My personal stand as regards to the ANTI TERROR LAW of the PHILIPPINES

With the prevalence of terrorism around the world, wherein the Philippines is not exempted, there is a necessity for the state to defend its citizens from the dangers of terrorism. Terrorism is like wildfire spreading in all four corners of the world, ergo it must be stopped. To stall the possibility of another 9/11 BOMBINGS, RIZAL DAY BOMBING, ZAMBOANGA SIEGE, MARAWI SIEGE, and/or IPIL SIEGE, the government or any government of any state of the world must take any step to deface terrorism.

As can be seen from the developments in the countryside, terrorist groups are now

mushrooming in the country inasmuch as the same are sprouting worldwide, and such terrorist groups are doing damage not just in the Philippines but almost in all of the four corners of the world. The Abu Sayyaf has long been sowing terror in the island of Mindanao and a new terrorist group known as the Bangsamoro Islamic Freedom Fighters (BIFF) is also destroying any effort of the government for lasting peace in Mindanao. The New People’s Army (NPA) which was declared by the international authorities as a terrorist group, has been pestering the Philippines since 1969, and these security problems need to be stalled if not, be minimized by way of passing a law that would address the same.

The terrorist groups in the Philippines especially the Abu Sayyaf, are also funded by international terrorist groups like the Jemaah Islamiya, and the damage they are causing against the people would be greater if the same would be unchecked, in conjunction, it seems like a passage of a law which may mitigate the sponsorship by international terrorists as regards the establishment of local terrorist groups in the Philippines is a necessity.

The factors that I have discussed above may be the reasons why the Philippine government has espoused for the passage of the ANTI TERROR LAW, which was sponsored by the very illustrious former crime-fighting police general, now Philippine Senator Panfilo Lacson. The purpose of the said law is noble but in the midst of the alleged government atrocities committed against some concerned citizens like the cause-oriented groups such as the concerned Filipino farmers’ unions, concerned Filipino teachers’ associations, concerned labor groups, concerned Filipino fisherfolks organizations, concerned human rights defenders … the ANTI TERROR LAW may or can be used against them by suppressing their constitutional rights to air their grievances against the government or to curtail their constitutional rights to life, liberty, property, privacy, assembly, and expression.

As we have seen in the recent months after the ANTI TERROR LAW was passed and was questioned before the Supreme Court by many concerned freedom fighting lawyers ... many human rights activists, human rights lawyers, and cause-oriented individuals were unfairly extrajudicially charged of being communists or being red-tagged by some appointed government officials, eventually, some of them were executed by some uniformed men for being “rebels” and for having allegedly fought with the arresting officers. These reprehensible incidents would be connected one day in the abuse of the ANTI TERROR LAW because the ones being executed who were human rights lawyers, human rights activists, and cause-oriented individuals were being tagged as communists, or rebels, or related to the Communist Party of the Philippines or the New People’s Army being classified by the international authorities as TERRORISTS.

After having scoured the ANTI TERROR LAW, I have discovered many constitutional defects in it. I also have found provisions in it that would contravene to some existing penal laws especially the Revised Penal Code.

After having examined the very dreaded law, I have found the defects in it which I would like to discuss further below and they are the following: 1.) Section 4, paragraphs a.,b., and c., a provision of the said law which provides for ACTS OF TERRORISM which are very broad; 2.) Section 4 also amended the humane provisions, which are Articles 29, 94, 97, 98, and 99 of the Revised Penal Code 3.) Section 9 prohibits speeches, proclamations, writings, emblems, banners, or other representations tending to promote “terrorism”; 4.) Section 29, a provision of the very controversial law that provides for arrests or detention without the benefit of a judicial warrant and provides further for at least a 14 day to a maximum of 24-day detention of an accused before a case may be filed in court; 5.) Section 35 which gives so much power to the AMLC or the Anti Money Laundering Council to investigate the bank accounts of suspected terrorists and 6.) Section 36 which gives power to the AMLC or the Anti Money Laundering Council to freeze the accounts of the suspected terrorists for 20 days.

Let me discuss in brief the very questionable provisions of the ANTI TERROR LAW why the same are unconstitutional if not against the conscience of one’s humanity viz:

1.) Section 4. Terrorism, subject to Section 49 of this Act, is committed by any person who within or outside the Philippines regardless of the stage of execution:

a.) engages in acts intended to cause death or serious bodily injury to any person, or endangers a person’s life;

b.) engages in acts intended to cause extensive damage destruction to a government or public facility, public place, or private property;

c.) engages in acts intended to cause extensive interference with damage or destruction to critical infrastructure;

These provisions of the ANTI TERROR LAW are overbroad because the acts enumerated in the said provision can be done without being engaged in terrorism, simply put, these acts may be done not in consonance with doing terroristic acts but in doing common crimes only.

