Unasked

(all photos and images from the Comelec website, www.comelec.gov.ph, a government document. Intellectual Property Code, Sec. 176. Works of the Government. – 176.1. No copyright shall subsist in any work of the Government of the
Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. xxx)  

             Nueva Ecija is one of those provinces where a mayor’s rival’s armed bodyguard can walk up to the mayor on a busy street in daylight, shoot him in the head, walk slowly away, not get convicted in any court ever, and today still walk the same street. 

               When the armed bodyguards of Congressman Antonino (including policemen) and the armed bodyguards of Mayor Esquivel (including policemen) shot it out in a public rally, leaving two dead and scores wounded, several questions come to mind, in the aftermath:     

             With dozens of policemen deployed at the rally during the shooting: Why were no arrests made on the spot when the shooting subsided? (This is one sure instance when warrantless arrests could be validly made).   

              Probable answer: The policemen were too busy shooting they forgot.      

        

           Second unasked question: Why wasn’t a single armed person of either party disarmed, on the spot or a day after?      

         Probable answer: It will start another shooting war if any armed bodyguard in Nueva Ecija is disarmed.      

                 Third unasked question: Why wasn’t a single house/ office/ HQ/ vehicle/ safehouse where the bodyguards stash their firearms, raided, on the spot (any lawyer here could make a case of valid warrantless searches incident to lawful arrests on “hot pursuit” of these safehouses, on the spot).      

           Probable answer: No one wants to make a move, the raiding team would be ambushed.       

                  The shooting and killing of Mayor Resuello and his bodyguard (who covered him with his body) in San Carlos, Dagupan, during a beauty pageant coronation, is a repeat, albeit, initially characterized in the media as a “shooting spree”. (There were about 500 people in that gathering, anyone had  1 in 500 chance of being hit, and only the mayor and his bodyguard were fatally shot.) Policemen later called it an assassination when the mayor succumbed at the hospital.      

           These towns have been placed under Comelec control. The provisions  are (Omnibus Election Code):

         “ARTICLE VII.THE COMMISSION ON ELECTIONS       

          “Sec. 52. Powers and functions of the Commission on Elections. – In addition to the powers and functions conferred upon it by the Constitution, the Commission shall have exclusive charge of the enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring free, orderly and honest elections, and shall:      

           “(a) Exercise direct and immediate supervision and control over national and local officials or employees, including members of any national or local law enforcement agency and instrumentality of the government required by law to perform duties relative to the conduct of elections. In addition, it may authorize CMT cadets eighteen years of age and above to act as its deputies for the purpose of enforcing its orders.      

          “The Commission may relieve any officer or employee referred to in the preceding paragraph from the performance of his duties relating to electoral processes who violates the election law or fails to comply with its instructions, orders, decisions or rulings, and appoint his substitute. Upon recommendation of the Commission, the corresponding proper authority shall suspend or remove from office any or all of such officers or employees who may, after due process, be found guilty of such violation or failure.     

    

              “(b)When in any area of the country there are persons committing acts of terrorism to influence people to vote for or against any candidate or political party, the Commission shall have the power to authorize any member or members of the Armed Forces of the Philippines, the National Bureau of Investigation, the Integrated National Police or any similar agency or instrumentality of the government, except civilian home defense forces, to act as deputies for the purpose of ensuring the holding of free, orderly and honest elections.”     

        

        First unasked question: Do the local police and Comelec officials have a list or an inventory of who the bodyguards (I’m being polite by not using the word “goons”) are of each local candidate? A background check of these characters? Or, let’s be kind, do they  have any idea how many armed bodyguards? A ballpark figure?    

            Probable answer: But they’re for the protection of the candidates.   

               Second unasked question: Did the local police and Comelec officials ever make any attempt to check the firearms of these bodyguards? Did they ever make an inventory?  Are they planning to do so? When?    

          Probable answer: They’re for the security of candidates who have death threats.        

        Third unasked question: Do the local police and Comelec officials have at least any kind of intel on the safehouses and headquarters where the firearms and ammunition are stashed?     

           The local candidates have resisted Comelec control,  preferring to settle the shooting war among themselves. Warlords are kings in their small towns. Laws are just words. Why do national government officials not go beyond issuing press statements in dealing with them? Because they depend on these satraps; they know how it is: they too were once  tyrants in their fiefs. “The fundamental things apply…”