The RCBC bank heist, murders, and the “rights of victims”

Photo by Raymond Gehman, National Geographic Collection. A hunter butchers a bull moose that will feed his family. Used here for  educational, non-commercial purposes, free service by blog-use of image provided by and from www.allposters.com

   

     What about the “rights of victims” ?

      When a crime is committed, we are all victims; and while those who have lost their loved ones to violent crimes suffer the most, all of us are at peril of suffering the same fate as long as those criminals are not  identified and not put away. Society, not just the kin of those who had been killed, has an interest in seeing that justice is done.

      What does a “shoot-to-kill” “order” from the DOJ secretary (a feeble attempt at a Clint-Eastwood) of the robbers and murderers of the RCBC heist  accomplish? As if. As if that kind of talk makes him look tough. If such was an order, even if implied; and was carried out or is being carried out, the person who gave the order can be prosecuted for murder as a principal by inducement. At the very least, it is a signal or message from the DOJ secretary that he would look the other way when the police “RCBC Task Force”  deems it fit to shoot at suspects on sight. 

      What does shooting and killing of suspected members of criminal syndicates accomplish? As everyone knows, it is illegal and punished as murder. But what about the “rights  of victims” to see that justice is done?

       Shooting of the criminal suspects will not necessarily lead you to the real  criminals and will certainly not lead you to the mastermind, their accomplices, their accessories. How does it serve the “rights of victims” if those who are responsible for the crime are never identified?  How does it serve the “rights of victims” if  more bodies pile up, and we’ll never know who they really were or what they did? What does it serve the rights of victims if we cannot get the masterminds, accomplices, and accessories such as: those who gave the RCBC robbers information on the amount of money in the bank; those who gave them information on the  busted security cameras and the busted   alarm system; those who gave them information on the number of security guards, their weapons, number of employees, on the locks, etc. Those who conducted surveillance and acted as lookout. Those who provided them with cars, high-powered firearms, safehouses, communication facilities, food,  logistics. Those who hid the money and laundered/ will launder it. 

        But what about if you were certain that they were the criminals who killed your loved ones? Dapat nga silang barilin! (they should really be shot!), said one radio commentator.  As if. As if that kind of talk makes one seem indignant enough. If we do away with courts, let’s all wear firearms and shoot it out everyday. We shoot them, they shoot our children, we shoot their children and spouses, they shoot all our next of kin. And now, we don’t even need to be hypothetical because even the police said those killed in the so-called “shoot-out” were not related to the RCBC bank heist and murders.

           In the minds of the police, there is  method in their madness: by killing suspected gang members, they are rattling whatever criminal gangs they could get their hands on so that one group would snitch on the other group just to  get the heat off them; or, the police  by rattling the criminal gangs,  could  get some chatter and movements that they could watch and trace.

        As of this writing, the police have disclosed that they were on the verge of identifying the RCBC robbers-murderers, and that two  of the suspects  are “men-in-uniform”, but without identifying the unit.  

      Really? Being based on “intel reports” and later on,  “forced confessions” of “suspects” (statements made under torture)  how much of that evidence would be admissible in court?

      The “rights of victims” are violated twice over when the real criminals walk free; we all become victims when we encourage amd tolerate summary executions as if it were a hallmark of heroism or courage; and all of us are present and future victims of the DOJ secretary’s “shoot-to-kill”  “order”.

 

  

afternoon media law. last

 

Painting by Claude Monet.San Giorgio Maggiore by Twilight c 1908. Used here for  educational, non-commercial purposes, free service by blog-use of image provided by and from www.allposters.com

Stu#   1st exm + 2nd exm + Rec’n = Total = Grade

05-14434/// 45.5 +  37.5 + 23 = 106 = 1.5

05-06450/// 25.5 + 31.5 + 13 = 70 = 2.5

05-14672/// 31.5 + 33 + 13 = 77.5 = 2.25

05-13917/// 21.5 + 18 + 15 + 54.5 + 3.0

05-38044/// 26 + 23.5 + 13 = 62.5 = 2.75

05-33753 /// 42.5 + 44.5 + 22 = 109 = 1.25

03-20761 /// 26 + 21 + 20 = 67 = 2.75

04-31658 /// 49 + 26 + 22 = 97 = 1.75

05-30220 /// 36 + 43.5 + 22 = 101.5 = 1.5

01-75151 /// 22 + 18 + 22 = 62 = 2.75

05-00718 /// 6.5 + 21 + 13 = 40.5 = 4.0

05-41454 /// 6 + 24 + 14 = 44 = 4.0

05-40074 /// 38.5 + 39 + 17 = 94.5 = 1.75

03-15001 /// 37.5 + 28.5 + 15 = 81 = 2.25

05-12250 /// 43 + 33 + 19 = 95 = 1.75

05-20574 /// 26 + 29.5 + 19 = 74.5 = 2.5

06-60020 /// 20 + 19 + 20 = 59 = 3.0

04-78553 /// 36.5 + 35 + 20 = 91.5 = 2.0

05-43439 ///46 + 28 + 22 = 96 = 1.75

05-49548 /// 45.5 + 27 + 13 = 85.5 = 2.0

05-14999 /// 35.5 + 15.5 + 12 = 63 = 2.75

05-30496 /// 34 + 10.5 + 18 = 62.5 = 2.75

05-75203 /// 36 + 34.5 + 15 = 85.5 = 2.0

05-07148 /// 30.5 + 24.5 + 22 = 77= 2.25

04-64419 /// 17 + 21 + 13 = 51 = 4.0

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Morning:

