The so-called Laglag-bala gang of NAIA airport (“laglag-bala” or drop-a-bullet, roughly), the curious case of passenger Gloria Ortinez, & the magic bullet that changed shape upon presentation to the fiscal
Ms. Gloria Ortinez, a dedicated and hardworking OFW of more than two decades of unblemished record of shuttling back and forth Hong Kong to Manila, was stopped the other day by NAIA personnel at the X-ray screener and informed by NAIA security that her hand-carried bag had a bullet inside the outer pocket. She was arrested and detained until she was able to get a lawyer.
ABS-CBN reported contextually on the incident, in view of previous reports of a “Laglag-bala” gang at the airport.
In previous news reports, passengers complained to the news media that there were certain airport personnel operating in the terminals with a modus operandi of planting a bullet inside the hand-carried bag of any unwitting passenger, then asking for P500 to P1,000 pesos in exchange for not apprehending the passenger for illegal possession.
But…in case you are prosecuted, just remember that:
In the prosecution or defense of any illegal possession case, the chain of custody is key in making the case rise and fall. Chain of custody of evidence refers to keeping track of how the evidence changed hands from the time of arrest and seizure (and in this case, perhaps, even before arrest) to the time the evidence was bagged and tagged to the time it was transported and who transported it, to the time it was recorded and kept in the evidence room and who handled it, up to the time it was presented in court. Any break in the chain of custody, such as for example, failure to account for how the evidence was transported, who transported it, what time and who signed it in and recorded it as received, will serve to put a cloud of doubt as to the authenticity of the evidence and therefore cast reasonable doubt on the prosecution and the guilt of the accused. [in one illegal possession case in the RTC Caloocan, the serial number of the gun presented in court was different from the serial number stated in the Information or formal charge: on oral motion for dismissal right there and then, the Caloocan judge refused… the lawyer for the accused sort of picked up the gun and put it in front of the judge’s face so he could see it bore a different serial number, he got angry and issued a warning for contempt (“put down that gun…” “it’s not loaded your honor” “put down that gun and shut up if you don’t shut up i will cite you in contempt and have you locked up in the supply room…”) — anyway, probably because the judge did not want to see the lawyer’s face ever again, the case was dismissed a week after without any more hearing on the motion or any other proceeding. (it was a good thing i was “curious” and compared the serial numbers while the fiscal was prepping the SPO1 witness)]
In the case of Gloria Ortinez, it was reported today that on presentation by the police with the fiscal or prosecutor for investigation (to find a prima facie case for prosecution, or not), the bulled in evidence had changed shape from the time it was bagged and tagged to the time it was presented.The sharp-eyed fiscal looked at the photo of the bullet when it was bagged and tagged at the airport, and at the object evidence being shown to him. The bullet had shrunk considerably and was no longer a Carbine bullet. The fiscal said he did not have to be a gun expert to see that the bullet had shrunk and was not the supposed evidence that was handled at the airport. The case was dismissed right there and then, today.
And Gloria Ortinez lived happily ever after.
Pero ganun na lang ba iyon? (But is that it?).
Only because the President is an avowed gun expert and because airports and security matters are right up his alley, isn’t he a bit curious about the magic bullet?
Bullets don’t change shape unless fragmented with firing, and the only possible explanation why it shrunk upon presentation to the fiscal is (multiple choice, choose one only, right minus wrong, wrong spelling, wrong):
(a)the original evidence was lost in transit because it was laglagged (nalaglag), that’s why it’s called the laglag-bala gang;
(b)the Carbine bullet was so ancient that it disintegrated into powder when exposed to nervous sweat;
(c)the Carbine bullet could be traced, it had a homing device that caused it to attach to its real owner;
(d) the Carbine bullet was used and tagged before in a previous case and so, a clerk put it back in its old case file bag.
(e)truly, the old Carbine bullet of World War II vintage was really an anting-anting (amulet) and will show up and disappear again in the future and forevermore.
All those who handled the Carbine bullet, now a shrunk evidence — all personnel — from the time of arrest to the time of presentation with the fiscal, should be investigated and prosecuted to the fullest extent of the law for, at the very least, tampering with evidence, maybe one of them will talk on the laglag-bala gang — but whom are we kidding, the President is busy campaigning.
