Below is an interesting article. In my next posts, I will be rendering an opinion on the salient features House Bill 12 that seeks to impose stiffer penalties for illegal possession of firearms.
I have spoken to many owners of loose firearms and the reason why they don't register their guns is because they don't want to be tied up to the periodic renewal fees of license. There are also many persons who simultaneously own licensed guns and loose guns, even law enforcers. In my opinion, voluntary registration of loose firearm should be a year-round program that is supported by incentives. The firearm registration drive should primarily focus on the mission to register each gun for balistic identification purpose.
For the meantime, please read the article below. I find it strange for PNP to to show a data of loose firearms statistics. Allegedly, the PNP said that there are 578,585 in the national capital region. My first question is simple. How come PNP knows the number and location of these loose guns that have never passed through their registration system yet?
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Stiffer penalties for illegal possession of firearms sought
By Paolo Romero (The Philippine Star) Updated September 26, 2010 12:00 AM
URL: http://www.philstar.com/Article.aspx?articleId=615447&publicationSubCategoryId=63
MANILA, Philippines – Muntinlupa City Rep. Rodolfo Biazon has filed a bill seeking stiffer penalties for illegal possession of firearms to address the rise in criminality caused by loose firearms.
House Bill 12 seeks to regulate the illegal possession, manufacture, and distribution of firearms by amending Presidential Decree 1866, as amended by Republic Act 8294 and 9516.
Biazon noted that at least 5,999 loose firearms were used in 5,752 criminal activities in 2008 nationwide.
The bill imposes an imprisonment term of six to 12 years or prision mayor in its maximum period (10 years, 1 day to 12 years) for illegal possession of firearms. Imitation firearms, when used to commit crimes, shall be considered as real firearms.
Engaging in manufacture and sale of unlicensed firearms and ammunition is punishable by 12 to 20 years to lifetime imprisonment.
An employee of a licensed firearms dealer found illegally selling wares shall be punished with six to 12 years imprisonment or prision mayor in its medium period (8 years, 1 day to 12 years).
The bill also provides that the government has the right to confiscate firearms illegally possessed by business corporations, partnerships, or associations.
Persons caught transferring possession of firearms to those who do not have a permit to carry weapons shall be punished with six years imprisonment and revocation of license. He would likewise be disqualified from applying for a license.
Public officials or employees who register a stolen firearm shall face six to 12 years imprisonment. A licensed firearm holder who fails to report the loss of a weapon shall be penalized with a jail term of one to six months or arresto mayor (1 month, 1 day to six months) and fined P20,000.
Persons holding a valid firearm license who change residence and fail to notify the FED-PNP either in person or by registered mail within 30 days shall be penalized with arresto mayor (1 month, 1 day to 6 months).
Persons who wish to engage in the manufacture or repair of firearms and ammunition shall first secure a license from the PNP chief.
Firearms which licenses are not renewed within six months from expiration date shall be surrendered. Firearm holders who twice fail to renew their licenses within six months from date of expiration shall be permanently disqualified from applying for a license.
Citing reports by the Geneva-based Graduate Institute of International Studies (GIIS), Biazon noted that some 1,110,372 loose firearms are in the hands of private armies and criminals. The number is four times larger than the combined firepower of the Armed Forces of the Philippines and the Philippine National Police.
PNP data shows there are some 578,585 loose firearms in the National Capital Region. Some 114,189 are supposedly possessed by the Moro Islamic Liberation Front, which is about to resume peace talks with the government, while 5,179 assorted firearms are in the hands of other threat groups in Mindanao. Criminal elements are believed to have gotten hold of 1,440 loose weapons.
Police data showed that some 101,758 loose firearms are in Region 4A; Central Luzon accounts for 78,151; Central Mindanao 62,718; Western Visayas 52,759; Central Visayas 52,732; Davao provinces 49,178; Southwestern Mindanao 45,974; Caraga Region 43,960; Eastern Visayas 43,409; Northern Mindanao 42,231; Cagayan Valley 32,326; Bicol Region 28,587; Ilocos Region 26,928; Cordillera Region 11,628 and Region 4B 8,779.
Wednesday, September 29, 2010
Pagkaka-iba ng Batikos at Bastos
Pwede ang batikos, pero bawal ang bastos. Yan ang motto ng totoong nambabatikos. Yung mga aso, tumatahol lang, bastos, hindi nambabatikos.
President's Foreign Travel Does Not Induce Foreign Investments
QUESTION: Sir John, bakit palaging kini-claim ng mga Presidente na accomplishment
daw nila na sila daw ang nagdala ng foreign investment galing sa ibang bansa tuwing sila ay nag-foreign travel?
ANSWER: Ewan ko kung bakit. Foreign Multinational Companies DON'T make decisions to invest overseas (such as into Philippines) on the basis/criteria that the President of the Philippines visited their country.
daw nila na sila daw ang nagdala ng foreign investment galing sa ibang bansa tuwing sila ay nag-foreign travel?
ANSWER: Ewan ko kung bakit. Foreign Multinational Companies DON'T make decisions to invest overseas (such as into Philippines) on the basis/criteria that the President of the Philippines visited their country.
Drop Lines on RH Bill
Ang proponents ng RH Bill ay (1) yung mga kengkoy na magagaling na Class-A na tipid manganak at pinapaki-alaman ang ibang pamilya na galante manganak, (2) yung mga politicians na ginagawang excuse ang population sa hindi pag-deliver ng mandate nila, at (3) mga Contraceptive-Producing Businesses.
xxxxx
Yung mga RH Bill proponents ay mga profit-oriented na condom-peddlers -- nagiging aggressive na sila oh. Pati gobyerno pinipilit nang bumili ng condom in bulk para pamigay sa mga taong bayan. Bakit, humihingi ba ng libreng condom ang masa? Hindi naman ah..
xxxxx
Ha? Matagal nang FREE ang mga tao sa Pinas na kumunsulta sa doctor at bumili ng contraceptives. Deka-dekada na.
Ang proponents ng RH Bill ay mga Condom Producing Companies. Ang bottomline na gusto ng proponents ng RH Bill ay bumili ng bulk na condoms ang gobyerno sa kanila at ipamigay sa mga tao. Negosyo ang pangunahing motibo ng RH Bill.
xxxxx
What? You want aproval of RH Bill para pwede nang gumamit ng contraceptives ang mga tao sa Pinas? Ano yang pinagsasabi mo? Ehh deka-decada na, matagal nang FREE ang mga Pilipino na kumunsulta sa doctor at bumili ng contraceptives.
xxxxx
Walang sinasabi ang Catholic na immoral ang pag-gamit ng contraceptives ng isang tao na kinakailangan eto. Ang sinasabi ng Catholic eh immoral na gamitin ng Condom Companies ang makinarya ng gobyerno para isulong ang condom product advertising nila. Yang RH Bill na yan ay lobby lang yan ng mga profit-oriented na mga Condom Companies.
Sa Pilipinas, matagal nang FREE ang sinumang tao na kumunsulta sa doctor nila at bumili ng contraceptives.
xxxxx
That is VERY VERY VERY True! RH Bill is nothing but a lobby to "use" government in an aggressive advertising strategy of the condom-producing businesses.
xxxxx
QUESTION: Sir John, is Philippine population growth a problem of Philippines? ANSWER: NO. Philippines need to triple it's population because we are primarily a labor-exporting economy and we are top in the competition. Our local economy will be stronger if we have more people working overseas. We, as a people, are not educated to become industrialists like the Americans and Japanese. We Filipinos, as a people, is a race of laborers.
Our greatest exportable resource is skilled labor (seamen, nurses, maids, construction workers, security guards). We just have to triple the production, invest in education and skills training of this particular exportable resources, institute labor exportation tarrif policies, limit the exportation to foreign nations with OCW protection Treaty with our country, I think the survival of our nation will be sustained in the long run.
Sabi nila, marami ang gagawa ng krimen at mamatay sa gutom kapag hinde mapigilan ang pagdami ng tao sa Pilipinas. Well, that is a myth, if not a common excuse of money-motivated criminals. Crime and population is not directly corellated.
