain against certain programs of the government and exclaim, “anak ng tokwa” or “SONAmatofu”.

Government climatism bureaucracies like the Climate Change Commission (CCC) and the Department of Environment and Natural Resources (DENR) keep pounding on “fight climate change” and “fight man-made warming”. How can they fight something that is naturally occurring? Climate change is purely natural, warming-cooling-warming-cooling, in endless, natural, multi-decadal cycles. And global warming should mean less rain and less flood, not more; less snow, not more. They just keep deceiving the public to justify their huge budget and junkets to various global climate meetings.

A SONA is a summary of the administration’s achievement of the past year or two, and a list of promises of what it intends to do the next year to improve the lives of the citizens. When promises are not met, people often exclaim, “anak ng tokwa” or other worse terms. From what I observed among the promises in the President’ SONA in 2010 and 2011, here are some of the SONAmatofu.

One, reduce business bureaucracies. He said in SONA 2010, “Ang walang-katapusang pabalik-balik sa proseso ng pagrehistro ng pangalan ng kumpanya, na kada dalaw ay umaabot ng apat hanggang walong oras, ibababa na natin sa labinlimang minuto. Ang dating listahan ng tatlumpu't anim na dokumento, ibababa natin sa anim. Ang dating walong pahinang application form, ibababa natin sa isang pahina.”

SONAmatofu, this did not happen in 2011, and did not happen this year. The volume of business bureaucracies, both at the local and national government levels, generally have remained the same or even got worse. A few cities though, like Quezon City I heard, were able to simplify their business registration and/or renewal procedure and hence, shorten the process. But many have remained bureaucratic. If the government has succeeded in that promise, it should have figured prominently in his SONA 2011 or in his speeches lately, but they did not.

Two, imprisonment for the corrupt, SONA 2011. Aside from former President Gloria Arroyo and the father-son Ampatuan clan, there seems to be no other high profile corrupt officials who went to prison. At least three high profile personalities accused of murder have remained at large – former Congressman Ruben Ecleo of Dinagat Island (murder of his wife), former Palawan Governor Joel Reyes (accused mastermind of the killing of media and environmentalist Gerry Ortega, and former AFP General and party list Cong. Jovito Palparan (accused mastermind in the abduction and murder of two UP students, Empeno and Cadapan).

Cases like these of powerful people committing serious crimes and not getting arrested while ordinary folks are being penalized for minor concerns like driving a motorcycle without helmet or driving a car with a busted headlight, make the citizens’ trust of the police and the government in general to remain low. But even if they distrust the police and the government in general, people simply have to pay lots of taxes and fees to sustain the various bureaucracies in government, from national down to local governments.

Three, lower unemployment rate, SONA 2011. The latest labor force survey of the National Statistics Office (NSO) showed that as of April 2012, the unemployed plus underemployed (those with jobs but are seeking additional work) constituted 26.2 percent of the total labor force. This is still high, more than one-fourth of Filipinos looking for jobs are either jobless or have jobs but are looking for extra work mainly to augment their low income.

Part of the explanation why this is so is in problem #1 above. To start a simple barber shop, bread shop, internet shop, carinderia, etc., one needs a barangay permit, electrical permit, health and sanitation permit, fire department permit, Mayor’s business permit, BIR-SSS-DTI permits, etc., with their corresponding taxes and fees, and penalties for delayed registration and payment. So the formal sector’s capacity to generate jobs is drastically limited. And that is how the informal sector, micro- and small entrepreneurs who go on with their wares, are subject to extortion by some local governments and the police for lack of necessary business permits. SONAmatofu.

Lest this article be accused of endless whining and complain, there were also promises in the past two Presidential SONA that were attained. Among them:

One, no more wang-wang, SONA 2010. People thought, me included, that it was just a short-term campaign, but so far it has been sustained, for two years now. Hats off to the President and his administration for such achievement, both symbolic and actual.

Two, bring the South China Sea (SCS) or West Philippine Sea (WPS) conflict to the International Tribunal for the Law of the Sea (ITLOS), SONA 2010 and 2011. This is a significant action that must be sustained, to further internationalize the issue, non stop. Use various regional and international fora (UN, APEC, ASEAN, etc.) to engage China at the diplomatic level, never at the military and warships level.

