The Fall (April 9 Araw ng Kagitingan, Heroes’ Day or Day of Heroism)

 

Satiago Bose, “Gravemarker, Mixed Media, 52 x 83 cms., 2002. Downloaded with express permission from the Kulay-Diwa Gallery at  www.kulay-diwa.com   Salamat po!

 

Ghost Soldiers by Hampton Sides     www.ebooks.com : EXCERPTS:

        Quote “ One participant later described the exodus: “Thousands poured out of the jungle like small spring freshets pouring into creeks which in turn poured into a river.” As they walked, the soldiers picked their way around bomb craters and bits of embedded shrapnel. The jungle smoked all about them. Overturned vines were singed, the tree leaves wormed with bullet holes, the canopy torn open by artillery shells, letting the late-afternoon sun seep through.

 

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        Quote “The men of Bataan had fallen back to the place where there was no more back to fall back to. Densely packed with hospital patients, ammunition dumps, military hardware, and the scattered remnants of the troops, the southern tip of Bataan had become so crowded, recalled one American officer, that “bombers could drop their payloads at almost any point or place and hit something of military value.” Whether one wanted to call it a retrograde maneuver, or a strategic withdrawal, or some other euphemism for retreat, they simply had nowhere to go. At their front was the Fourteenth Imperial Army, at their rear was the South China Sea.

 

 

        Quote “And above them, Zeros. For weeks and months, the skies had droned with Mitsubishi engines. The bombing and strafing runs had been relentless, chewing up the little nipa huts in the Filipino barrios, leaving the brown grass fields and canebrakes, especially combustible in the dry season, consumed by enormous fires. Photo Joe, as the Americans called the enemy surveillance planes, had circled overhead with impunity, radioing the exact disposition of the Fil-American forces so the Japanese artillerymen on the ground could rain shells upon them with deadlier precision. There was even a doddering surveillance blimp which for some reason the Americans couldn’t seem to bring out of the sky.

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     Quote “The planes not only dropped bombs, they dropped words. As the battle dragged on, propaganda sheets had fluttered down from the skies. One leaflet depicted a voluptuous woman beckoning soldiers to bed down with her. “Before the terror comes, let me walk beside you . . . deep in petaled sleep. Let me, while there is still a time and place. Feel soft against me and . . . rest your warm hand on my breast.” More recently the propaganda had turned from a tone of clumsy prurience to one of dark ultimatum.

 

      Quote “Bataan is about to be swept away. Hopes for the arrival of reinforcements are quite in vain. If you continue to resist, the Japanese forces will by every possible means destroy and annihilate your forces relentlessly to the last man. Further resistance is completely useless. You, dear soldiers, give up your arms and stop resistance at once.

 

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       Quote “Yet for the men of Bataan, disease was the real enemy, killing them and sapping their morale with even greater efficacy than the Fourteenth Army. Old diseases that modern medicine had long since learned how to treat. Diseases of vitamin dearth, diseases of bad hygiene, diseases of jungle rot, diseases of sexual promiscuity, and, of course, the vector-borne diseases of the Asian tropics. Their bodies coursed with every worm and pathogen a hot jungle can visit upon a starved and weakened constitution-dengue fever, amebic dysentery, bacillary dysentery, tertian malaria, cerebral malaria, typhus, typhoid. The field hospitals were rife with gas gangrene, spreading from wound to wound to wound. The men’s joints ached with the various odd swellings of incipient beriberi, an illness of vitamin B deficiency which, as one soldier described the condition, left the legs feeling “watery and pump[ing] with pains” and made the racing heart “thump like a tractor engine bogged in a swamp.”

 

       Quote “Working at the front lines with the 31st Infantry, Dr. Hibbs had seen all of these conditions, and many others of even greater exoticism, but increasingly he’d found it impossible to treat the sufferers. It was a medical defeat. The hospitals overflowed to the point that the nurses were setting up outdoor wards among the gnarled folds and aerial roots of ancient banyan trees.