Administrations blame crime and poverty to population AFTER the campaign. But DURING campaign, they breed voters and locally accomodate them in what we call squatters areas.
Population controls that are externally initiated is very expensive, but the result is negligible because it will never penetrate the moral decisions of the families to keep the child when they get pregnant.
Population Control Advocacy is already a problem at present because it only took effect with the Class A population. (i.e. Filipinos with good genes na matatalino, highly educated, athletically strong, hindi sakitin). Pag magiging matipid m...anganak ang Class-A population we are looking at a degradation of genes of the Filipino race in the long-run.
There is no population control advocacy tactics that I can think of that will focus on the Class-B population. Do you know why? Because for Class-B population, their only hope for assistance in the future when they grow old is their children -- the more children they have, the more secured their future is.
Government should not blame population growth rate when they fail to do their mandate. As they say, pag walang corrupt, walang mahirap. Hanggang may nakikita kang mahirap, ang ibig sabihin ay corrupt ang Administration ngayon.
xxxxx
All Religion is silent on population control issue. When they are forced by the population control lobbyists to make a comment, they merely say that they don't support the idea.
xxxxx
Let's deal with one issue at a time. First in first out. Jueteng muna i-resolve kasi hanging yan. Hindi pwedeng takpan yan ng walang kwentang RH Bill yan. Jueteng muna. Dapat mag-declara ng klarong klaro na katulad sa wangwang ang Presidente kung may bayag ba siya o wala na sugpuin ang Jueteng or gawing legal eto.
xxxxx
Yung mga RH Bill proponents ay mga profit-oriented na condom-peddlers -- nagiging aggressive na sila oh. Pati gobyerno pinipilit nang bumili ng condom in bulk para pamigay sa mga taong bayan. Bakit, humihingi ba ng libreng condom ang masa? Hindi naman ah..
xxxxx
Ha? Matagal nang FREE ang mga tao sa Pinas na kumunsulta sa doctor at bumili ng contraceptives. Deka-dekada na.
Ang proponents ng RH Bill ay mga Condom Producing Companies. Ang bottomline na gusto ng proponents ng RH Bill ay bumili ng bulk na condoms ang gobyerno sa kanila at ipamigay sa mga tao. Negosyo ang pangunahing motibo ng RH Bill.
xxxxx
What? You want aproval of RH Bill para pwede nang gumamit ng contraceptives ang mga tao sa Pinas? Ano yang pinagsasabi mo? Ehh deka-decada na, matagal nang FREE ang mga Pilipino na kumunsulta sa doctor at bumili ng contraceptives.
xxxxx
Walang sinasabi ang Catholic na immoral ang pag-gamit ng contraceptives ng isang tao na kinakailangan eto. Ang sinasabi ng Catholic eh immoral na gamitin ng Condom Companies ang makinarya ng gobyerno para isulong ang condom product advertising nila. Yang RH Bill na yan ay lobby lang yan ng mga profit-oriented na mga Condom Companies.
Sa Pilipinas, matagal nang FREE ang sinumang tao na kumunsulta sa doctor nila at bumili ng contraceptives.
xxxxx
That is VERY VERY VERY True! RH Bill is nothing but a lobby to "use" government in an aggressive advertising strategy of the condom-producing businesses.
xxxxx
QUESTION: Sir John, is Philippine population growth a problem of Philippines? ANSWER: NO. Philippines need to triple it's population because we are primarily a labor-exporting economy and we are top in the competition. Our local economy will be stronger if we have more people working overseas. We, as a people, are not educated to become industrialists like the Americans and Japanese. We Filipinos, as a people, is a race of laborers.
Our greatest exportable resource is skilled labor (seamen, nurses, maids, construction workers, security guards). We just have to triple the production, invest in education and skills training of this particular exportable resources, institute labor exportation tarrif policies, limit the exportation to foreign nations with OCW protection Treaty with our country, I think the survival of our nation will be sustained in the long run.
Sabi nila, marami ang gagawa ng krimen at mamatay sa gutom kapag hinde mapigilan ang pagdami ng tao sa Pilipinas. Well, that is a myth, if not a common excuse of money-motivated criminals. Crime and population is not directly corellated.
Administrations blame crime and poverty to population AFTER the campaign. But DURING campaign, they breed voters and locally accomodate them in what we call squatters areas.
Population controls that are externally initiated is very expensive, but the result is negligible because it will never penetrate the moral decisions of the families to keep the child when they get pregnant.
Population Control Advocacy is already a problem at present because it only took effect with the Class A population. (i.e. Filipinos with good genes na matatalino, highly educated, athletically strong, hindi sakitin). Pag magiging matipid m...anganak ang Class-A population we are looking at a degradation of genes of the Filipino race in the long-run.
There is no population control advocacy tactics that I can think of that will focus on the Class-B population. Do you know why? Because for Class-B population, their only hope for assistance in the future when they grow old is their children -- the more children they have, the more secured their future is.
Government should not blame population growth rate when they fail to do their mandate. As they say, pag walang corrupt, walang mahirap. Hanggang may nakikita kang mahirap, ang ibig sabihin ay corrupt ang Administration ngayon.
xxxxx
All Religion is silent on population control issue. When they are forced by the population control lobbyists to make a comment, they merely say that they don't support the idea.
xxxxx
Let's deal with one issue at a time. First in first out. Jueteng muna i-resolve kasi hanging yan. Hindi pwedeng takpan yan ng walang kwentang RH Bill yan. Jueteng muna. Dapat mag-declara ng klarong klaro na katulad sa wangwang ang Presidente kung may bayag ba siya o wala na sugpuin ang Jueteng or gawing legal eto.
Tuesday, September 28, 2010
Defending Jueteng on Moral Grounds
There is no Biblical passage that supports the position that gambling is immoral. There is nothing wrong in investing time, effort, and money to get a chance to hit a jackpot.
Jueteng does not make people lazy because it only takes 1 minute to bet. We can look at Multi-Level Marketing (MLM) as an investment/gambling that makes people lazy, where people put their money in and expect a perpetual downline expansion that will make them rich without working. MLM is widely practiced and it maked people lazy, but never Jueteng.
The worse gamble that makes people lazy are the game shows of Willie and Chris Aquino, poor people gamble their time, effort, money, and even risk their life to fall in line outside the TV Station to get a chance to be picked as game participants. Game shows on TV is legal.
Try to look also at the animal cruelty aspect of sabong where chickens are being played to kill each another in a very painful manner while the people enjoy watching. Sabong is legal.
In Jueteng, service is personalized because the kubrador goes right to your doorstep. Jueteng bet is very affordable, you can bet your small coins instead of using it to buy cigarette, so Jueteng is also a healthy alternative to smoking. It only takes less than a minute to bet, so it won't take much of your time and sure it won't make you lazy. Jueteng is not advertised, it does not induce people to bet, unlike the game shows on TV. No one will get hurt while betting in Jueteng, unlike the TV game shows where people are exposed to the risks of heat stroke and stampede.
Illegalization of Jueteng is the thing that leads to immorality. Immorality of Jueteng exists only when corrupt government law enforcers accept a payola of bribe money from Jueteng operators to tolerate its continuous operation despite its illegality.
Jueteng does not make people lazy because it only takes 1 minute to bet. We can look at Multi-Level Marketing (MLM) as an investment/gambling that makes people lazy, where people put their money in and expect a perpetual downline expansion that will make them rich without working. MLM is widely practiced and it maked people lazy, but never Jueteng.
The worse gamble that makes people lazy are the game shows of Willie and Chris Aquino, poor people gamble their time, effort, money, and even risk their life to fall in line outside the TV Station to get a chance to be picked as game participants. Game shows on TV is legal.
Try to look also at the animal cruelty aspect of sabong where chickens are being played to kill each another in a very painful manner while the people enjoy watching. Sabong is legal.