What is very sad with this provision is, the acts done relatively with this provision regardless of the stages of execution is punishable by life imprisonment, meaning even if the crime was committed on its ATTEMPTED and FRUSTRATED stages, it is still punishable by LIFE IMPRISONMENT as if the acts enumerated under Section 4 paragraphs a.,b., and c., were CONSUMMATED, hence once can therefore conclude that it is an unfair provision of the law because it punishes the suspects involved in attempted, frustrated and consummated stages of terrorism which are not in line with the essence of the Revised Penal Code of the Philippines;

2.) Part of Section 4 of the Anti Terror Law amends Articles 29, 94, 97, 98, and 99 of Act No. 3815 as amended, otherwise known as the Revised Penal Code.

Article 29 of the Revised Penal Code provides for the preventive imprisonment of an accused or a convict, as a rule, offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with one half of the time during which they have undergone preventive imprisonment, except in the following cases: 1.) When they are recidivists or have been convicted previously twice or more times of any crime; 2.) When upon being summoned for the execution of their sentence they have failed to surrender voluntarily and 3.) When they have been convicted of robbery, theft, estafa, malversation of public funds, falsification, vagrancy, or prostitution.

Amendment of the said provision as regards the violation of the ANTI TERROR LAW would be unfair to the would-be suspects of the Anti Terror Law being in custody who may avail from the benefits of preventive suspension which can be deducted from term of imprisonment if ever he/she can be convicted for violation of the Anti Terror Law. It is my humble view, therefore, that it violates Art. 3, Section 1 of the Philippine Constitution which says in part “ No person shall be deprived of his life, LIBERTY or property without due process of law” because amendment of the said provision of the Revised Penal Code denies the right to liberty of any offender of the ANTI TERROR LAW to avail the benefits for the preventive imprisonment of an accused.

Amendment of Articles 94, 97, 98, and 99 of the Revised Penal Code as regards violation of the ANTI TERROR LAW is also unfair to an offender who has behaved well inside any jail or criminal rehabilitation facility, for not giving good conduct allowances which a culprit earns while he is undergoing preventive or serving his sentence, the same is in my view, also tantamounts to a denial of liberty to a suspect without due process via the amendment of the same through the ANTI TERROR LAW;

3.) Sec. 9. Speeches, proclamations, writings, emblems, banners, or other representations tending to promote terrorism, shall suffer a penalty of 12 years.

This provision of the ANTI TERROR LAW is crystal clear, unconstitutional for being repugnant to the constitutional provision which promotes freedom of expression and of the press. This provision must not be given enough teeth and/or legal force and effect on two grounds: 1.) It tramples on the right of every individual Filipino citizen to freedom of the press and expression, and 2.) The definition of terrorism in Sec. 4 is overbroad, hence must not be given any legal weight or merit.

The same provision must or can also be declared unconstitutional because of the FACIAL CHALLENGE DOCTRINE. A facial challenge is allowed to be made to a vague statute and to one which is overbroad because of the “chilling effect” upon protected speech. The theory is that “when statutes regulate or proscribe speech and no readily apparent construction suggests itself as a vehicle for rehabilitating the statutes in a single prosecution, the transcendent value to all society of constitutionally protected expression is deemed to justify allowing attacks on overly broad statutes” -- concurring opinion of Justice Mendoza in Estrada vs. Sandiganbayan, 2001, cited in Southern Hemisphere Engagement Network Inc. vs. Anti-Terrorism Council, G.R. No. 178552, 2010).

4.) Section 16. Surveillance by the government agents as against the suspected terrorists. Government agents can have surveillance against the suspected terrorists by wiretapping the mode of communications of the terrorist suspects through a court order from the Court of Appeals.

While it is true that all surveillance/s through wire-tapping against the suspected terrorists must be done through the rigors of judicial orders, thus, it implies that there shall be a judicial determination first maybe by having secret hearings or vigorously questioning the applicants for surveillance orders by a justice of the appellate court, before a magistrate of the Court of Appeals issues the said order/s, yet this provision of the ANTI TERROR LAW, the mayor can be abused by the government agents without resorting to application for surveillance before the Court of Appeals. Surveillance by wire-tapping without orders from the appellate court constitutes a violation of the constitutional right to privacy by an individual.

5.) Section 29. -- The provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding, any law enforcement agent or military officer, who has been duly authorized in writing on the ATC has taken custody of a person suspected of committing any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Act, shall without incurring criminal liability for delay in the delivery of detained persons to the proper judicial authorities, deliver said suspected person to the proper judicial authority within a period of fourteen (14) calendar days counted from the moment the said suspected person has been apprehended or arrested, detained, and taken into custody by the law enforcement agent or military personnel. The period of detention may be extended to a maximum period of ten calendar days if it is established that 1.) further detention of the person/s is necessary to preserve evidence related to terrorism or complete the investigation; 2.) further detention of the person/s is necessary to prevent the commission of another terrorism, and 3.) the investigation is being conducted properly without delay.