Three, some governance-related measures like having the new Ombudsman, compensation for victims of Martial Law, children immunization law, etc.

The President will definitely have a long list of its own definition or perception of achievements over the past two years in office. But two important measures that it has failed to act are the enactment of a Freedom of Information (FOI) bill and controlling the rising public debt.

While it is true that FOI is already in the Constitution, there are no details how government agencies can be penalized for not being transparent to the citizens and taxpayers. And while the ratio of public debt to GDP has declined somewhat, from about 60 percent a few years ago to around 50 percent today, this ratio is still high. A high public is a big problem that requires big payment from taxpayers, not from politicians and legislators. At around P328 billion a year in interest payment alone, average for 2010 to 2012, this problem will continue to hound us as it is the single biggest problem in many European and North American economies now.

But more than waiting for what the government will promise, or over-discussing what it has not promised and not delivered, it is important that citizens’ action – more personal and parental/guardian responsibility in running our own lives, our households and communities, more civil society and voluntary organizations’ involvement – be put into action always.

Government is coercion. By expecting less from government, by demanding less from government, and demanding that government should confiscate less from our pockets and savings, slowly but surely, we should be able develop a more peaceful, more economically dynamic society.
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See also:
SONAnyms and Anthonames, July 25, 2009
The President's SONA, 2010, July 26, 2010
The President's SONA 2011, July 24, 2011
The President's SONA 2011, part 2, July 26, 2011
Fat-Free Econ 17: SONA, the Budget and Debt, July 22, 2012

Saturday, June 02, 2012

Criminals 12: R. Ecleo, A. Ampatuan, J. Reyes

Disputes and misunderstanding are common among people. That is because people are different from each other, in personal, cultural, religious, economic and political belief. The more people in a community, in a country, in the planet, the more diverse personalities there are, and the wider the range of diversity among people.

It is important that people should learn to respect and tolerate such diversity in whatever views. Resorting to violence like killing and murdering those one does not agree with, is a primitive way of settling disputes. Unfortunately, such crimes are still committed very often these days. 

Below are photos of accused individuals for crimes of murder to massacre. They are no ordinary criminals though, they were high level local government officials and a legislator.

Upper photos: Ruben Ecleo, former Congressman, Dinagat Island in Mindanao.
Mid photos: Andal Ampatuan, Jr., former Mayor of Datu Unsay, Maguindanao, also in Mindanao.
Lower photos: Joel Reyes, former Governor, Palawan province.


Mr. Ecleo has been convicted of parricide, he killed his wife, Alona Bacolod-Ecleo. He has been hiding for many months now. Last week, House Speaker Feliciano Belmonte said that his name has been dropped from the roll of members of the House of Representatives. Here is the recent report about him.

http://www.interaksyon.com/article/33527/fugitive-ruben-ecleo-jr--expelled-from-congress

Fugitive Ruben Ecleo Jr. expelled from Congress



MANILA, Philippines - Dinagat Island's Ruben Ecleo Jr, who has been convicted of parricide, is no longer a member of Congress. 
His name was dropped from the roll of members of the House of Representatives, Speaker Feliciano Belmonte Jr. informed reporters on Friday through a text message....
Judge Soliver Peras of the Cebu City Regional Trial Court  Branch 10 found Ecleo guilty of killing his wife Alona Bacolod-Ecleo, a third-year medical student. 
Ecleo, the supreme master of the Philippine Benevolent Missionaries Association, was sentenced the penalty of reclusion perpetua or imprisonment of 20 years and one day to 40 years. He was also ordered by the court to award over P25 million in damages to Bacolod's family.