05-13001 /// 46 + 39 + 17 = 102 = 1.5

04-52977 /// 38.5 + 29.5 + 23 = 91 = 2.0

05-03461 /// 24 + 24 + 21 = 69 = 2.5

05-78611 /// 13 + 13 + 18 = 44 = 4.0

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First exam published here last Feb.2

 Second Exam. Media Law, afternoon class, Marichu C. Lambino,  March 25, 2008. This is a closed-book closed-notes exam. You are not allowed to leave the room until  you’re done. You are not allowed to communicate with each other or to use any electronic device. Do not put your name or any identifying marks in you bluebooks. Write your student number only. Answer the following questions fully. 50 pts and 10 pts bonus.

 

1.What does “right to privacy” mean? What part or aspects of one’s person,  a  private person that is, cannot be used or  appropriated by third parties without his/her permission? Enumerate.. (5pts) Under what laws/ statutes, or provisions of the Constitution, is the right to privacy protected (you don’t have to give the article number or the verbatim provision, just paraphrase or describe the law or/ constitutional provision) (5 pts.) Total: 10 pts.

2.What conditions/  relations/ possession  of a person are normally considered intimate or private by law and jurisprudence? We took up nine in class, enumerate only five or at least five.(5 pts)

3.Who are public figures? Define and enumerate only five categories or at least five categories.  (5 pts)

4..The alleged phone conversations between Jun Lozada and Joey de Venecia III in 2006 were uploaded in YouTube. Jed, a radio of DWAA, a leading radio news program, played the alleged tapes in full in his program. Was this lawful or not? Why or why not? If your answer is yes, state the elements; if your answer is no, state the scope of the right. (5 pts.) (BONUS): Can he be arrested on the spot? Why or why not? Can the Department of Justice warn the station that it would be broadcast of the alleged conversations by DWAA be summarily shut down? Why or why not? Specify your legal basis. (5 pts.) Total: 10 pts.

5.At the height of the Senate investigation where Jun Lozada was a witness/ resource person, text messages went  around that years ago he  allegedly had an extramarital relationship and sired several children with the woman, Ms. “XYZ” who was named in the text messages. When asked by reporters, he answered: “I had asked for forgiveness for it and my wife has forgiven me; i hope you too can forgive me.” Claire, a stringer of a leading braosheet, , reported the story as follows: “Jun Lozada owned up to previous extramarital relationship with a certain Ms. __ (name of woman stated) and asked for forgiveness.” Is the report libellous vis-a-vis Jun Lozada? Why or why not? What about vis-a-vis the woman who was named? Why or why not? If the children of the extramarital relations were named, are there any violations? Why or why not? (5 pts.) What is malice-in-law? When does it apply? (5 pts.) Total: 10 pts.

6.AFP Chief of Staff General Esperon, as reported by the media, said that Pres. Gloria Macapagal-Arroyo would  visit the Spratlys in order to strengthen our claim to the disputed  territory. The President the next day issued a statement denying or taking back Esperon’s “advisory”. A member of Maglayag, a fisherfolks’ organization, in an emotional outburst, exclaimed in their radio progam: : “The President is afraid!  We are not afraid of China! Fight for our land! Our fishermen who just happened to drift in those  areas have been shot by guards stationed by China in those islands, and the President is not doing anything about it! Fight the invaders! Out with China!” Does the following constitute “inciting to war”? Why or why not? (5 pts)

7.A day before the interfaith rally in Makati, Eli, a student residing in Fort Bonifacio, distributed leaflets among the active members of the Armed Forces of the Philippines living in the area stating the following: “To all the patriotic soldiers of the Armed Forces of the Philippines: We call on you to join the growing movement to pressure the fake sitting President to step down. You are fighting and dying for a bogus and corrupt Commander-in-Chief! Gloria resign!” Can Eli be held liable for any violation of the law? Why or why not? If your answer is yes, specify the elements; if your answer is no, elaborate on the scope of the right. (5 pts.) Enumerate the laws on public order taken up in class. (5 pts.) Total: 10 pts.

7. Then Justice Reynato Puno, now Chief Justice, in the proceeding In re Emil Jurado(1995) wrote in his dissenting opinion:  “Respondent is a columnist and he does not only write straight news reports but interprets events from his own distinct prism of perception. As a columnist and like any other columnist, he has own predilections and prejudices and he bends his views in accord with his own slant of faith. I see no reason to penalize respondent for the slants in his views, however, unpleasant and irreverent they may be to the court. When we start punishing a columnist for slants in his views, we shall soon be seeking slits to look for witches among them.” In the context of said proceeding, what did then Justice Puno mean when he warned: “we shall soon be seeking slits to look for witches among them.”? Elaborate on the legal issue in said proceeding. (5 pts.) Total: 10 pts.