This provision of the Anti Terror Law clearly violates the DUE PROCESS CLAUSE of the Philippine Constitution as regards LIBERTY of a suspect, since under Art. 125 of the Revised Penal Code says that after the failure of the arresting officer to file charges in cases of arrests without the benefit of a warrant of arrest in court, after twelve (12) hours as regards crimes punishable by light penalties, eighteen (18) hours with regard to crimes punishable by correctional penalties and thirty-six (36) hours in connection to crimes punishable by afflictive penalties, the officer concerned can be charged for violation of the said provision of the RPC, thus, surplusage to what is being enumerated under Art. 125 as to when to file cases in court with regard to the kinds of offenses by the accused and its penalties (light penalties, correctional penalties, and afflictive penalties), constitutes a denial of liberty to the suspect and can be an actionable wrong against the arresting officer under the said provision of the Revised Penal Code.

Non-filing of charges in court against a suspect within fourteen (14) days from his/her warrantless arrest, which is extendable for a maximum period of ten days, a corollary to the violation of the ANTI TERROR LAW is too much and is a clear denial of LIBERTY of a person without due process of law.

6.) Sec. 35. The Anti Money Laundering Law Council is empowered by the ATL to investigate bank accounts of suspected terrorists or suspected sponsors of terrorism notwithstanding the existing banking laws like the Law on Secrecy of Bank Deposits as amended, Foreign Currency Deposit Act, and the General Banking Act.

Clearly, this provision of the Anti Terror Law violates the right to privacy of any individual, who is suspected of being a terrorist or a sponsor of terrorism. Investigating the bank account of an individual without its consent, and without respecting the banking laws which provide privacy to every individual who has bank accounts constitutes a violation of the constitutional right to privacy of every person suspected of being a terrorist or sponsor of terrorism.

7.) Sec. 36. The Anti-Money Laundering Council has the power to freeze bank accounts if there is probable cause that such bank accounts are maintained by terrorists or sponsors of terrorism.

This provision of the ANTI TERROR LAW is clearly a flagrant violation of the DUE PROCESS CLAUSE as regards the denial of one’s property without due process of law because it somehow confiscates a property of a person without court processes and hearings and also a violation of one’s constitutional right to privacy.

In view of the foregoing legal rationales and premises, I humbly believe and submit, that the ANTI TERROR LAW shall be abrogated for being unconstitutional by the Highest Tribunal of the land, the Supreme Court, for being overly broad, for being a material in violating the constitutional rights of individuals relating to privacy and for being violative to the due process clause of the constitution especially in the field of rights to liberty and property.

FIVE ARGUMENTS IN FAVOR OF THE UNITED NATIONS CONVENTION OF THE LAWS OF THE SEA (UNCLOS) LAW

1) As can be gleaned in the case of the Philippines vs. China at the Permanent Court of Arbitration under PCA case number 2013-19, the UNCLOS LAW is really a good international law that protects any country regardless of its size. In the said case, the Philippines became victorious over China as regards the territorial maritime dispute between the two countries, not to mention the Chinese influence over the international community because of its international political hegemony;

1) The UNCLOS LAW gives a demarcation line to every country with regard to its waters, such law limits other countries to infringe on the environmental laws of their fellow states as regards the Exclusive Economic Zone of each state; it also prohibits other nations or foreign nationals in infringing the customs, fiscal, immigration and sanitary laws of another state in its contiguous zone, the same also prohibits the infringement of municipal laws of a state by foreign nationals as regards to the territorial sea of the former;

3) The UNCLOS LAW provides or classifies the deep parts of the sea of every state well within its Exclusive Economic Zone like the continental shelf, continental seabed, and the like, and what are the territorial or economic right/s of every state over the said part/s of the deep sea of each state’s Exclusive Economic Zone, thus stifling other countries to illegally invade or use that territory of a state;

4) The UNCLOS LAW by way of its Art. 94 provides for respect of each and every flag state and every foreign vessel which enters the jurisdiction of each flag state by enumerating the rules for the harmonious relations of the flag state and any foreign vessel entering the territory of every flag or host state, such provision of the UNCLOS LAW in relation to the International Regulations for Preventing Preventing Collisions at Sea (COLREGS) also prevents any maritime accidents within the maritime territory of the flag state as against and between foreign vessels/ships;

5) The UNCLOS LAW which is an international law is actually one of the avenues in halting maritime, territorial disputes between countries, hence it is also an agent of peace because it puts every state not just to respect every fellow state's territory but also every nation’s sovereignty.

FIVE ARGUMENTS AGAINST THE UNITED NATIONS CONVENTION OF THE LAW OF THE SEAS (UNCLOS) LAW.

The UNCLOS LAW is not a perfect law, it has also some loopholes, Art. 298, Sec. 3 of part XV of UNCLOS provides “ A state party which has made a declaration under paragraph 1, shall not be entitled to submit to any dispute falling within the excepted category of disputes to any procedure in this Convention as against another state party without the consent of that party”, hence any state party may not submit itself to the Permanent Court of Arbitration in a territorial dispute with any state because of this provision of the UNCLOS. This provision of the UNCLOS was invoked by China when it decided not to face the Philippines in the matter of arbitral trial between the two countries as regards the West Philippine Sea and the Spratlys maritime and territorial dispute between the two countries;

The UNCLOS LAW can be easily ignored, in the case of the Philippines vs. China under PCA case number 2013-19, the same issued a position paper in December 2014 arguing that the maritime and territorial dispute between the two countries was not subject to arbitration because the conflict between the two was a matter of sovereignty and not exploitation rights;