Mr. Ampatuan is the prime suspect of the "Maguindanao massacre" where 58 people were killed in broad daylight on November 23, 2009, municipality of Ampatuan, Maguindanao. The victims were the family members of his potential political rival for Governor of the province in the 2010 elections, plus members of media, and some ordinary citizens whose vehicles accidentally followed the vehicles of the victims. The other suspects of the heinous crime were his father, then Governor of Maguindanao at that time, Andal Ampatuan Sr., and other siblings. Below is among the most recent stories about the case.

http://ph.news.yahoo.com/philippine-massacre-witness-dismembered-lawyer-082829546.html

Philippine massacre witness dismembered: lawyer



A man who testified in court on the Philippines' worst political massacre was found dead "probably chain-sawed to pieces" in a killing meant to silence other witnesses, an official said Friday.
Esmail Amil Enog went missing in March after he spoke in court last year about the alleged role of a powerful political clan in the November 2009 murders of 57 people, prosecutor Nena Santos told AFP.
"The body was put in a sack and it had been chopped up, probably chain-sawed to pieces," Santos said, declining to give further details about when and where the body was found as it might endanger lives.
"If we mention someone he might also end up dead."...


Mr. Reyes is accused of the murder of environmentalist-broadcaster Gerry Ortega in January 2011. He has been hiding for several months now and has been declared a "fugitive" by the police and DILG Secretary Robredo. Here is one report about this case.

http://www.gmanetwork.com/news/story/253314/news/nation/govt-declares-murder-suspect-and-palawan-ex-gov-joel-reyes-a-fugitive

Govt declares murder suspect and Palawan ex-Gov. Joel Reyes a fugitive

 March 30, 2012 3:55pm

(Updated 5:23 p.m.) The Philippine government on Friday declared former Palawan Gov. Joel Reyes a fugitive in connection to the 2011 killing of environmentalist and broadcaster Gerry Ortega.

"He is a fugitive now... I have already organized a team to track him down," Interior Secretary Jesse Robredo told GMA News Online.

Reyes should come out and surrender because hiding would not resolve the murder case against him, the Interior secretary said. Robredo issued the appeal once again to Reyes on Friday...
Reyes, his brother Marjo Reyes who is the mayor of Coron town in northern Palawan, and two others are wanted for the Jan. 24, 2011 killing of Ortega in Puerto Princesa City....

Rule of men, not rule of law.  This is what these accused or convicted criminals and their supporters/followers want. By running away from their case (Mr. Ecleo and Mr. Reyes) instead of facing their accusers in court, they make a mockery of the justice system in  the country. And the Philippine government, through the Philippine National Police (PNP) and other local government officials, is showing its inefficiency in promulgating the rule of law, the longer that these and other accused criminals are not arrested.
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See also:
Criminals 1: Killings in Thailand and Military Crackdown, April 16, 2009
Criminals 2: Pakistan, the Criminal state, August 17, 2010
Criminals 3: Kidnappers in Government, August 24, 2010
Criminals 4: Hostage-taking of HK Tourists in Luneta, August 31, 2010
Criminals 5: One Year of Maguindanao Massacre, November 23, 2010 
Criminals 6: Bukas-kotse Gang in QC, January 19, 2011
Criminals 7: Illegal Drugs and China Execution, April 01, 2011
Criminals 8: Extortion Culture in the PNP, June 13, 2011
Criminals 9: Crime Wave in Metro Manila?, August 10, 2011
Criminals 10: London Riots, August 10, 2011
Criminals 11: Kim Jong Il, North Korea, December 20, 2011

Monday, August 29, 2011

Pilipinas Forum 1: Crime and Punishment

Pilipinasforum@yahoogroups.com, the beloved discussion group that I and friend Monching Romano created in 1999, will turn 12 years old later this week. I will post some of the collated exchanges here. The exchanges are long, grab your favorite snacks and enjoy the witty and serious discussion here.
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This was posted in inq7.net/Viewpoints, June 3, 2001

On Punishment and Fairness

Re. Erick P's idea to raise the cost of corruption, reinforced by Vikki's posting that "if the penalties of imprisonment under the tax law were really executed--there would be less BIR people inclined to be corrupt or less taxpayers who would dare evade taxes." Since we have the death penalty in place, we only have to turn a few knobs more in our execution parameters, say, instead of lethal injection, corrupt BIR people can be given a special treatment, that is: death by garrote on national TV. A close up shot on face of the erring taxman is highly recommended to capture on screen and successfully etch on the minds of future evil-doers that this is what is in store for them.

If we are lucky, we will only have to do this once. If the cost of corruption is this high, in terms of pain and humiliation down the family line, then the applicability of Erick's economics of corruption shall be forever in the mainstream of fiscal policy and tax collection solutions. The reason why the death penalty is not working is that the execution procedures have been glamorized. But if you do it the gory way and show it from batanes to uruguay, the death penalty is going to work.