In Jueteng, service is personalized because the kubrador goes right to your doorstep. Jueteng bet is very affordable, you can bet your small coins instead of using it to buy cigarette, so Jueteng is also a healthy alternative to smoking. It only takes less than a minute to bet, so it won't take much of your time and sure it won't make you lazy. Jueteng is not advertised, it does not induce people to bet, unlike the game shows on TV. No one will get hurt while betting in Jueteng, unlike the TV game shows where people are exposed to the risks of heat stroke and stampede.
Illegalization of Jueteng is the thing that leads to immorality. Immorality of Jueteng exists only when corrupt government law enforcers accept a payola of bribe money from Jueteng operators to tolerate its continuous operation despite its illegality.
Monday, September 27, 2010
Permanent Gun Ban Survey
There was a survey that was persistently posted here. "how many in favor of a permanent gun ban in the Philippines?". Tapos ang result eh Yes 13% (63 votes) and NO 87% (432 votes).
Who will care to answer that survey? Diba yung mga kating-kati nang mag-dala ng baril na apektado sa gun ban? Sa survey meron tayong tinatawag na skewness. Pag ganyan ka extreme ang naging result, ng survey mo, medyo pagdududahan yung isang grupo na nangampanya.
It is the PNP who will be responsible in gun carry policies. Sa mga nangyayari ngayon na maraming lapses sa existing permits, ewan natin kung ano ang gagawin ng PNP, pero hindi mo madadala yan sa ganyang na exaggerate na survey result.
Atsaka merong mga public policy na hindi pwede idaan sa numbers game survey. Halimbawa ganyan: "how many in favor of a permanent gun ban in the Philippines?". Tapos ang result eh Yes 13% (63 votes) and NO 87% (432 votes). Magtataka ka sa resulta kung anong nangyari dahil 99.9% ng population eh unarmed tapos napaka-konti ng gun-carriers. Atsaka meron ding nakapagsabi na nag-kontakan ang mga organized gun carriers na mag vote sa survey, habang ang mga non-gun carriers ay wala lang.
Who will care to answer that survey? Diba yung mga kating-kati nang mag-dala ng baril na apektado sa gun ban? Sa survey meron tayong tinatawag na skewness. Pag ganyan ka extreme ang naging result, ng survey mo, medyo pagdududahan yung isang grupo na nangampanya.
It is the PNP who will be responsible in gun carry policies. Sa mga nangyayari ngayon na maraming lapses sa existing permits, ewan natin kung ano ang gagawin ng PNP, pero hindi mo madadala yan sa ganyang na exaggerate na survey result.
Atsaka merong mga public policy na hindi pwede idaan sa numbers game survey. Halimbawa ganyan: "how many in favor of a permanent gun ban in the Philippines?". Tapos ang result eh Yes 13% (63 votes) and NO 87% (432 votes). Magtataka ka sa resulta kung anong nangyari dahil 99.9% ng population eh unarmed tapos napaka-konti ng gun-carriers. Atsaka meron ding nakapagsabi na nag-kontakan ang mga organized gun carriers na mag vote sa survey, habang ang mga non-gun carriers ay wala lang.
Saturday, September 25, 2010
Checkpoint Strategic Locations
CHECKPOINT is the only way that police can guarantee that they are in the right place, right time, proper equipment, favorable terrain, and proper training to PREVENT gun-aided crimes and other crimes such as kidnapping and drug trade.
Police visibility without checkpoint is useless. The gun-carrying criminals will just enjoy the sight of clowns sleeping in their patrol cars while the light stroves are on. But when these visible policemen are coupled with checkpoints, criminals will have to think about building underground tunnels to survive in the underground business, or better yet just be a good citizen to avoid trouble.
The frisking and car inspection at the entrance of malls, train stations, and airports are actually checkpoints; and they prove effective in creating a safe environment inside the controlled area. We, who reside in Metro Manila are witness to this benefit; but those Filipinos abroad cannot picture what we are talking about.
There is no need for Martial Law in the implementation of the New Effective Checkpoint System. For the Phase 1 of the NECS program, we just have to expand the checkpoint system to the following areas in Metro Manila and other major cities in the provinces:
Eto lang ang coverage ng NECS:
PHASE 1 (meron na tayo nito, although hindi pa complete)
1. Malls
2. Train Stations
3. Bus Terminals
4. Airport
5. Seaports
PHASE 2
1. Gates of Residential Subdivisions
2. Lobbies of Condominiums/Buildings
3. Expressway Toll Gates
4. Walled Slum Areas
5. Schools/Universities/Colleges
6. Jeepney/FX Terminals
No need to hire more cops. The checkpoint will be manned by licensed security guards and baranggay tanods. The heavily armed police patrol cars will be strategically positioned near these checkpoints.
xxxxx
NECS IS NOT A ROADBLOCK CHECKPOINT
There are two kinds of Roadblock Chekpoints: (1) Random, and (2) Mandatory. NECS is not a Roadblock Checkpoint. In fact, NECS will remove the Roadblock Checkpoints. Roadbolock Checkpoint is useless. Talo ka sa patentero nyan. Yang ginagawa ang PNP ngayon sa mga highway, ayoko nyan, walang kwenta yan, hakakatakot yan sa hulidap, magsasayang lang tayo ng resources nyan. Walang ganyan sa NECS.
Police visibility without checkpoint is useless. The gun-carrying criminals will just enjoy the sight of clowns sleeping in their patrol cars while the light stroves are on. But when these visible policemen are coupled with checkpoints, criminals will have to think about building underground tunnels to survive in the underground business, or better yet just be a good citizen to avoid trouble.
The frisking and car inspection at the entrance of malls, train stations, and airports are actually checkpoints; and they prove effective in creating a safe environment inside the controlled area. We, who reside in Metro Manila are witness to this benefit; but those Filipinos abroad cannot picture what we are talking about.
There is no need for Martial Law in the implementation of the New Effective Checkpoint System. For the Phase 1 of the NECS program, we just have to expand the checkpoint system to the following areas in Metro Manila and other major cities in the provinces:
Eto lang ang coverage ng NECS:
PHASE 1 (meron na tayo nito, although hindi pa complete)
1. Malls
2. Train Stations
3. Bus Terminals
4. Airport
5. Seaports
PHASE 2
1. Gates of Residential Subdivisions
2. Lobbies of Condominiums/Buildings
3. Expressway Toll Gates
4. Walled Slum Areas
5. Schools/Universities/Colleges
6. Jeepney/FX Terminals
No need to hire more cops. The checkpoint will be manned by licensed security guards and baranggay tanods. The heavily armed police patrol cars will be strategically positioned near these checkpoints.
xxxxx
NECS IS NOT A ROADBLOCK CHECKPOINT
There are two kinds of Roadblock Chekpoints: (1) Random, and (2) Mandatory. NECS is not a Roadblock Checkpoint. In fact, NECS will remove the Roadblock Checkpoints. Roadbolock Checkpoint is useless. Talo ka sa patentero nyan. Yang ginagawa ang PNP ngayon sa mga highway, ayoko nyan, walang kwenta yan, hakakatakot yan sa hulidap, magsasayang lang tayo ng resources nyan. Walang ganyan sa NECS.
Profiling the Anti-Gun-Control
QUESTION from Chat: Sir John, why are there few persons in the thread who appear to be promoting the proliferation of guns?
ANSWER: PROGUN-Runners are composed of people in the business of selling guns. They gun-profiteers, they are anti-peace, they are PROGUN-Arrogance, and their marketing strategy are irresponsible. They believe that -- (1) more gun-aided-crimes would translate to increased feeling of terror by the people, then (2) the more people are afraid, they come in with their marketing slogan that says "owning a gun is the best self-defense", and (3) then more people will buy guns.
These gun runners are also the proponents of policy change that will not put a limit to number of guns a person can possess. In line with this, they don't like gun licensing but they want only person licensing. They are also don't want ammunition control. Another trademark proposal of these gun runners is they want the licensing to be administered by a Board of private persons that they can "influence".
These gun runners also earn a lot from percentages of grease money for no-hassle permits. Our society is facing a huge crime problem now because gun permit requirements are compromised by these gun runners in conspiracy with corrupt adjudicators in PNP.