It seems like the international laws including the UNCLOS LAW have no teeth as regards international political hegemons like China by not submitting to the international laws like the UNCLOS LAW and by diverting issues, like when China accused the Philippines of having voluntarily violated the Declaration on the Conduct of Parties in the South China Sea, made in 2022 between the Association of Southeast Asian Nations (ASEAN) and China, which stipulated bilateral negotiations as the means of resolving border and other disputes;

Art. 94 of UNCLOS, the leading provision of the said law as regards probable international collision at sea and the International Regulations for Preventing Collisions at Sea (COLREGS) the leading international law with regard to a possible international collision at sea are not given high regard by China when in one instance, a Chinese ship has rammed a Filipino fishing vessel somewhere off the coast of Mindoro, and when the Chinese Navy had a near shootout with the Philippine Navy at Scarborough Shoal which used to be a part of the (EEZ) Exclusive Economic Zone of the Philippines;

The UNCLOS LAW has no mechanism with respect to the execution of the decision/s of the Permanent Court of Arbitration as what everybody has witnessed in the victory of the Philippines over China, in conjunction with the maritime territorial dispute of the two parties.

THE ADVANTAGES AND DISADVANTAGES OF THE ANTI-TERROR LAW

 

ARGUMENTS IN FAVOR OF THE ANTI-TERROR LAW

With the prevalence of terrorism around the world, wherein the Philippines is not exempted, there is a necessity for the state to defend its citizens from the claws of the dangers of terrorism, thus the passage of the ANTI-TERROR LAW by the Philippine Congress is very commendable. Terrorism is like wildfire spreading in all of the four corners of the world, ergo it must be stopped. To stifle the possibility of another RIZAL DAY BOMBING, ZAMBOANGA SIEGE and/or MARAWI SIEGE, the government must take any measure to get rid of terrorism, and we must be very thankful that the ANTI-TERROR LAW was passed by the Philippine legislature in due time to address the national problem of terrorism.

As can be gleaned from the developments in the countryside, terrorist groups are now sprouting in the country as much as the same are mushrooming around the world, and such terrorist groups are wreaking havoc not just in the Philippines but all over the world. The Abu Sayyaf has long been rampaging in Mindanao and a new terrorist group called BIFF or the Bangsamoro Islamic Freedom Fighters is/are also destroying any effort of the Philippine government for lasting peace in Mindanao. The New People’s Army which was declared by international authorities as a terrorist group has been pestering the Philippine government and these security problems need to be stalled if not be minimized by way of the ANTI-TERROR LAW.

The terrorist groups in the Philippines especially the Abu Sayyaf are funded also by international terrorist groups like Jemaah Islamiya, and must be counteracted upon, otherwise, the damage it is causing against the people would be greater, in connection to this the provision of the ANTI TERROR LAW which provides powers to the Anti Money Laundering Council is but proper so that the suspects funding the terrorists existing in the Philippines be checked, if not be arrested and also as to weaken the local terrorists of the Philippines for it may defund the same.

As can be seen from the Declaration of Policy of the ANTI TERROR LAW, the purpose of the law is very noble for it aims to do the following a.) To protect life, liberty, and property from terrorism; b.) To condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people, and c.) To make any form of terrorism a crime against the Filipino people, against humanity, and against the Law of Nations.

The ANTI TERRORISM LAW provides for the punishment of the acts of terrorism, and any steps of anyone who supports the same which punishment may somehow slow down, negate if not destroy terrorism and the damages it may do for the Philippines and its people.

ARGUMENTS AGAINST THE ANTI-TERROR LAW

The ANTI TERROR LAW is a very dangerous law because it includes broad offenses like “engaging in acts intended to endanger a person’s life” and “acts intended to cause damage or destruction to a government or public facility, public place or private property” and such “overly broad offenses” are punishable by life imprisonment. The over broadness of the offenses can make legal acts within the ambit of freedom of expression, freedom of assembly, and other constitutional freedoms punishable. What is very sad with this is … the legal acts of one which become illegal because of the over broadness of the law is punishable by life imprisonment;

The ANTI TERROR LAW does not respect one’s privacy because it provides for wiretapping as one of the ways of gathering pieces of evidence against would-be suspects, hence one’s constitutional right to privacy cannot be invoked in this respect;

Section 29 of the ANTI TERROR LAW provides that in cases where suspects are arrested without warrant of arrest, the arresting agents or officers cannot be held liable for the delay of the delivery of suspects in court or before the judicial authorities as can be found under Art. 125 of the Revised Penal Code. This provision can be easily abused by the authorities because the agents or arresting officers may deliver the suspects to the judicial authorities within 14 days from arrest without a benefit of a warrant of arrest and can even be extended for another 10 days without filing cases in court;

Under Section 35 of the ANTI TERROR LAW, the Anti Money Laundering Council Authority is given the power to investigate, inquire into and examine the bank accounts of suspected terrorists or their supporters without or in the absence of Court orders. This clearly violates the DUE PROCESS CLAUSE of the Philippine Constitution, since the power to investigate, inquire into or examine the bank accounts of suspected terrorists does not follow hearing and notice processes of the courts;

The time within which to conduct surveillance against the suspects, as granted by the court (Court of Appeals) is too long, which is 60 days, and can even be extended for another 30 days. This leeway given to the authorities is too long and too much to gather evidence against the suspects, and may even be subjected to abuse on the part of the government agents or authorities.

