“Don’t shoot i’m a journalist!” An ABS-CBN crew shot at last Sunday in a wake

Photo by Panoramic Images. Gun Firing a Bullet. Used here for  educational, non-commercial purposes, free service by blog-use of image provided by and from www.allposters.com

 

         Before the week ends, we probably should not let this pass. The   cameraman and crew could have been killed when they were fired upon by the distraught father of one of those killed in an alleged rub-out. The crew was covering the funeral wake in Laguna (about two hours from Makati, the financial district).  

             People in grief and not in control of their faculties should not be allowed to carry firearms;  for that matter, people blinded by their rage in moments of turmoil should not own firearms at all.

       (And for that matter, anybody, police or not, specifically inclined to commit certain crimes should not have firearms at all).   

          There are organizations campaigning for a gunless society and there are those campaigning for responsible gun-ownership; but the reality is, government tolerates the proliferation and widespread possession and use, unaccounted for, of unregistered M-16’s, M-60s, grenade launchers, Glucks, 45’s, without permits.

      Gun ownership requires permits, those applying for permits to carry firearms (i.e., handguns; civilians are not allowed to carry long firearms such as M-16s etc.) are supposed to have undergone a psychological test, are required to justify why they need a gun, (such as for example, they have security problems), and are supposed to have taken up gun lessons or training  in handling and firing; that training  for example includes,  never pointing  a gun at anyone even if it’s not loaded unless you are about to kill that human being in defense of yourself or  loved one;  always  resting your index finger, straightened, don’t crook it,  OUTSIDE  the “house” of the trigger  unless  you are about to kill another human being in defense of yourself or loved ones, etc., etc. In other words, not everybody or not anybody should be allowed to own or carry firearms. Perhaps these are too much to ask for in a god-forsaken country.

     In a country where private armies, warlords and all kinds of lords dominate elections and Philippine politics , it is probably futile to hope for the enforcement of  laws and standards. Ward leaders of politicians, the relatives of ward leaders of politicians, the ward leaders’ family members, their  entourage and barangay leaders and their retinue,  all have guns.

     Policemen and task forces who shoot down their suspects are  role models on the use of these guns.

     When the father of Montano Tolentino, a victim of  a shooting incident with Task Force RCBC,   reportedly fired a gun at an ABS-CBN crew  but people around him struck his arm upwards so the gun fired in the air, his family attempted to justify the action by speaking of his trauma and the fact that they had warned the ABS-CBN crew to go away.

     In the aftermath of the gun-firing, the head of Task Force RCBC gloated: “Look at those people whose rights you are defending.”

     Would you rather be in the company of armed men who plan out their killing or armed men who do not plan out their shooting?

     Whatever his emotional state was, unfortunately, it wouldn’t be a defense for:

        “Art. 254. (Revised Penal Code). Discharge of firearms .  — Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code.” Closed- quote.

        The venue of any such criminal case is  the RTC of Laguna, where the witnesses (or complainants) have to go several times to testify. Would you feel safe going there to testify, would you feel  any safer  in the company of “law-enforcement” authorities if you decide to file the cases? Those are not legal issues anymore.

   

 

 

 

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

XXXXXXXXXXXXXXXXXXXXXXXXX

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

XXXXXXXXXXX

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.