ANSWER: PROGUN-Runners are composed of people in the business of selling guns. They gun-profiteers, they are anti-peace, they are PROGUN-Arrogance, and their marketing strategy are irresponsible. They believe that -- (1) more gun-aided-crimes would translate to increased feeling of terror by the people, then (2) the more people are afraid, they come in with their marketing slogan that says "owning a gun is the best self-defense", and (3) then more people will buy guns.
These gun runners are also the proponents of policy change that will not put a limit to number of guns a person can possess. In line with this, they don't like gun licensing but they want only person licensing. They are also don't want ammunition control. Another trademark proposal of these gun runners is they want the licensing to be administered by a Board of private persons that they can "influence".
These gun runners also earn a lot from percentages of grease money for no-hassle permits. Our society is facing a huge crime problem now because gun permit requirements are compromised by these gun runners in conspiracy with corrupt adjudicators in PNP.
Friday, September 24, 2010
Jason Ivler from my Perspective
The Jason Ivler Page in FB is the ultimate barometer of the peoples frustration. I am a member of that page, not an an anti-system, but as a scholar who is trying to monitor the barometer.
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Herbert: hinde ko pa kilala si mr. ivler? kaunti sa tv eh
9:52am
Me: Jason Ivler yung bumaba sa koste niya at pinag-babaril ang naka-initan sa kalye. Then nagtago, tinulungan ng nanay na magtago, at nung nahanap ang hide-out niya ay nakipag-barilan sa NBI. Yung mommy niya ay sister ni Fredie Aguilar. Jason Aguilr Ivler true name nyan, former US Army Special Forces, less than 30 pa yang bata na yan pero matigas ang ulo.
9:54am
Herbert: ano po yung kasalanan pala nya john? baket dinakip sya ng pulis?
9:54am
Me: Murder.
9:56am
Herbert: sino yung biktima?
9:57am
Me: Anak ng taga Malacanang daw eh. Ka-alyado ni President Gloria Arroyo.
9:59am
Me: Nasa custody na ng NBI yan si Jason. Nasa ospital, ang daming nag-babantay nyan na NBI dahil parang tigre yan. Naka-posas palagi yan 24/7 kahit na sedate at inooperahan yan sa surgery room eh naka-posas pa rin.
10:00am
Herbert: anung pangalan ng biktima at possible bang na frame up si jason ivler? totoo ba yung allegation na sya ang pumatay?
10:00am
Me: Siya talaga ang bumaril. Si Jason talaga. Hindi frame-up.
10:02am
Me: Pangalawa na yang binaril na yan. Meron na yang binaril noong araw pa years before that, nahuli din siya noon yung first time pa niyang gawin pero nagawan yata ng paraan.
10:02am
Herbert: sa anung dahilan john? ganun din sa pangalawa?
10:03am
Me: Yan ang hindo ko alam.
Yan si Jason, lumalaban yan mag-isa ng barilan sa mga pulis.
Matapang yang bata na yan.
10:05am
Herbert: sabe daw ng kaibigan ko na galit si jason ivler sa mga driver na hinde mabilis magpatakbo?
totoo?
10:06am
Me: Galit yan sa driver na pa-ekis-ekis parang ahas sa kalye na hindi nag-sisignal na mag-change lane, tapos mabagal pa magpa-takbo, NAKU galit daw yan si Jason Ivler sa mga ganyan.
10:08am
Herbert: so anung connection yang paghuli kay jason sa mga anti-system na galit sa gobyerno? ano bang kabutihan ang nagawa ni jason sa mga yan?
10:11am
Me: Ang rebelious behavior ni Jason ay sanhi sa galit niya sa sistema ng inutile gobyerno. Government is System. Anti-Government is Anti-System.
Tayo kasi, frustrated din tayo sa gobyerno, pero hindi tayo anti-system. Ang gusto natin ay gawing tuwid ang gobyerno through corrections and exhortations (batikos). Yang mga Anti-System, feling nila hopeless na talaga at kailangan na ng Revolution.
10:13am
Me: Jason Ivler is the icon of courage para sa mga revolutionary. Yang mga sumusuporta kay Jason, mga revolutionary yan from the Elite Rich Sector, hindi yan sila katulad ng mga NPA na mga pulubi.
xxxxx
Herbert: hinde ko pa kilala si mr. ivler? kaunti sa tv eh
9:52am
Me: Jason Ivler yung bumaba sa koste niya at pinag-babaril ang naka-initan sa kalye. Then nagtago, tinulungan ng nanay na magtago, at nung nahanap ang hide-out niya ay nakipag-barilan sa NBI. Yung mommy niya ay sister ni Fredie Aguilar. Jason Aguilr Ivler true name nyan, former US Army Special Forces, less than 30 pa yang bata na yan pero matigas ang ulo.
9:54am
Herbert: ano po yung kasalanan pala nya john? baket dinakip sya ng pulis?
9:54am
Me: Murder.
9:56am
Herbert: sino yung biktima?
9:57am
Me: Anak ng taga Malacanang daw eh. Ka-alyado ni President Gloria Arroyo.
9:59am
Me: Nasa custody na ng NBI yan si Jason. Nasa ospital, ang daming nag-babantay nyan na NBI dahil parang tigre yan. Naka-posas palagi yan 24/7 kahit na sedate at inooperahan yan sa surgery room eh naka-posas pa rin.
10:00am
Herbert: anung pangalan ng biktima at possible bang na frame up si jason ivler? totoo ba yung allegation na sya ang pumatay?
10:00am
Me: Siya talaga ang bumaril. Si Jason talaga. Hindi frame-up.
10:02am
Me: Pangalawa na yang binaril na yan. Meron na yang binaril noong araw pa years before that, nahuli din siya noon yung first time pa niyang gawin pero nagawan yata ng paraan.
10:02am
Herbert: sa anung dahilan john? ganun din sa pangalawa?
10:03am
Me: Yan ang hindo ko alam.
Yan si Jason, lumalaban yan mag-isa ng barilan sa mga pulis.
Matapang yang bata na yan.
10:05am
Herbert: sabe daw ng kaibigan ko na galit si jason ivler sa mga driver na hinde mabilis magpatakbo?
totoo?
10:06am
Me: Galit yan sa driver na pa-ekis-ekis parang ahas sa kalye na hindi nag-sisignal na mag-change lane, tapos mabagal pa magpa-takbo, NAKU galit daw yan si Jason Ivler sa mga ganyan.
10:08am
Herbert: so anung connection yang paghuli kay jason sa mga anti-system na galit sa gobyerno? ano bang kabutihan ang nagawa ni jason sa mga yan?
10:11am
Me: Ang rebelious behavior ni Jason ay sanhi sa galit niya sa sistema ng inutile gobyerno. Government is System. Anti-Government is Anti-System.
Tayo kasi, frustrated din tayo sa gobyerno, pero hindi tayo anti-system. Ang gusto natin ay gawing tuwid ang gobyerno through corrections and exhortations (batikos). Yang mga Anti-System, feling nila hopeless na talaga at kailangan na ng Revolution.
10:13am
Me: Jason Ivler is the icon of courage para sa mga revolutionary. Yang mga sumusuporta kay Jason, mga revolutionary yan from the Elite Rich Sector, hindi yan sila katulad ng mga NPA na mga pulubi.
Complaint Fee in Philippine Government
Ang alam kong pinaka-pangit na govt agency pag-dating sa complaint handling ay ang HLURB, na siyang nag-reregulate ng condominium/subdivision projects at mga real estate agents na nag-bebenta ng projects. Masasabi ko na pangit dahil pag mag-file ka ng complain laban sa mga violators, hihingan ka ng bayad na P1,010 at may resibo ka pa. In short, talagang standard na etong Complaint Fee. GRABE! He he he. The result is obvious -- look at how substandard our real estate industry is.
xxxxx
Ang PNP naman, swabe sila sa complaint handling. Ang hihingin sayo ay "pang-gasolina", pero walang resibo ha. Atsaka mag-hesitate ka na mag-complain sa PNP baka kasi yung hulihin nilang tao ay i-torture nila katulad nung penis-pulling torture and french-kiss torture.
xxxxx
Ang PNP naman, swabe sila sa complaint handling. Ang hihingin sayo ay "pang-gasolina", pero walang resibo ha. Atsaka mag-hesitate ka na mag-complain sa PNP baka kasi yung hulihin nilang tao ay i-torture nila katulad nung penis-pulling torture and french-kiss torture.