UNPREPARED TO LEAD

Do you know why Duterte is failing as a president? It is because he lacks national leadership experience, he immediately pole-vaulted from the city mayorship to the presidency. City Mayorship is micro-politics while the presidency is macro-politics. How can Duterte be effective in diplomacy when there is no diplomacy in being a City Mayor? How can he be good in the economy when the biggest economic policy of a City Mayor is just even a pigment of that LONG TERM DEVELOPMENT PLAN of a City?

The election of Duterte to the presidency was actually recklessness on the part of the people who voted for him to the presidency when he lacked the proper experience in order for him to be a good president.

The story would have been different had Duterte prepared for the presidency like running, winning, and serving as a congressman, senator, or vice president, because these positions are actually good training grounds for the presidency since these positions are actually national elective offices. It is true that the position of a congressman is being elected locally but its functions are that of a national elective position since the same may make, alter or repeal laws of national importance.

That is the problem of Duterte he ran for the presidency without preparing for it, hence he is now managing the country as an unprepared national leader. Yes, he won the presidential contest but the question is did he effectively served the state? The answer is a NO because he did not prepare for it.

Duterte prepared to be City Mayor and never prepared to be president, therefore he is now running the country like a city being ruled by a City Mayor. His style of berating his critics is a typical style of a local politician, his penchant for rumor-mongering is actually a common local political strategy ... and that's what the people got for electing a local official directly to the presidency.

MIND CONDITIONING AND PREPARATION FOR AN ELECTORAL CHEATING IN 2022

By Bayawanon With the thousands of death by way of the extra-judicial killings in relation to the drug war, failed promise to end private labor contracts in the private sector, failed promise to lower the price of rice, failed promise to increase the salaries of the teachers and the government workers, failed promise to ease the traffic in the metropolis, failed promise to reclaim the WEST PHILIPPINE SEA, the spiking of the prices of basic commodities, the highering of taxes, the red-tagging, the extra-legal executions of many human rights lawyers and activists, the contribution spike re SSS monthly contribution, the mismanagement of COVID-19 pandemic in the Philippines, the Marawi Siege debacle and many other unsolved societal problems under the Duterte Administration ... Philippine President Duterte managed to have a 91 percent approval rating from the surveys.

The 2022 national elections are fast approaching, hence, it is but normal that survey firms would hold surveys in connection with the said elections, and Sara Duterte, the presidential daughter, a City Mayor of the beautiful and rich city of Davao would land number one in many surveys held by the survey firms, despite a lack of national experience and exposure, thereby thumping out Vice President Leni Robredo in the surveys, who is the front-runner of the national opposition and the leading frontliner in connection with national disasters like the typhoons and the COVID-19 pandemic.

The Commission of Elections (COMELEC) has long been prepared by Duterte for a possible victory of him or his protegee/s in the 2022 national and local elections by getting rid of former COMELEC Chairman Bautista, a former Aquino appointee, by threatening to file cases against him not in consonance with his functions as chairman of the powerful election body and for appointing his (Duterte) people in the COMELEC like its chairman, commissioners, and regional directors.

The facts enumerated and stated above are clearly preparations for the 2022 national/presidential and local elections cheating I surmise, and the 2019 senatorial and local elections were actually a dry run for massive electoral cheating in 2022 when the official slate of the main opposition called OTSO DIRETSO was flushed to the proverbial kitchen sink by way of that seven (7) hour glitch by SMARTMATIC the official electronic tabulator of the COMELEC.

The proofs stated in the first two paragraphs of this article can also be considered as a mind conditioning for the people to believe that Duterte and his party would win in the 2022 elections as a matter of fact Duterte has a very high approval rating and Sara Duterte would actually win the presidency, as a matter of fact, she is comfortably leading in many national surveys as a presidential front runner despite the dismal real performance of her father and her lack of national sightings.

The strategy of President Duterte in winning the presidency for his political party or to probably wipe out all of the political positions in the 2022 elections in favor of his well oiled political machinery can be historically gleaned in the 1986 presidential snap elections between Cory Aquino and Ferdinand Marcos, wherein Marcos was comfortably leading in the surveys despite his very poor human rights record and the national economic downturn during those times. The surveys were eventually confirmed by the election when Marcos would win in the counting of the votes but such win by Marcos would eventually torch a national display of discouragement by the people against Marcos for the past twenty (20) years of his presidency which resulted in national decadence by staging the PEOPLE POWER REVOLUTION.

For the opposition to stifle possible cheating by the current national administration in the next national and local elections in 2022, it must display a very strong drive for the political education of the electorate whose majority still believe in fake news and fake surveys. The opposition must and should exert all efforts to covet the presidency in the 2022 elections in the name of REAL CHANGE and for the Philippines to regroup and replan the development of the Philippines which slowed down via Duterte's election in 2016. So be it.