 

       Quote “Of all the various units and outfits spread over Bataan, the 31st had seen a disproportionate share of sickness and death, especially in the last few weeks of the siege. Not only were its men in the thick of battle, but they generally ate less well than supply units situated closer to the quartermaster. It is an old hard fact of war that rations mysteriously shrink as they make their way to the front. And so the proud 31st, which before the war had been known as the Thirsty-first for its reputed drinking prowess, then came to be known as the Hungry-first, the most starved of all the American units on Bataan.

 

       Quote “During the last few weeks of the fighting, the bloodshed had been horrific. Dr. Hibbs’s memory of the last battles was a blur of despair and carnage. One morning Hibbs had found himself holding a leg whose owner could not be located. On another day, he had treated a kid with a ghastly shrapnel wound to the head, a wound large enough so that gray matter was protruding from his skull. Hibbs had declared the young soldier a goner, but then he had miraculously rallied, only to lapse into a coma. The battle raged so intensely that the whole unit was forced to pull back, but the medics had no litters or ambulances with which to transport casualties. Hibbs never forgot the sight of the blood-smeared boy dangling over the shoulders of the medics like a sodden rag doll as they retreated into the jungle. They would set the kid down on the ground and resume the fight, then pick him up and withdraw again, then set him down and fight some more. This went on all day, with the boy becoming like a terrible mascot of the retreat. It hardly seemed worth the effort; the boy’s brains were pushing out of his head, the color had washed from his face, his pulse was barely there-yet he kept on breathing. For Hibbs, the scene was a metaphor for what the fighting on Bataan had become, a heroic struggle to prolong a hopeless cause.” Closed-quote.

 

on today’s breaking news, Oakwood promulgation, plea of guilt, some provisions

ON TODAY’S BREAKING NEWS, PROMULGATION OF DECISION,  NINE ACCUSED, PLEA OF GUILT, OAKWOOD ASSEMBLY; SOME PROVISIONS ON: COUP, ILLEGAL ASSEMBLY, MITIGATING CIRCUMSTANCE, PARDON, BAIL.

(Natoire, Charles-Joseph. Venus Demanding Arms from Vulcan for Aeneas. After 1732. Oil on canvas, 194 x 140 cm. Musée Fabre, Montpellier. Downloaded with express permission from the Web Gallery of Art at http://www.wga.hu from site admin Emil Kren, Ph.D.. Many thanks.)

  

 

 

REVISED PENAL CODE:

          “Article 135. Penalty for rebellion, insurrection or coup d’ tat. – Any person who promotes, maintains or heads a rebellion or insurrection shall suffer the penalty of reclusion perpetua.

          “Any person merely participating or executing the commands of others in a rebellion or insurrection shall suffer the penalty of reclusion temporal.

        “Any  person who leads or in any manner directs or commands others to undertake a coup d’ tat shall suffer the penalty of reclusion perpetua.

        “Any  person in the government service who participates, or executes directions or commands of others in undertaking a coup d’ tat shall suffer the penalty of reclusion temporal in its maximum period.

       “Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d’ tat shall suffer the penalty of prision mayor in its maximum period.

          “When the rebellion, insurrection, or coup d’ tat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed similar acts, on behalf of the rebels shall be deemed a leader of such rebellion, insurrection, or coup d’ tat. (As amended by Republic Act No. 6968, approved on October 24, 1990) (underscoring supplied)

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          “Article 146. Illegal assemblies. – The penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents.  Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional.  (underscoring supplied)

 

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          “Article 27. Reclusion perpetua. – The penalty of reclusion perpetua shall be from twenty years and one day to forty years.

         “Reclusion temporal. – The penalty of reclusion temporal shall be from twelve years and one day to twenty years.

        “Prision correccional, suspension, and destierro. – The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.

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          “Article 13. Mitigating circumstances. – The following are mitigating circumstances:

 

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       “7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution.

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        “10. And, finally, any other circumstance of a similar nature and analogous to those above mentioned.

 

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          “Article 36. Pardon; its effect. – A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon.

          “A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.

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RULES OF COURT:

 

           “Rule 114. Section 5. Bail, when discretionary.  Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate court. However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.”