On Anti-Littering Law and Vandalism
Okay naman yang Anti-Litering Law. Pero, sa opinion ko, mas nakaka-rumi tingnan ang graffiti vandals kesa sa mga candy-wrapper droppings. May possibility na ang dropping ay accidenteng nalaglag lang hindi na shoot sa bag or sa bulsa. Pero ang graffiti vandalism ay talagang deliberate ang intention yan, bumili pa ng spray paint, at pinagplanuhan talaga ang misdemeanor. Last week lang may nakita ako sa wall ng C5 nag graffiti vandal, tiningnan lang ng nakakita na MMDA na parang walang nangyari, hindi man lang sinita. Naisip ko tuloy na baka kakilala yata ng MMDA yung mga gumagawa ng vandalism para ma-justify ang mga panibagong painting project expense ng MMDA.
Questionable Courage in AFP/PNP
Our PNP/AFP "Courage" is questionable. They send in "deputized" people sa front-line na gagawa ng harassment na hindi nila kayang gawin. Marami nang beses nangyari yan. Sa mga demolitions. Sa rally dispersal. Yung mga CVO ng Ampatuan mga deputized yun ng regular forces natin. Sa mga provinces merong CAFGU.
We thought that our police/military are "Trained" but we are not getting good service at the front contact. The reason being is that they delegate the function to less competent persons na mas matapang sa kanila pero mas matindi ang pangangailangan ng pera na willing mamatay basta maka-kain lang. SInasamantala ng mga regular forces natin ang mga matapang na mahihirap.
We thought that our police/military are "Trained" but we are not getting good service at the front contact. The reason being is that they delegate the function to less competent persons na mas matapang sa kanila pero mas matindi ang pangangailangan ng pera na willing mamatay basta maka-kain lang. SInasamantala ng mga regular forces natin ang mga matapang na mahihirap.
On Filtering of Criticisms in PNoy Page
Hindi pwedeng one-sided ang mga commentators. Hindi pwedeng puro kamot na lang sa likod ni PNoy. Si PNoy lang ang sarili niya ang gagawa ng magandang pangalan niya by just doing his mandate na ipatupad ang mga batas at paandarin ng maayos ang mga departamento ng pamahalaan.
Kung bastos ang batikos, trabaho yan ng Admin ng page na eto na i-delete. Kung hindi bastos, maririnig yan dapat. Hindi pwedeng meron pang isang layer na mag-filter ng opinion. Kung i-filter nyo ang opinion ko at gamitin ako na pampa-pogi ni PNoy, bayad kayo P3Million a year.
Kaya nga, hayaan natin na maging independente ang mga comments para makita natin ang iba't ibang sides ng "perception". Ang gobyerno kasi, walang empleyado ng gobyerno na babatikusin ang gobyerno dahil magiging issue yan ng loyalty.
Walang ...miyembro ng administration na babatikos sa saliri nilang team dahil magiging issue yan nga loyalty. Dahil dito, kailangan ng mga tao sa labas na mambatikos para ma-linis ang gobyerno.
Yung pag-bubuhat ng bangko ng gobyerno, trabaho yan ng Cmmunication and Advocacy Program (CAP) ng gobyerno. Two years ako sa trabaho sa CAP kaya alam ko yang mechanics nyan. Yang CAP, pwede naman sila mag-hire ng Effective Individuals or PR Companies na gumawa ng activities para mapa-pogi ang gobyerno or si PNoy. Sa US ngayon si PNoy diba merong na-hire na PR Company para i-package siya? Ganyan yan.
Kung bastos ang batikos, trabaho yan ng Admin ng page na eto na i-delete. Kung hindi bastos, maririnig yan dapat. Hindi pwedeng meron pang isang layer na mag-filter ng opinion. Kung i-filter nyo ang opinion ko at gamitin ako na pampa-pogi ni PNoy, bayad kayo P3Million a year.
Kaya nga, hayaan natin na maging independente ang mga comments para makita natin ang iba't ibang sides ng "perception". Ang gobyerno kasi, walang empleyado ng gobyerno na babatikusin ang gobyerno dahil magiging issue yan ng loyalty.
Walang ...miyembro ng administration na babatikos sa saliri nilang team dahil magiging issue yan nga loyalty. Dahil dito, kailangan ng mga tao sa labas na mambatikos para ma-linis ang gobyerno.
Yung pag-bubuhat ng bangko ng gobyerno, trabaho yan ng Cmmunication and Advocacy Program (CAP) ng gobyerno. Two years ako sa trabaho sa CAP kaya alam ko yang mechanics nyan. Yang CAP, pwede naman sila mag-hire ng Effective Individuals or PR Companies na gumawa ng activities para mapa-pogi ang gobyerno or si PNoy. Sa US ngayon si PNoy diba merong na-hire na PR Company para i-package siya? Ganyan yan.
High-Priority Advocacies for 2010
Guys, let's focus on 3 High Priority Anti-Corruption Advocacies before the year 2010 ends:
1. Illegal Gambling Payola (DILG, PNP)
2. Colorum Real Estate Professionals (PRC, HLURB, DOLE, BIR, DTI)
3. Gun-Aided Crimes (DILG, PNP, AFP, COMELEC)
Let's help this administration by providing external advocacy pressure that will prompt the President to find reason and urgency to clean-up the departments. My personal voluntary mission is for the President to pass this 6-year full term with flying colors.
1. Illegal Gambling Payola (DILG, PNP)
2. Colorum Real Estate Professionals (PRC, HLURB, DOLE, BIR, DTI)
3. Gun-Aided Crimes (DILG, PNP, AFP, COMELEC)
Let's help this administration by providing external advocacy pressure that will prompt the President to find reason and urgency to clean-up the departments. My personal voluntary mission is for the President to pass this 6-year full term with flying colors.
Thursday, September 23, 2010
New Effective Checkpoint System (NECS)
Checkpoint is necessary in any system that needs security control. Even computers have checkpoint using name and password system.
It has been proven in the past, the checkpoint system that we have at present will not work. The procedure has to be totally revised. Hence the New Effective Checkpoint System (NECS). NECS will have the following characteristics.
-Strategic and unpredictable location/time
-Two types: (1) permanent location, and (2) mobile location. Permanent location are in entrance/exit of malls, train stations, buildings, residential condominiums, residential subdivisions, residential villages, clustered night entertainment spots.
-Highly trained personnel on rotation. No permanent checkpoint area for personnel.
-Authenticity is verifiable from the end of the public, using text/sms technology.
-Search procedure is quick and routine. Fliers will be given to motorists.
-Search is aided by sniffer dogs.
-Search has operations computerized automatic issuance of receipt (paper trail) specifying the names of checkpoint personnel, location and time of search.
-Operations audit and positive search drill is participated in by private sector.
-All driver license applicants (new and renewal) will pass through a required drill on checkpoint SOP.
It has been proven in the past, the checkpoint system that we have at present will not work. The procedure has to be totally revised. Hence the New Effective Checkpoint System (NECS). NECS will have the following characteristics.
-Strategic and unpredictable location/time
-Two types: (1) permanent location, and (2) mobile location. Permanent location are in entrance/exit of malls, train stations, buildings, residential condominiums, residential subdivisions, residential villages, clustered night entertainment spots.
-Highly trained personnel on rotation. No permanent checkpoint area for personnel.
-Authenticity is verifiable from the end of the public, using text/sms technology.
-Search procedure is quick and routine. Fliers will be given to motorists.
-Search is aided by sniffer dogs.