11

JUST SAYIN'

After the extrajudicial killings IN RE: DRUG WAR, the murder of the four Army soldiers at Sulu by the police, the killing of retired Army Corporal Ragos at the checkpoint, the beheading of a drug suspect by some police officers in Baguio City, the alleged rape of Ozamiz City Vice Mayor Nova Parojinog by a Police Colonel and the recent killing spree of a police officer in Paniqui, Tarlac, it is my humble view that the ranks of the Philippine National Police be purged.

We are living in a democratic country where the rule of law is respected, therefore the government must uphold the rule of law and apply the same equally. As regards the extrajudicial killings RE: DRUG WAR, the drug suspects must be given a day in court and be convicted and have a law passed for the existence of the DEATH PENALTY before executing them otherwise the execution of the same would be a great insult to that blindfolded lady justice bearing that weighing scale of justice and equality.

The killing of the four Army men in Sulu by the police and the sudden death of a war hero in the person of retired Army Corporal Ragos was uncalled for since the perpetrators of such reprehensible and forgettable criminal infractions were police officers themselves who were expected to be sober, proper and good implementors of the law and not a breaker of the same and the victims were also good agents of the government and of the state.

The alleged rape of Ozamiz City Vice Mayor Nova Parojinog while in custody by a Police Colonel was clearly and simply an act of a sex hungry individual who was just after for sexual gratification. It is true that Vice Mayor Nova Parojinog may have violated some penal laws of the state but that does not mean that she should not be respected as a lady and as a person. The act of Vice Mayor Parojinog's jailer is nothing but a bestial act, be frowned upon, and must be properly punished in the interest of justice.

The beheading of a drug suspect by the police authorities in Baguio City and the just recently devil may care killing of two unarmed persons by a Police Master Sergeant in Paniqui, Tarlac is testaments of police brutality and a disservice to the state. These inhumane violations of the police must be checked and be addressed since if these things are left unchecked, the Philippine National Police's would be tainted and would be relegated to a mere criminal syndicate and would not be properly respected and treated as a law enforcement agency.

Many had believed that with the doubling of the PNP officers' salaries, the police would deliver better as a law enforcement agency, but why is it that many of them are instead abusing power? Are we living under a POLICE STATE? Is the government of the Philippines a government of men and not of laws? I am just saying my thoughts worth ten cents.

THE BRIGHTER SIDE OF THE PANDEMIC

By Bayawanon

Nature is now getting back at mankind, there is global warming because man is cutting off the trees in the forests and establishes factories that pollute the air and the environment. COVID 19 virus came into existence because man eats bats and pangolins which produce the said virus. The global warming and the COVID 19 pandemic that man experiences nowadays are just the product of the former's abuse against nature.

Now, GOD is not letting these unfortunate things happen as a punishment against his sons and daughters (mankind) for he is good, clearly, it is nature that gets back at mankind as I've stated above. Granting that GOD lets these unfortunate things happen but he is not intending to punish us, he is just trying to fathom how patient we are in the midst of natural calamities and pandemic, and he is simply using these happenings for us to be PURIFIED.

The COVID 19 pandemic is an avenue for GOD in order for us to call his name, ask his forgiveness, ask his DIVINE GUIDANCE, and ask his succor. We should not let this pandemic pass by without being closer to GOD because this is the most opportune time for us to be nearer to him. If we cannot go to the churches for us to pray because of the virus, then we should open the bible, read the same and meditate from it. If we cannot go to worship places to praise GOD, then we may hear his good news by way of the online masses or we may pray the rosary at home with our family.

It is true that the pandemic is very damaging to people's health and to the world's economy but somehow it makes us more closer as people since we now have enough time to call each other, has enough time with our respective families and has enough time with GOD.

We should not just look at the dark side of this pandemic but we must also try to discover its bright side which would make us strong in one of the most trying times of our generation.

PLAYING FAVORITES?

President Rodrigo Duterte has told everyone that he had successfully dismantled an oligarch specifically the Lopezes by way of the closure of the ABS-CBN. As can be remembered from his platforms of government when he was still running for the presidency, he promised to get rid of oligarchy and to dismantle the same, sad to say he has dismantled an oligarch who was/is a dissenter to his administration and not an ally. If he is true to his promise in dismantling the oligarchs, then he should dismantle all of them and not the Lopezes only. He must stop playing favorites.

The Villars, Cojuangcos, and Dennis Uy are oligarchs, right? So why is it that he is not pressing them to the full when they are oligarchs? Why is he not giving them some headaches? Is it because they are friends or they have helped him win the presidency? Is it not that his statement in dismantling oligarchy in the Philippines was sweeping? Why is he now playing favorites by giving problems to his oligarch-enemies and by giving favors to his oligarch friends?

