Wednesday, January 7, 2009

current events: clobbered in the golf course

this site takes a stand against the irresponsible use of force.

in the recent controversy that hit the blogscene between the sec. of agrarian reform's family and that of a private citizen, in the person of mr. de la paz.

one glaring picture was that presented by the security personnel of the golf course..

he related in his testimony that when he arrived at the scene after the mauling...he saw mr. de la paz and son bloodied while mr. pangandaman and sons were also there so with their 'bodyguards' armed with 'high caliber' weapons.

this scene alone will tell us that there was an intimidating presence of a far more superior force against a father and his 14 yr. old son so with the 18 yr. old daughter, bambee.

and they were at the receiving end of an unjustified use of force...senseless violence!

a 14 yr. old may resort to the use of force, instinctively, when exposed to the acts committed against his father. only in a dysfunctional family is it deemed not possible but neither is the reaction totally improbable.

this is what connects us all. you do as much as raise an accussing finger on the face of either my mom or dad and i can guarantee you a fury like you've never before seen in your life.

to the young, a father is a hero, a role model. within the ranks of batman, superman, or say braveheart. no father in his right mind would expose the children to any form of danger.

that is human nature and all the lies in the world cannot change that.

the law only aggravates an act of physical injury when it is committed against a public official. it is silent with regard to a reversal in the situation.

relative to committing an offense on the parents within the full view of the offspring, we have under our penal code considered as an aggravating circumstance the said scenario a provision in the crime of rape.

though they similarly take away human dignity in varying degrees.

Monday, January 5, 2009

opinion: philippine law

the country has proly the best system of law in all of asia. this is basically due the influence of the highly evolved "american justice system." though we borrowed a lot from the french civil code due to the spanish influence and heritage.

however, no matter how good our system of laws is. there are various influences that affect their application or jurisprudence.

neither does it mean that because a law is not used or a statute is being left to oblivion that it would warrant the status of non-existence. this is not true. we think the law does not exist because they are not being applied or enforced. this is wrong. the reason why laws are not being applied is due mostly to the failure to prosecute. they are however, effective, binding, or enforceable until amended or over-ruled by a subsequent law or statute.

the failure to prosecute results when protagonists, that is, plaintiff and defendant decide on some settlements rather than apply the natural course of the process. except for violations which involves the sovereign power of government, this is what happens to most cases.

lawyers are expensive, and magistrates or judges are not perceived to be fair or just or simply easily bribed and threatened with violence such as by hired 'hitmen' for the adversely affected party. the higher in stature a person is in society the more difficult it is to prosecute. compounded by the 'padrino system' and 'cloak-and-dagger' culture.

however, prevailing circumstances does not negate the existence of law. it only confirms the tediousness of the process and its necessity. it remains a challenge to government and to law enforcement in the end where" justice is to be served."

after all we are bound as citizens in the idea of a regime under the "rule of law." a government and society failing in this has lost the right to exist when it fails to recognize and observe that basic democratic inspiration. it will only operate as a matter of transition until the people will realize that a new order by sovereign agreement, based on unalterable historical circumstances, will have to be formed. when the time comes...once it presents itself as a realization. it will be indestructible...