-Search has operations computerized automatic issuance of receipt (paper trail) specifying the names of checkpoint personnel, location and time of search.
-Operations audit and positive search drill is participated in by private sector.
-All driver license applicants (new and renewal) will pass through a required drill on checkpoint SOP.
Unleashing the Irregularity Reporting Incentive System
Irregularity Reporting Incentive System provides reward, uniform honor stripe, ceremonial recognition, unconditional promotion, and retaliation protection to law enforcers who will report bribe offers, unlawful orders from superiors, and unethical practices in the office where he is working. We don't have this in place yet in the Philippines. It is my original idea, designed for the Estrada Administration. But we lost.
Wednesday, September 22, 2010
PNoy Hamburger Meal in US
While PNoy shows off his gusto in devouring hamburger, the US Congress have deliberated a Child Nutrition Bill that seeks to control advertising of unhealthy fastfood diet to curb down health problems associated with fastfood obesity.
Limitation of In-House Ammunition
Each individual may own as many guns he wants, but should not keep in his house more than one gun and a few ammunitions, the rest of his guns, no matter how big the caliber is, must be deposited for safe-keeping in a secured depository in a police/military camp.
There is no such thing as absolute disarmament program. Some people will be allowed to keep guns at home, some people will be allowed to carry gun outdoors. But the requirements and qualifications of permit to keep-at-home and permit to carry will have to be rationalized, with public safety in mind, and implementation will have to be tightened.
I think six rounds of ammunition for home-gun would be enough.
The justification of one gun rule is simple. You don't need more than one gun. One gun is enough for in-house self-defense purpose.
There is no scientific justification for the number of ammunition, except that some revolvers only have 5-6 rounds. So I think six rounds is just enough to fully fill those revolvers. You can make it 5 or 7 or 8, but its to be "just enough" and "not too much". This is open to discussion, but decision has to be made as to the maximum.
The standard gun ownership training will indoctrinate RUN and WALK AWAY as the best self defense. You don't use gun to kill. You just use it for self defense, just to slow-down your attacker and give you time to run away. You fire a few rounds, then run away from the situation.
Definitely, no high-powered rifle for in-house keeping.
There is no such thing as absolute disarmament program. Some people will be allowed to keep guns at home, some people will be allowed to carry gun outdoors. But the requirements and qualifications of permit to keep-at-home and permit to carry will have to be rationalized, with public safety in mind, and implementation will have to be tightened.
I think six rounds of ammunition for home-gun would be enough.
The justification of one gun rule is simple. You don't need more than one gun. One gun is enough for in-house self-defense purpose.
There is no scientific justification for the number of ammunition, except that some revolvers only have 5-6 rounds. So I think six rounds is just enough to fully fill those revolvers. You can make it 5 or 7 or 8, but its to be "just enough" and "not too much". This is open to discussion, but decision has to be made as to the maximum.
The standard gun ownership training will indoctrinate RUN and WALK AWAY as the best self defense. You don't use gun to kill. You just use it for self defense, just to slow-down your attacker and give you time to run away. You fire a few rounds, then run away from the situation.
Definitely, no high-powered rifle for in-house keeping.
Reason of Loose Firearms
I have spoken to many owners of loose firearms and the reason why they don't register their guns is because they don't want to be tied up to the periodic renewal fees of license. There are also many persons who simultaneously own licensed guns and loose guns, even law enforcers. In my opinion, voluntary registration of loose firearm should be a year-round program that is supported by incentives.
Each unit must be registered for balistic identification purpose.
Each unit must be registered for balistic identification purpose.
Firearm Rules Enforcement Services
I am also thinking of responsive and preemptive suspension of permit to keep a gun at home to persons with complaints by members of his own household, or by neighbors, or by any third party. In cases like this, the Police will have to visit the person to suspend his license, get his gun for safe keeping in the Police Camp, retraining, and validation psych exam. Complaints would include domestic violence, violent behavior, alcoholism, drug use, verbal threats, unsafe handling of firearm, show-off of firearm, etc.
Firearm Licensing Office will no longer be just plain license application paperwork adjudicators, but they have to provide SERVICES that will maintain high standard among licensed gun owners. We pay them fees, we want rules enforcement services from them.
Alfredo Lim - Berdugo ng Maynila
Mayor Lim is popularly known as Berdugo ng Maynila. This is the reputation that he wants to protect. The Mendoza Hostage is not the first time he harassed a relative of a criminal. In fact he had done it a hundred times. Remember he is that one who painted "Drug Pusher Lives Here" on the walls and doors of households w...here suspected drug pushers live. As far as my memory is concerned, Mr. Alfredo Lim is a politician that disregard human rights, and he will die of old age with this memory
in my mind.
In the City of Manila, a lot of disappearing detainees and summary execution were documented, and rumors around commonly associate this phenomenon with legend of the Berdugo ng Maynila. Remember that video of a detainee tortured with a role onto his penis, that allegedly happened in the City of Manila.
in my mind.
In the City of Manila, a lot of disappearing detainees and summary execution were documented, and rumors around commonly associate this phenomenon with legend of the Berdugo ng Maynila. Remember that video of a detainee tortured with a role onto his penis, that allegedly happened in the City of Manila.
Tuesday, September 21, 2010
Jueteng and Raffle
QUESTION: Sir John, are you in favor of legalizing Jueteng?
ANSWER: The issue have TWO proponents, (1) Illegal but jueteng operation continues and corrupt officials get payola, (2) Legal and jueteng draw is fairness-monitored, jueteng livelihood is protected by the state, and gambling profits pay taxes to the national treasury. I am on the side of #2.
Follow-up QUESTION: If it continues to be Illegal do you think it can be stopped?
ANSWER: Not in the next 6 years. The Aquino Administration has expectation rate of ZERO in terms of political will, aside from the fact that this Administration is lazy and tolerant of corruption. Maybe in the next Administration we will have hope.
xxxxx
We should also consider that illegal gambling operation exists in many corners of the country BECAUSE it is one way the LGU and the Police raise personal funds off the books. Jueteng cannot be stopped. It is a cooperative fund-raising activity of the cops and the LGUs. Worse than Jueteng is RAFFLE, and it is also very ramphant. Moral issue? Duhhh! There is no Biblical passage that says gamblingis a sin. Even schools and churches have raffle bonanzas and bingo where people sit for long hours waiting for the number-result to come up. Gambling, from the point of view of operators, is just a fund-raising.
xxxxx
Sa Pilipinas, bata pa lang ang mga student natin, binibentahan na ng RAFFLE, at pinag-oorganize na ng raffle operation ang mga students natin. Raffle is a form of gambling and we are teaching our kids at a very early age. How could we stop gambling?
ANSWER: The issue have TWO proponents, (1) Illegal but jueteng operation continues and corrupt officials get payola, (2) Legal and jueteng draw is fairness-monitored, jueteng livelihood is protected by the state, and gambling profits pay taxes to the national treasury. I am on the side of #2.
Follow-up QUESTION: If it continues to be Illegal do you think it can be stopped?
ANSWER: Not in the next 6 years. The Aquino Administration has expectation rate of ZERO in terms of political will, aside from the fact that this Administration is lazy and tolerant of corruption. Maybe in the next Administration we will have hope.
xxxxx
We should also consider that illegal gambling operation exists in many corners of the country BECAUSE it is one way the LGU and the Police raise personal funds off the books. Jueteng cannot be stopped. It is a cooperative fund-raising activity of the cops and the LGUs. Worse than Jueteng is RAFFLE, and it is also very ramphant. Moral issue? Duhhh! There is no Biblical passage that says gamblingis a sin. Even schools and churches have raffle bonanzas and bingo where people sit for long hours waiting for the number-result to come up. Gambling, from the point of view of operators, is just a fund-raising.
xxxxx
Sa Pilipinas, bata pa lang ang mga student natin, binibentahan na ng RAFFLE, at pinag-oorganize na ng raffle operation ang mga students natin. Raffle is a form of gambling and we are teaching our kids at a very early age. How could we stop gambling?