The first oligarch to fall under the Duterte presidency was Roberto Ongpin, a former Marcos crony who used to be the biggest shareholder of the biggest online gaming even before the Chinese POGOs came into popularity. Ongpin was shamed by Duterte via national television broadcast for being an oligarch, and without any delay, the former divested from the said online gaming business and sold his shares to a Duterte ally by the name of Gregorio "Greggy" Araneta also an oligarch and a son in law of former President Ferdinand Marcos. This example is actually evidence that the president is getting rid of an oligarch in favor of another oligarch.

Why is he giving favors to his political backers like Sen. Koko Pimentel and his police big whigs like Maj. Gen. Debold Senas who were not sued for violating COVID 19 quarantine protocols but orders the arrest of ordinary people who violate the quarantine protocol. Is justice selective under his watch or is he just playing favoritism?

Does his battle cry TAPANG and MALASAKIT only selective to the extent that he is only courageous and strict (MATAPANG) against his opponents and gives comfort (MAY MALASAKIT) only to his supporters?

Is this the only leadership style the president can offer to the table? Pressure his opponents and dissenters and give comfort to his loyalists and friends? If that is so, then I would conclude that the people who have elected him four years ago had actually erroneously chosen him to lead the country, whose fertile soil and natural beauty was defended by our fallen heroes in the battlefields against the foreign invaders many years ago.

POGO: A LOSS-LOSS SITUATION FOR THE PHILIPPINES

The online gambling business of the Chinese known otherwise as POGO or the Philippine Offshore Gaming Operation is doing more harm than good against the Philippine government because of the following disadvantages to wit: 1.) It is not taxable; 2.) Some POGO workers might have carried COVID 19 virus all the way from mainland China to the Philippines; 3.) Prostitution has spiked in Metro Manila because of the proliferation of male Chinese POGO workers who become/became customers in the local sex trade; 4.) Plenty of Chinese POGO workers have contributed to the increase of criminality like kidnapping in Metro Manila against fellow Chinese workers and other Filipino citizens; 5.) The POGO can be a front of China for the same in spying against the Philippines; 6.) The presence of the Chinese POGO workers serves as a competition against Filipinos who can/may also be workers in the same online gambling industry.

While it is true that the Chinese POGO operations have some advantages like 1.) The boom of tourism which may boost the economy; 2.) The income of the country by way of the Philippine Gaming Corporation or PAGCOR through its gambling franchising and regulatory powers and 3.) The local income of the host cities of POGOs through their business permit issuances, it is still very clear that this online betting industry's disadvantages outweigh the advantages. So why keep the same when it offers more harm than good for the Philippines?

Let me discuss the disadvantages POGO has contributed to the country as I have enumerated above.

*** I - POGO IS NON-TAXABLE.

The National Tax Code of the Philippines provides that all income/s of resident aliens and/or foreign corporations derived without or outside the Philippines is/are non-taxable. It is true that the online betting is being done in the Philippines as regards the POGO operations but the income/s of the same is/are derived from the online bettors from all corners of the world especially China, hence its income/s is/are not taxable in this respect.

*** II - SOME OR PLENTY OF CHINESE WORKERS ARE COVID 19 VIRUS CARRIERS.

It is of public knowledge that the COVID 19 has originated from Wuhan City, Hubie, China, and because of COVID 19's outbreak in China, some Chinese POGO workers might have carried rhe virus from mainland China and transported it to the Philippines, thereby infecting plenty of its citizens and eventually killing many of them.

*** III - POGO HAS CONTRIBUTED TO THE SPIKE OF PROSTITUTION IN METRO MANILA.

Studies will show that the illegal sex trade in Metro Manila and in some places outside the National Capital Region where POGOs exist has spiked due to the proliferation of male Chinese POGO workers who have earthly cravings for sex. Young and beautiful but jobless women in the countryside may go to Metro Manila to look for easy money by way of the illicit sex trade which espouses sexual immorality and sexually transmitted diseases like AIDS, gonorrhea, syphilis and the like. This development would also badly paint the Philippines internationally as a destination for sex tourism.

*** IV - POGO HAS CONTRIBUTED TO THE RISE OF CRIMINALITY IN METRO MANILA.

We have viewed from national televisions and have also read from newspapers and tabloids of crimes like kidnapping, drug-using, physical injuries, etc. etc. where Chinese POGO workers were involved against their fellow Chinese POGO workers and in some cases against Filipino citizens. These bad developments are uncalled for and must be addressed properly by the government and its agents like the Armed Forces of the Philippines, the Philippine National Police and the National Bureau of Investigation so that this problem may be curbed. If this problem may not be addressed and checked by the authorities in due time, the Philippines could be known as a nest, haven, or lair of internationally imported criminals who affect negatively the peace and tranquil of the country.

*** V - POGO CAN BE A FRONT OF CHINA IN SPYING.

We know the truth that China was once upon a time the Philippines' enemy prior to the ascension of President Rodrigo Duterte to Malacanang, the president may not have given state security secrets of the Philippines to the Chinese, so that the Chinese have to take steps in discovering the said top state security secrets of the former in any way and one of the ways in unearthing the security secrets of the state by the Chinese Military Intelligence officers is via POGOs. The Chinese Military Intelligence officers or operatives of China's Peoples Liberation Army are probably using the POGOs to camouflage their sleuthing/s against the Philippines by disguising as POGO workers when in truth and in fact, they are probably spying against the Philippines to the detriment of the latter.