–Ozone Azanza

Let us not kid ourselves a moment more. We must move beyond DISCOURSE to RECOURSE and indeed truly make EXAMPLES of these vile villains if we are to retain even a modicum of that creature we call the Dignity of Man. Let us then enable ourselves as is our right of recourse, to disable, decapitate & discombobulate these evil disabling elements and trust me as you would our Grand Inquisitor Ozone Azanza de Torquemada when he says: "Death by garrote on national TV...”

Blood & gore, pain & humiliation and death because of taxes. Yan ang SAMPOL. My dear friends, only through this action alone will we ever see the light where we gladly all shall pay it again and again and again.

–Sam Aherrera

I know and I can sincerely relate with the frustration that we all have with regards to our present system be it tax or whatever, as clearly espoused by the different posts of esteemed people of this forum. However, as we are indeed aspiring albeit sometimes half-hearted citizens as Sampler Sam so perfectly puts it, I found it rather contradictory that we would having these sort of solutions, SAMPOL according to Sampler Sam, to our already impossible problems.

Forgive me if I seem too soft on this issue, but what is justice if its meted out with such cruelty to so appear fearful and as such strike fear in the hearts of the citizens in a society where it is tasked to keep order. Because it does not matter that only the guilty will surely feel that fear, human systems are inherently prone to fault, and thus to abuse. What is then to be our difference with the heartless dictatorial systems of our materially successful East Asian neighbors? Surely, only the material success. Peace!

--Anna Liza Su

What is Fairness that it escapes us?
Fairness be good,
fairness be just,
for vengeance and
revenge do we not lust?

Punishment in the hands of God will always be a mystery. Punishment in the hands of men will always be questioned for fairness. But my thesis today is not about whether the very act of Punishment is fair or not. Rather I ask, FOR WHAT END is Punishment meted out? That for me defines the fairness of Punishment.

Punishment will never restore what is lost with the crime committed -- whether that lost was life, property, or trust. Never. Therefore, punishment is not restorative. But it is. Because punishment restores our trust in law and order, in the justice system. That is the only thing that Punishment can restore. If the Punishment does not achieve that purpose, to restore our trust, then even that Punishment has failed us.

Punishment carried out in this respect is Fairness. Only when it is abused does it become unfair.

Again I ask, for what end is punishment meted out? If it will rid our country of corrupt civil servants and politicians; if it will expose those who abuse the trust of the People; if it will stop the rape of our daughters and the murder of our sons -- then it is fair. Then it is just. But, it has to be sweeping. All those found guilty, whether by law or by circumstance. And consistent -- the same chopping board and rusty butcher's knife for a fallen president and for a government cashier.

--Aspiring Citizen Kori Coronel

Wednesday, August 10, 2011

Criminals 9: Crime Wave in Metro Manila?

My friend and fellow UP alumni, Malou Tiquia, wrote this in her facebook Notes last week. I am reposting this with her permission.
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Robbery on the rise, better arm yourself!
by Malou Tiquia on Saturday, July 30, 2011

I have not been a respondent of SWS or Pulse but I have been on the recieiving end of malefactors prowling in the metropolis. First was in 27 December 2010 coming from a briefing for a client in Makati. Since it was holiday season, I allowed my driver to go home early and I just drove myself to the vet. using my personal vehicle. I rushed to my vet because my beagle, Rotte, had an emeregency. In less than 5 minutes, my vehicle's glass window, back of driver's, was cut by a diamond cutter. They carted away with 2 MAC laptops, my bag with cash, cards and jewelry, an overnight bag of my colleague as well as her bag, also with money cards and cellphone. That happened along Visayas Avenue. It was even reported by Ellen Tordesillas. Barangay was not of help. The police just got the details for the blotter and issued a report for use in credit card companies and replacement of govt issued ID cards. "Wala tayo mam magagawa." Amazing!

Last May 2011, a break in took place in my Mom's house along Banawe, QC at 12 noon! My mom and our kasambahay just stepped out to buy something and the perpetrator/s ransacked our house taking away jewelries and other valuables. I lost 5 wrist watches. Police came, SOCO came blah, blah, blah, nothing happened.