Monday, September 20, 2010
Republic Act 9516, Anti-Red Tape Act of 2007
REPUBLIC ACT NO. 9485
REPUBLIC ACT NO. 9485 [S. No. 2589 & H. No. 3776] - AN ACT TO IMPROVE EFFICIENCY IN THE DELIVERY OF GOVERNMENT SERVICE TO THE PUBLIC BY REDUCING BUREAUCRATIC RED TAPE PREVENTING GRAFT AND CORRUPTION, AND PROVIDING PENALTIES THEREFOR
Begun and held in Metro Manila, on Monday, the Nineteenth day of February, Two Thousand Seven.
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the “Anti-Red Tape Act of 2007”.
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to promote integrity, accountability, proper management of public affairs and public property as well as to establish effective practices aimed at the prevention of graft and corruption in government. Towards this end, the State shall maintain honesty and responsibility among its public officials and employees, and shall take appropriate measures to promote transparency in each agency with regard to the manner of transacting with the public, which shall encompass a program for the adoption of simplified procedures that will reduce red tape and expedite transactions in government.
Sec. 3. Coverage. - This Act shall apply to all government offices and agencies including local government units and government-owned or -controlled corporations that provide frontline services as defined in this Act. Those performing judicial, quasi-judicial and legislative functions are excluded from the coverage of this Act.
Sec. 4. Definition of Terms. - As used in this Act, the following terms are defined as follows:
(a) “Simple Transactions” refer to requests or applications submitted by clients of a government office or agency which only require ministerial actions on the part of the public officer or employee, or that which present only inconsequential issues for the resolution by an officer or employee of said government office.
(b) “Complex Transactions” refer to requests or applications submitted by clients of a government office which necessitate the use of discretion in the resolution of complicated issues by an officer or employee of said government office, such transaction to be determined by the office concerned.
(c) “Frontline Service” refers to the process or transaction between clients and government offices or agencies involving applications for any privilege, right, permit, reward, license, concession, or for any modification, renewal or extension of the enumerated applications and/or requests which are acted upon in the ordinary course of business of the agency or office concerned.
(d) “Action” refers to the written approval or disapproval made by a government office or agency on the application or request submitted by a client for processing.
(e) “Officer or Employee” refers to a person employed in a government office or agency required to perform specific duties and responsibilities related to the application or request submitted by a client for processing.
(f) “Irrelevant requirement” refer to any document or performance of an act not directly material to the resolution of the issues raised in the request or needed in the application submitted by the client.
(g) “Fixer” refers to any individual whether or not officially involved in the operation of a government office or agency who has access to people working therein, and whether or not in collusion with them, facilitates speedy completion of transactions for pecuniary gain or any other advantage or consideration.
Sec. 5 Reengineering of Systems and Procedures. - All offices and agencies which provide frontline services are hereby mandated to regularly undertake time and motion studies, undergo evaluation and improvement of their transaction systems and procedures and re-engineer the same if deemed necessary to reduce bureaucratic red tape and processing time.
Sec. 6. Citizen’s Charter. - All government agencies including departments, bureaus, offices, instrumentalities, or government-owned and/or controlled corporations, or local government or district units shall set up their respective service standards to be known as the Citizen’s Charter in the form of information billboards which should be posted at the main entrance of offices or at the most conspicuous place, and in the form of published materials written either in English, Filipino, or in the local dialect, that detail:
(a) The procedure to obtain a particular service;
(b) The person/s responsible for each step;
(c) The maximum time to conclude the process;
(d) The document/s to be presented by the customer, if necessary;
(e) The amount of fees, if necessary; and
(f) The procedure for filing complaints.
Sec. 7. Accountability of the Heads of Offices and Agencies. - The head of the office or agency shall be primarily responsible for the implementation of this Act and shall be held accountable to the public in rendering fast, efficient, convenient and reliable service. All transactions and processes are deemed to have been made with the permission or clearance from the highest authority having jurisdiction over the government office or agency concerned.
Sec. 8. Accessing Frontline Services. - The following shall be adopted by all government offices and agencies:
(a) Acceptance of Applications and Request - (1) All officers or employees shall accept written applications, requests, and/or documents being submitted by clients of the office or agencies.
(2) The responsible officer or employee shall acknowledge receipt of such application and/or request by writing or printing clearly thereon his/her name, the unit where he/she is connected with, and the time and date of receipt.
(3) The receiving officer or employee shall perform a preliminary assessment of the request so as to promote a more expeditious action on requests.
(b) Action of Offices - (1) All applications and/or requests submitted shall be acted upon by the assigned officer or employee during the period stated in the Citizen’s Charter which shall not be longer than five working days in the case of simple transactions and ten (10) working days in the case of complex transactions from the date the request or application was received. Depending on the nature of the frontline services requested or the mandate of the office or agency under unusual circumstances, the maximum time prescribed above may be extended. For the extension due to nature of frontline services or the mandate of the office or agency concerned the period for the delivery of frontline services shall be indicated in the Citizen’s Charter. The office or agency concerned shall notify the requesting party in writing of the reason for the extension and the final date of release for the extension and the final date of release of the frontline service/s requested.
(2) No application or request shall be returned to the client without appropriate action. In case an application or request is disapproved, the officer or employee who rendered the decision shall send a formal notice to the client within five working days from the receipt of the request and/or application, stating therein the reason for the disapproval including a list of specific requirement/s which the client failed to submit.
(c) Denial of Request for Access to Government Service - Any denial of request for access to government service shall be fully explained in writing, stating the name of the person making the denial and the grounds upon which such denial is based.
Any denial of request is deemed to have been made with the permission or clearance from the highest authority having jurisdiction over the government office or agency concerned.
(d) Limitation of Signatories - The number of signatories in any document shall be limited to a maximum of five signatures which shall represent officers directly supervising the office or agency concerned.
(e) Adoption of Working Schedules to Serve Clients - Heads of offices and agencies which render frontline services shall adopt appropriate working schedules to ensure that all clients who are within their premises prior to the end of official working hours are attended to and served even during lunch break and after regular working hours.
(f) Identification Card - All employees transacting with the public shall be provided with an official identification card which should be visibly worn during office hours.
(g) Establishment of Public Assistance/Complaints Desk - Each office or agency shall establish a public assistance/complaints desk in all their offices.
Sec. 9. Automatic Extension of Permits and Licenses. - - If a government office or agency fails to act on an application and/or request for renewal of a license, permit or authority subject for renewal within the prescribed period, said permit, license or authority shall automatically be extended until a decision or resolution is rendered on the application for renewal: Provided, That the automatic extension shall not apply when the permit, license, or authority covers activities which pose danger to public health, public safety, public morals or to public policy including, but not limited to, natural resource extraction activities.
Sec. 10. Report Card Survey. - All offices and agencies providing frontline services shall be subjected to a Report Card Survey to be initiated by the Civil Service Commission, in coordination with the Development Academy of the Philippines, which shall be used to obtain feedback on how provisions in the Citizen’s Charter are being followed and how the agency is performing.
The Report Card Survey shall also be used to obtain information and/or estimates of hidden costs incurred by clients to access frontline services which may include, but is not limited to, bribes and payment to fixers.
A feedback mechanism shall be established in all agencies covered by this Act and the results thereof shall be incorporated in their annual report.
Sec. 11. Violations. - After compliance with the substantive and procedural due process, the following shall constitute violations of this Act together with their corresponding penalties:
(a) Light Offense –
(1) Refusal to accept application and/or request within the prescribed period or any document being submitted by a client;
(2) Failure to act on an application and/or request or failure to refer back to the client a request which cannot be acted upon due to lack of requirement/s within the prescribed period;
(3) Failure to attend to clients who are within the premises of the office or agency concerned prior to the end of official working hours and during lunch;
(4) Failure to render frontline services within the prescribed period on any application and/or request without due cause;
(5) Failure to give the client a written notice on the disapproval of an application or request; and
(6) Imposition of additional irrelevant requirements other than those listed in the first notice.