*** VI - THE CHINESE POGO WORKERS ARE COMPETITORS AGAINST WOULD BE FILIPINO WORKERS AS REGARDS JOB OPPORTUNITIES WITHIN THE PHILIPPINES.

The POGO operation/s would have helped the jobless Filipinos who are looking for jobs, but such online gaming industry is being permitted by the Philippine government to operate within its territory without giving jobs to its citizens. One of the provisions of the New Labor Code of the Philippines provides, that for the Labor Department or its bureau concerned for the issuance of AEPs or the Alien Employment Permits, there shall be no Filipino worker who would not be suited for the job otherwise the job shall be given to a foreigner, hence the issuance of the AEPs. In conjunction to this, there is/are no assurance/s that there is/are no Filipino/s who can technically operate the machines of the POGO/s or cannot really work for the POGO/s in any capacity and because of this the POGO/s is/are actually denying job opportunities to the citizens of the land where it/they is/are operating.

In view of the foregoing premises and arguments, it is very clear like the sun rises in the east and sets in the west that the POGO industry has done so much harm than good with regard to the national interest of the Republic of the Philippines, thus be frowned upon and be rejected by the state or its leader's corollary to fair play, equality, and equanimity.

NOT NEEDED

by Bayawanon

The ANTI TERROR BILL is not needed as of this time due to the following grounds: 1) The Philippine legislature has already passed the Human Security Act, a law which aims to defend any Filipino citizen from any danger like terrorism, thus the passage of the ANTI TERROR BILL into law would somehow become a redundancy with regard to the former 2) Martial Law has reigned in Mindanao for quite a long time which I believe had somehow suppressed/quelled terrorism in that part of the country and 3) With the penchant on the part of the authorities to plant evidence against their dissenters and detractors, that proposed law poses a threat to every citizen's freedom to air his or her grievance/s to the government, since the law endorsers may silence the government's critics by planting evidence against the latter for the same to keep their mouths shut.

With the way, evidence was invented against Senator Delima, former Chief Justice Ma. Lourdes Sereno and RAPPLER CEO Maria Ressa, it is possible that such reprehensible developments may happen again by letting the government use the ANTI TERROR BILL/ACT against its oppositors.

One can simply think of a mere habal-habal driver or a simple farmer worker who is a dissenter of the government, be planted with evidence that would tantamount to terrorism, and be charged with terrorism in court. If that would happen to the simple ones that I have discussed above, it will certainly happen against the political adversaries of the ones leading the administration of the government.

Preventing the passage of the ANTI TERROR BILL is actually a move that would stifle a probable dictatorship and an act against an IMPLIED MARTIAL RULE.

SUPPORT INDEPENDENCE MOVEMENTS IN HONG KONG, XINJIANG AND TIBET

by Bayawanon

SUPPORT INDEPENDENCE MOVEMENTS IN HONG KONG, XINJIANG, AND TIBET

Let us support the INDEPENDENCE MOVEMENTS in HONG KONG, XINJIANG, and TIBET. If these Chinese Autonomous Territories would be given independence, then China would not continue as a superpower, because its size would be diminished, her income as a country would shrink and her hegemonic international influence will crumble.

Secondly, many Chinese provinces would follow suit for independence too like Macau, Inner Mongolia, and Manchuria, and that would make China weaker and smaller in the field of geopolitics.

Hong Kong's citizens are protesting against China's policies which are very communistic, take note that Hong Kong was a crown colony of Britain before it was turned over to China, hence Hong Kong is democratic per se and is under an autonomous region status. Technically Hong Kong's democratic government runs counter against China's communist rule, thus the protests and later on the independence movement.

Xinjiang an autonomous province, is a Muslim province. Xinjiang's natives, the Uigurs are being persecuted by the Chinese atheist communist government for practicing their faith and for forcing them to forget the same and be full-time atheists. These reprehensible acts of the Chinese government will further foment Xinjiang's independence dreams from China which started many decades ago.

Tibet, another Chinese autonomous province, has been longing for independence dating back from the 1950s when the said former sovereign state was conquered by China by way of its brute force, Tibet's ceremonial leader, the Dalai Lama has been exiled for almost seventy (70) years already and still dreams of returning to power in his beloved Tibet, aside from that numerous Tibetans are still wishing for a free Tibet from the communist Chinese rule.

If China would be divided into smaller states by way of the independence of its autonomous regions and other provinces, then it would cease to be a threat to many democratic countries of the world, it would then stop to terrorize the West Philippine Sea and it would stop deceiving the world of international business.

China would then cease in meddling the internal affairs of little countries like the Philippines, stop siphoning the natural resources of minute states which are helpless, halt her unfair business practices against many nations and her being a world bully would then be put to an end.

In connection to this, if St. John Paul II had succeeded in persuading the world in praying for the conversion of Russia, then in our own little way we must also start praying for the conversion of China, for China's conversion means PEACE and HARMONY among nations of the world. Amen