Caption from the Inquirer: “A Youtube video uploaded by user glamchiq00 shows actor Raymart Santiago and several others ganging up on Inquirer columnist Mon Tulfo at the NAIA Terminal 3. The brawl ensued after Tulfo took photos of Santiago’s wife, actress Claudine Barretto, berating a ground stewardess of a budget airline.”
Blog admin’s note: The voting below is not a scientific survey/poll although it reflects actual voting in the blog and is an added feature for viewers’ participation.
According to reports, the woman in hot-pink shirt in the video is movie star Claudine Barreto, the man in grey shirt is movie star Raymart Santiago, the man in hot-pink shirt is a friend of the couple, and the man in a light-brown khaki vest (sprawled on the floor) is Inquirer columnist Ramon Tulfo.
xxx xxx xxx
Blog admin’s notes: (only because it involves news media issues and media law issues)
News media principles. Issues. On authentication and editorial judgment: This video has not been authenticated by any of the media organizations that used it (in the sense that the source is pseudonymous and not verified) but the fact that none of the parties alleged to be in the video denied it, or refuted it, and on the contrary went to great lengths explaining the context of the video, and the fact that the NAIA (airport management) and Cebu Pacific also did not challenge it, and finally, the fact the general content of, the appearance of the place, and the situation depicted in the video, all coincide with verified reports, may be used to indirectly authenticate the video.
This means that as long as editors and news directors make an intelligent examination of the materials in the social media, and establish its context, they can use these as secondary sources (the primary sources being persons actually present in the incident).
(This is an entire course; at least three courses. There are at least three to five courses in the department on this, undergrad and graduate, on substance (verification and authentication of online materials, examination of primary and secondary sources, etc.) and not just form. Enrol now! (er, este, next sem na. plugging.) Although we’re oversubscribed .
News media values. Issues. There are probably more newsworthy events that day such as the Iligan bombings and the murder of star witnesses against a carnapping syndicate, but the brawl, involving as it did famous movies stars and a well-known columnist, caught on video, posted on YouTube, and becoming viral, made it more sensational than the rest of the news stories that day. The internet is a very visual medium and viewers are more emotionally affected by moving images than by words in a straight news report. (this is not to say that you should always publish sensational stories — but that’s a whole lot of discussion that blog admin has a mouthful for. Editors/ news directors publish/ air what they think would be of interest to readers/ viewers; hopefully balancing it with stories that are of consequence to their lives.)
Media Law issues. When a famous movie star (Claudine Barreto) is arguing loudly (allegedly cursing and berating), a ground flight attendant, in a very public place (the airport counter) in front of very many people, for their misplaced luggage, can this be documented and reported on by a reporter (Inquirer columnist Ramon Tulfo) who happened to be in the same place? Or is there an invasion of privacy with such documenting (photographing and/ or videoing) with intent of reporting?
Are the movie actors justified in allegedly physically forcing the reporter to surrender the digicam/ video cam? Is the reporter justified in allegedly pushing away (or allegedly kicking) the movie actors? Is roughing up the reporter justifiable for being an annoyance?
Right to privacy vs. the “Public Figure Doctrine”
While the phrase “righttoprivacy” is not exactly so worded in the Bill of Rights, it is definitely and unmistakably found in the right to be secure in one’s person, houses, papers, and effects (against unreasonable searches and seizures by government or its agents) and the inviolability of privacy of communication and correspondence (again, against unreasonable searches and seizures by government or its agents).
This means that as against the awesome powers of government, your dwelling, personal belongings, documents, even your own physical body (the Constitution is being literal here), is protected against being searched and seized unreasonably by agents of the state, without probable cause (see exceptions: valid warrantless searches). Your letters, conversations, and other forms of communication cannot be intercepted, recorded, etc, without a court order.
Our Civil Code also contains provisions that protect the right to privacy, such as:
“Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, shall produce a cause of action for damages, prevention and other relief:
1) Prying into the privacy of another’s residence;
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.”
This means that you can sue, for damages, individuals or persons who: 1. are peeping and looking into your house; 2.interfering with how you relate to your family; 3.gossiping about you (intriguing); 4.irritating/ annoying/ shaming you because of your religion, social status (impoverishedness, etc.), place of birth, physical appearance or “defect”, etc.