Then on 27 July 2011, I arrived 8:00 pm to my condo unit along P. Guevarra, San Juan with its main door and rooms pried open. The perpetrator/s took jewelries, watches and credit cards. According to the police, another unit was broken in ahead of mine but nothing was carted away. Worst, the perpetrator already used my Metrobank credit card before I learned of the break in and cancelled my cards. Metrobank says there is a 30k floating charged that day. When I asked why should I pay for it, Metrobank customer relations said that is the procedure. Go to hell Metrobank! Good thing the merchant where the other card, Citybank, was used retrieved my card when the person failed several times to copy my signature. Citybank immediately called and inquired. Thanks Citybank. I am hoping something happens here because the San Juan police appeared to be more "in the case" than the first two. I hope for an immediate resolution. My friends were telling me I should arm myself. I am seriously thinking of doing that. Wala ka na pala ngayong maaasahan.

These never happened to me under any admininstration. Only in the present one where there seems to be a total breakdown in peace and order. Go figure. The head of NCRPO taunted the whole wagon or criminals when he said "subukan nyo kami." O general, sinusubukan na kayo, anong nangyari sa yabang nyo?

I feel abused and violated so beware!!!
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Today, I applaud the PNP, one of those rare instances.

Carnappers Killed, Hoorray to the Police

I firmly believe that the main function or role of the state, or government, is to promulgate the rule of law. The law against killing, law against stealing, carnapping, land grabbing, extortion, rape, arson, destruction of property, etc. The state should focus on that and only when it has done well on this work, the state may dip its hands on many other sectors, like providing endless subsidies that require endless taxes or endless borrowings.

I have earlier criticized the Philippine National Police (PNP) as being saddled with an extortion culture among its ranks. Then a friend personally experienced several robberies -- her car window was broken and thieves carted off 2 laptops, her bag and other valuables inside the car; her mother's house was attacked by thieves, and her own condo unit was also entered by other thieves.

Today, I applaud the PNP. They have killed a number of bad guys in society. Early this morning in Quezon City, Metro Manila, they killed 5 carnappers, those guys who steal your car while you're asleep or in a meeting, or pointing a gun at you and will not hesitate to kill you if you don't give them your car. Report said the criminals belonged to the "Lintag Gang". See one report here, 6 suspected car thieves killed in QC, Makati encounters.

Also early this morning, the police also killed one carnapper in Makati. Our office is in Axa building, Buendia, Makati City. The scene of the shootout is just across the street below the building, beside a creek near Makati Medical Center (MMC).

When I came to office this morning, there was super-heavy traffic along Buendia, Ayala, Malugay, Yakal, Pasong Tamo and nearby streets. Makati police has cordoned off the areas in front of Makati Fire Department, again, just below Axa building on the other side. One of the criminals did not escape and tried to run away. There was heavy shoot out around 7:40am, and the criminal hid in the creek just below Axa and Makati Central Post Office.

Around 9:30am, the cordon was lifted by the police. I thought that possibly they already got the criminal.

Hoorrayyy to the PNP, at least on this achievement. Focus your energy and resources in going after the bad guys. Give us ordinary citizens, peace of mind. Many of us, like me, are non-gun owners and have no intention of getting a gun. It is hard to confront those armed criminals. Run after them, give them hell. And stop the extortion culture among your ranks. We do not pay taxes for you to cuddle those extortionists.
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last February 3, 2011, I wrote this:

Privatization of Peace and Order

The recent bus bombing in Makati (terrorism threat) and various robbery scandals involving high police (PNP) and military (AFP) officers (corruption threat) has refocused public attention on those two biggest armed agencies of the Philippine government.

If we look around, we will notice that the real work of maintaining peace and order, of protecting private property, lies with private security agencies now, not with the PNP or AFP. Who guard our buildings, condos, villages, shops, malls, schools, banks, churches, trains, bus stations, airports, seaports, concerts? ALL are protected by private security guards. The peace and order function of society has been greatly privatized for many years now, and we keep paying huge taxes to maintain huge bureaucracies that are more active and visible in protecting top politicians like fielding those officers in anti-street demos, in guarding political VIPs on the roads, even escorting funerals by some influential people.

The AFP and PNP, if they are indeed sensitive, should be insulted and ashamed that while they receive hundreds of billions of pesos of tax money every year, taxpayers and owners of those establishments do not run to them for their personal protection. They run to the PNP only after a serious crime has been committed, like murders and bombings.

Many PNP and other government personnel are sometimes busy with street extortions like flagging down motorcycle riders who do not have helmets, flagging down "colorum vehicles" that provide transportation to people during rush hours, etc. While a number of AFP and Defense (DND) officers are busy producing bogus receipts for their huge claims and rackets.

The PNP especially should really assert its primary role as protectors of ordinary citizens against thieves and snatchers, killers and murderers, kidnappers and carnappers, rapists and women traffickers, bombers and land grabbers, and many other criminals.

The poorer the record of the PNP against those criminals, the bigger will be the number of private security guards that we will see.
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See also:
Criminals 7: Illegal Drugs and China Execution, April 01, 2011
Criminals 8: Extortion Culture in the PNP, June 13, 2011
Lacking citizen protection, yet hiking govt fees

Monday, June 13, 2011

Criminals 8: Extortion Culture in the PNP

Yesterday, Sunday midnight (June 12) around 1:20 am, I was standing in front of Five Star Bus' Cubao Edsa terminal, waiting for a bus going to Alaminos-Bolinao. There was an old Santrans Bus parked outside the Five Star terminal (I think Santrans does not have its own terminal). Then a Quezon City (QC) police car came and stopped in front of the Santrans bus. The barker (someone calling for passengers) or a conductor of the bus approached the police car, talked to the policemen briefly, within a minute, the police car went away.

A few minutes later, another QC police car came, and the same scene. Santrans barker or conductor would talk to the policemen, and they would go away. And then another QC police car after a few minutes.

I finally got a bus around 1:45 am. Within 25 minutes that I was standing there, I saw 3 different QC police cars trying to "apprehend" the bus driver for illegal parking or whatever traffic rule/s violated near the Five Star bus terminal.

I did not hear or see money changing hands, but in those 3 cases, I suspected that the barker or conductor simply gave money to the policemen in exchange for non-apprehension because the policemen would just go away within a minute (or less) of talking to the barker.

I came back that night, last night, took Five Star bus. My bus reached Cubao area around 11 pm. I asked the driver and conductor if I can get off at Estrella, Edsa Makati, they said yes. It is not a designated bus stop for provincial buses, but at Sunday midnight (or perhaps anyday midnight), there are no more MMDA personnel watching provincial buses. And there is no more traffic congestion at that time of the day too.

The bus stopped at Estrella but before I could get off with my baggage of farm products (banana, avocado, santol, guyabano, in one sack) to take a taxi from there, a Makati police car incidentally was trailing my bus. As usual, they stopped, called in the driver. The driver talked to them, and in less than a minute, the driver got back to the bus, but looking a bit angrily at me. I said sorry to him.

But here's the kicker: Just about 10-15 meters from where my bus stopped, there was an accident. Two SUVs had a minor collision -- one car bumped another car in front of it. Two more SUVs, perhaps friends of one of the parties involved, were parked with headlights and hazard lights on, on the 2nd inner lane. So there were four SUVs parked in one lane of Edsa last night, a light traffic build up resulted as all the other motorists slowed down to see what happened to those parked SUVs in the middle of Edsa. The Makati policemen did not go to the site of the collision, they simply went away after the bus driver talked to them. I suspected another extortion in exchange for non-apprehension.

My fault and my regret that I did not take down the body number or plate number of the police cars that I suspected were used for small-scale extortion.

One rule or prerequisite for bureaucrats and extortionists, is to have as many NOs, restrictions and prohibitions as possible. From no killing to no U-turn, no left turn, no parking, etc. More prohibitions means more chances of people violating those rules. When caught, violators like drivers of public vehicles would normally plead with the apprehending policemen. The latter may settle for small or big amount in exchange for non-apprehension.

I know that some readers will retort, "You consistently argue for the rule of law, now that the rule of law is being implemented, you complain or suspect of 'extortion.""