For letters:
“Art. 723. Letters and other private communications in writing are owned by the person to whom they are addressed and delivered, but they cannot be published or disseminated without the consent of the writer or his heirs. However, the court may authorize their publication or dissemination if the public good or the interest of justice so requires.”
This means that your letters and other private communication cannot be published without your permission unless there is a court order.
As to your lifestory and public activities: See Lagunsad vs. Sotto, Vda de Gonzales. Your lifestory (which includes your family relations, romantic relations, etc.) cannotbe depicted in a movie without your express permission. As to your public acitivities, see Ayer Productions vs. (RTC Judge) Capulong and Enrile, on a movie about the 1986 EDSA Uprising. Your public activities as a public official and public figure, constituting public interest, canbe depicted in a movie without your permission.
There is however a sub-set of rights in American jurisprudence that has not been applied by our courts, that is, the right of an individual to control the commercial (i.e., in advertisements, consumer products, but not as news reports that involve newsworthy events) exploitation of his/her face, body, or images arising from photos or videos of one’s face or body, and one’s name, identity, and likeness.
This means that under this “sub-set” of rights, you have the right to stop another entity from using your face, name, identity, or an image in your likeness, for their own profit — unless you had agreed because, maybe, they would pay you. For example, your face/ name/ identity etc. cannot be used in T-shirts, posters, websites, mugs, billboards, etc for the purpose of profit (their profit) without your permission.
Coming now to the airport brawl: Unfortunately, or fortunately, when a movie star engages in public behavior that attracts attention, in a very public place, maybe because of its loudness or the conflict it creates; and the concern involves public utilities such as airline service (a matter of public consequence), then it is not a private matter; it involves a conflict that is important to public welfare: These are: airline service, airport security, passenger welfare, public behavior of movie stars, etc., and therefore can be documented and reported on by reporters.
(See principles of the “Public Figure Doctrine”; that is, a public figure, in order to maintain a libel suit or slander case, must show that the report arose from “actual malice”, subdivided into: 1.“reckless disregard for the truth”, or the report is an outright lie and was not based on any sources/ verified matter; 2.knowledge of falsity, or the report is a lie and the reporter knew it to be false; and 3.the reporter had motive for revenge based on personal history with the news subject.)
The brawl incidents themselves, however, depending on the extent of injuries, involve provisions of the Revised Penal Code: slander by deed if the physical handling does not amount to an injury that incapacitates. Slight, to less slight, to serious physical injuries if they result to an incapacity to perform the person’s usual work; etc.)
Parenthetically and personally however i would draw a line when it comes to “paparazzism”, even as to public figures — or stalking — or photographing or writing about non–publicactivities, or activities that do not involve public consequence, such as (examples of private activities even if in a semi-public place): quietly having a cozy dinner with a friend, or quietly working out in the gym, or quietly watching a movie, or quietly looking at shoes and bags in a store, etc. Everyone has the right not to be bothered or gossiped about or photographed or written about when engaged in non-public activities or those that do not involve public consequence. Up to now, there has been no law passed against stalking and other forms of harassment and interference, such that we have to rely on the general provisions of the Civil Code, RPC, etc. (There are bloggers, too, who are mindless enough to write about the non-public activities of private persons, or upload photos/ videos of non-public activities of private persons without their permission. And of course, no matter how straightforward, fair, and professional you are, there will always be degenerates who will spread lies about you.)
But as to this case, my advice is: Take on the big fish: That is, Cebu Pacific and NAIA management and security— (not anymore a media law issue).
“Offloading for safety” is a pretext for a mistake, because it is dependent on a foreseeable event. The length of the runway is known. The maximum weight that would allow take-off on that short runway is known. The combined weight of all the passengers’ luggage had been determined. The risk is foreseeable and offloading could have been avoided by… informing the passengers beforehand, decreasing the allowed weight of check-in for everyone and not loading any more than what the length of the runway would allow for takeoff. Or maybe… the luggage actually ended up in Guangzhou, and back, where the airline has a promo for P1,008.
On the other hand, airport management and security are non-existent. There wasn’t even a CCTV. According to airport management, there was a camera at the counter. It wasn’t working. It had not been working for sometime. (It was there for aesthetic purposes. As part of the interior decor.)