Sure, I consistently argue for the strict promulgation of the rule of law. No killing, no stealing or carnapping, no kidnapping or rape, no shooting or stabbing, no arson or bombing, no land grabbing, etc. will be allowed. There are grave punishment for violators of those laws and prohibitions. The law applies to all and exempts no one.

But one important factor for the rule of law to be successfully promulgated, is that the laws should be as few as possible. People will then easily remember those few prohibitions and restrictions, and they will be aware of the consequences of violating those prohibitions. People cannot remember hundreds, if not thousands, of rules and restrictions made by both national and local government units.

Policemen are mandated by law to quickly investigate cases of road accidents or related incidents, big or small. Why did the Makati policemen not investigate the collision between those 2 SUVs? And why did they apprehend the bus driver for such a minor "crime" of unloading a passenger in a non-designated bus stop at midnight?

The quick answer, I guess, is that there is additional work for policemen who will investigate a road collision. while there is zero additional work for apprehending a bus driver for such minor violation while there is possible extortion money involved.
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Last June 15, 2010, I wrote this:

Statistics and the State

There is one adage, "what you cannot measure, you cannot control." Hence, many people who want to control something gather as many information as possible on those things, or other people. Since the business of BIG governments is to regulate and regulate, there is big penchant to gather as many statistics about people and their activities.

A friend commented that for government, crime stats are important for the law enforcers to determine strategies how to control crime.

There is one important function of the state -- that is why I do not believe in "zero govt", only "lean or minimal government" -- to over-regulate, over-spy, ove-chase, even over-kill criminals: killers and murderers, thieves and robbers, kidnappers and carnappers, rapists, terrorists and extortionists, landgrabbers and professional squatters, etc.

So if government is to collect all sorts of information about criminals, even about ordinary people like you and me so the government can sort out past and future criminals, I support the State and its statistical gathering of info for all citizens.

What I cannot support is when the government, both national and local, implicitly look at entrepreneurs and job creators as potential criminals, that's why they consider that it's a crime to start a business unless the entrepreneurs will secure first dozens of signatures and permits from the government.
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See also:
Criminals 3: Kidnappers in Government, August 24, 2010

Wednesday, January 19, 2011

Criminals 6: Bukas-kotse Gang in QC

My friend, Malou Tiquia, was victimized by "bukas-kotse gang" just recently. Below are her postings in facebook. I am posting this with her permission, to help warn other people. The picture below I got from one facebook user, just to provide an image of those thieves. So guys, feel free to forward this story to your friends too.

If you park along Visayas Avenue be careful in leaving things inside your vehicle. I was just out of range for 5 minutes and bukas kotse gang got everything inside my vehicle including things of no use to them. Problem PNP is so inutile! "marami nang nagyari" pero wala silang ginagawa. And the barangay in the area was of no help. No CCTV too. Calling on Bacalzo and Mayor Bistek!

pati nga FGD report ng client ko and my notebook where I jot down notes kinuha. Make up kit tinangay, my whole bag with wallet, cards and everything, 2 laptops bec we just came from a briefing of a client ha. I just stopped to check on my beagle who was rushed to the Vet. Grabe!

It was an old fiera with 2 guys pretending nasira sasakyan nila. They opened the hood tapos tapak ng tapak sa gasolina kaya di narinig ang pagbasag ng window sa likod ng driver. And I decided to drive myself this time kaya di ko kasama driver ko. talagang sandali lang. Well lighted and lugar, nasa harap ng gate ng vet, may Ferino's bibingka sa left side at sa right naman ay Tapa King at Pizza Hut. Kaya ingat. Hear Gaita Fores' vehicle was carnapped in Makati, Ano ba naman!

wala na talagang pinipili well lighted at guarded o sa dilim. Lesson learned: 1) huwag laging handa ang bag nating kababaihan na lahat ilalagay mo; 2) huwag magdala ng laptop na iiwan mo sa kotse kahit 60 sec ka lang na mawawala; 3) huwag ilagay sa isang wallet ang lahat ng cards - govt issues, air mileage, credit cards, etc.

Ang profile daw na tinitingnan e kapag babaeng bumaba sa sasakyan at bihis at walang dalang bag, ibig sabihin iniwan ang bag sa kotse.

authorities? wala lang gumawa lang ng police report para sa insurance ng sasakyan ko. Nagulat sa daming nawala at nagkwento pa na previous to my experience a DENR director loss his govt issued laptop. Bumaril na sa ere yung guard ng establishment dahil huli sa akto pero tinutukan sila...wala silang nagawa...total breakdown na ata ito!


I think that thieves and criminals like them are able to operate because the police are busy with some petty things, like flagging down motorcycle drivers who have no helmets, apprehending number-coding vehicles, those turning right on red lights and other petty concerns where violaotrs are likely to compromise with a bribe.
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See also:

Tuesday, November 23, 2010

Criminals 5: One Year of Maguindanao Massacre

Today will be the 1st year anniversary of the heinous "Maguindanao massacre" where 57 people were killed in close range, in broad daylight, by the Ampatuan clan of Maguindanao province. The victims were the family members of a rival but smaller political clan of the Ampatuans, the Mangudadatu, their friends, members of media who accompanied the group, and some hapless civilians who just happened to pass by.

That news was so gruesome, so sick, it was picked up by the international media. A number of my friends from the US, like good friends from Atlas then like Jo Kwong, immediately wrote to me to ask if I was alright as some international media reports did not specify that the massacre occured several hundred kilometers south of Metro Manila.

This was my reply to them, 3 days after the massacre:

Hi Jo and all,

Thanks for the note. The massacre happened in Maguindanao province, in the southern island of Mindanao. It's far from Manila, so we are ok.

It's pure rule of men, zero rule of law. The perpetrators, the Ampatuan family, are an "untouchable" political clan in the province. The governor ran unopposed, his 1 or 2 sons are mayors of other municipalities in the province.

The President has big political debts to that clan because the latter cheated super big time in the last 2007 elections and delivered all the votes for the administration. For instance, that province delivered 12-0, meaning all 12 Senatorial candidates of the administration won, whereas in the overall result, only about 4 administration senatorial candidates ultimately won.

So 4 days after the massacre, 57 bodies so far recovered, there should be more, 18 were media people. Some victims were tortured. For instance, the wife of the politician intending to run for governor and challenge the Ampatuan clan, was severely tortured. Pardon the graphics but this is how barbaric those thugs are: They slashed her organ several times, slashed her breasts, gouged her eyes, shot her mouth and head, chopped the feet, etc. The sister and niece of the potential candidate suffered tortures as well, before they were killed.

A group of innocent motorists who were unlucky to be following the 5-cars convoy of the victims by just a few minutes, were also killed. One car contained all employees of a municipal hall in the nearby town.

So far, not a single arrest was made! Not a single arrest warrant was issued! Despite the fact that there should be several dozen armed men who commited the massacre, including local policemen and local militias. Despite the fact that a provincial backhoe was used and left on the graveyard.

The 57 bodies plus at least 3 vehicles were buried deep in an isolated place using a backhoe owned by the province, with the name of the provincial governor, Mr. Ampatuan, boldly painted in it. When the army came looking for the missing convoy, the operators of the backhoe and the armed men fled.

Almost everyone here in the Philippines is angry, especially the media. The Federation of Intl Journalists has declared yesterday that in terms of threat to media and casualty of media people, Philippines is now 1st, Iraq is 2nd.


A few weeks after the massacre, Mr. Andal Ampatuan, the main suspect as the one who ordered the massacre, the son of the Governor then, and purported to run for Governor to replace his father whose 3rd term was going to expire, was arrested. Several other Ampatuans were arrested in the succeeding weeks.

But still, the rule of law still has to be promulgated in this case. Slow procedures in the justice system, the perpetrators have not been convicted with finality.

The rule of men -- men who are above the law, people who are exempted from the elementary laws against killing, against massacre, and there are people in government who made such exception -- still prevails.

The sooner that this case is closed, that the perpetrators are convicted and given the maximum penalty, like being sent to the electric chair and electrocuted to death publicly, the clearer the signal that the current administration is serious in promulgating the rule of law.
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See also:
Criminals 1: Killings in Thailand and Military Crackdown, April 16, 2009
Criminals 2: Pakistan, the Criminal state, August 17, 2010
Criminals 3: Kidnappers in Government, August 24, 2010
Criminals 4: Hostage-taking of HK Tourists in Luneta, August 31, 2010