Penalties for light offense shall be as follows:
First Offense - Thirty (30) days suspension without pay and mandatory attendance in Values Orientation Program;
Second Offense - Three (3) months suspension without pay; and
Third Offense - Dismissal and perpetual disqualification from public service.
(b) Grave Offense - Fixing and/or collusion with fixers in consideration of economic and/or other gain or advantage.
Penalty - Dismissal and perpetual disqualification from public service.
Sec. 12. Criminal Liability for Fixers. - In addition to Sec. 11 (b), fixers, as defined in this Act, shall suffer the penalty of imprisonment not exceeding six years or a fine not less than Twenty Thousand Pesos (P20,000.00) but not more than Two Hundred Thousand Pesos (P200,000.00) or both fine and imprisonment at the discretion of the court.
Sec. 13. Civil and Criminal Liability, Not Barred. - The finding of administrative liability under this Act shall not be a bar to the filing of criminal, civil or other related charges under existing laws arising from the same act or omission as herein enumerated.
Sec. 14. Administrative Jurisdiction. - The administrative jurisdiction on any violation of the provisions of this Act shall be vested in either the Civil Service Commission (CSC), the Presidential Anti-Graft Commission (PAGC) or the Office of the Ombudsman as determined by appropriate laws and issuances.
Sec. 15. Immunity; Discharge of Co-Respondent/Accused to be a Witness. - Any public official or employee or any person having been charged with another under this Act and who voluntarily gives information pertaining to an investigation or who willingly testifies therefore, shall be exempt from prosecution in the case/s where his/her information and testimony are given. The discharge may be granted and directed by the investigating body or court upon the application or petition of any of the respondent/accused-informant and before the termination of the investigation: Provided, That:
(a) There is absolute necessity for the testimony of the respondent/accused-informant whose discharge is requested;
(b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said respondent/accused-informant;
(c) The testimony of said respondent/accused-informant can be substantially corroborated in its material points;
(d) The respondent/accused-informant has not been previously convicted of a crime involving moral turpitude; and
(e) Said respondent/accused-informant does not appear to be the most guilty.
Evidence adduced in support of the discharge shall automatically form part of the records of the investigation. Should the investigating body or court deny the motion or request for discharge as a witness, his/her sworn statement shall be inadmissible as evidence.
Sec. 16. Implementing Rules and Regulations. - The Civil Service Commission in coordination with the Development Academy of the Philippines (DAP), the Office of the Ombudsman and the Presidential Anti-Graft Commission (PAGC), shall promulgate the necessary rules and regulations within ninety (90) days from the effectivity of this Act.
Sec. 17. Separability Clause. - If any provision of this Act shall be declared invalid or unconstitutional, such declaration shall not affect the validity of the remaining provisions of this Act.
Sec. 18. Repealing Clause. - All provisions of laws, presidential decrees, letters of instruction and other presidential issuances which are incompatible or inconsistent with the provisions of this Act are hereby deemed amended or repealed.
Approved:
(Sgd.) MANNY VILLAR
President of the Senate
(Sgd.) JOSE DE VENECIA, JR.
Speaker of the House of Representatives
This Act which is a consolidation of Senate Bill No. 2589 and House Bill No. 3776 was finally passed by the Senate and the House of Representatives on February 8, 2007 and February 20, 2007 respectively.
(Sgd.) OSCAR G. YABES
Secretary of the Senate
(Sgd.) ROBERTO P. NAZARENO
Secretary General
House of Representatives
Approved: June 2, 2007
(Sgd.) GLORIA MACAPAGAL - ARROYO
President of the Philippines
REPUBLIC ACT NO. 9485 [S. No. 2589 & H. No. 3776] - AN ACT TO IMPROVE EFFICIENCY IN THE DELIVERY OF GOVERNMENT SERVICE TO THE PUBLIC BY REDUCING BUREAUCRATIC RED TAPE PREVENTING GRAFT AND CORRUPTION, AND PROVIDING PENALTIES THEREFOR
Begun and held in Metro Manila, on Monday, the Nineteenth day of February, Two Thousand Seven.
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the “Anti-Red Tape Act of 2007”.
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to promote integrity, accountability, proper management of public affairs and public property as well as to establish effective practices aimed at the prevention of graft and corruption in government. Towards this end, the State shall maintain honesty and responsibility among its public officials and employees, and shall take appropriate measures to promote transparency in each agency with regard to the manner of transacting with the public, which shall encompass a program for the adoption of simplified procedures that will reduce red tape and expedite transactions in government.
Sec. 3. Coverage. - This Act shall apply to all government offices and agencies including local government units and government-owned or -controlled corporations that provide frontline services as defined in this Act. Those performing judicial, quasi-judicial and legislative functions are excluded from the coverage of this Act.
Sec. 4. Definition of Terms. - As used in this Act, the following terms are defined as follows:
(a) “Simple Transactions” refer to requests or applications submitted by clients of a government office or agency which only require ministerial actions on the part of the public officer or employee, or that which present only inconsequential issues for the resolution by an officer or employee of said government office.
(b) “Complex Transactions” refer to requests or applications submitted by clients of a government office which necessitate the use of discretion in the resolution of complicated issues by an officer or employee of said government office, such transaction to be determined by the office concerned.
(c) “Frontline Service” refers to the process or transaction between clients and government offices or agencies involving applications for any privilege, right, permit, reward, license, concession, or for any modification, renewal or extension of the enumerated applications and/or requests which are acted upon in the ordinary course of business of the agency or office concerned.
(d) “Action” refers to the written approval or disapproval made by a government office or agency on the application or request submitted by a client for processing.
(e) “Officer or Employee” refers to a person employed in a government office or agency required to perform specific duties and responsibilities related to the application or request submitted by a client for processing.
(f) “Irrelevant requirement” refer to any document or performance of an act not directly material to the resolution of the issues raised in the request or needed in the application submitted by the client.
(g) “Fixer” refers to any individual whether or not officially involved in the operation of a government office or agency who has access to people working therein, and whether or not in collusion with them, facilitates speedy completion of transactions for pecuniary gain or any other advantage or consideration.
Sec. 5 Reengineering of Systems and Procedures. - All offices and agencies which provide frontline services are hereby mandated to regularly undertake time and motion studies, undergo evaluation and improvement of their transaction systems and procedures and re-engineer the same if deemed necessary to reduce bureaucratic red tape and processing time.
Sec. 6. Citizen’s Charter. - All government agencies including departments, bureaus, offices, instrumentalities, or government-owned and/or controlled corporations, or local government or district units shall set up their respective service standards to be known as the Citizen’s Charter in the form of information billboards which should be posted at the main entrance of offices or at the most conspicuous place, and in the form of published materials written either in English, Filipino, or in the local dialect, that detail:
(a) The procedure to obtain a particular service;
(b) The person/s responsible for each step;
(c) The maximum time to conclude the process;
(d) The document/s to be presented by the customer, if necessary;
(e) The amount of fees, if necessary; and
(f) The procedure for filing complaints.
Sec. 7. Accountability of the Heads of Offices and Agencies. - The head of the office or agency shall be primarily responsible for the implementation of this Act and shall be held accountable to the public in rendering fast, efficient, convenient and reliable service. All transactions and processes are deemed to have been made with the permission or clearance from the highest authority having jurisdiction over the government office or agency concerned.
Sec. 8. Accessing Frontline Services. - The following shall be adopted by all government offices and agencies:
(a) Acceptance of Applications and Request - (1) All officers or employees shall accept written applications, requests, and/or documents being submitted by clients of the office or agencies.
(2) The responsible officer or employee shall acknowledge receipt of such application and/or request by writing or printing clearly thereon his/her name, the unit where he/she is connected with, and the time and date of receipt.
(3) The receiving officer or employee shall perform a preliminary assessment of the request so as to promote a more expeditious action on requests.
(b) Action of Offices - (1) All applications and/or requests submitted shall be acted upon by the assigned officer or employee during the period stated in the Citizen’s Charter which shall not be longer than five working days in the case of simple transactions and ten (10) working days in the case of complex transactions from the date the request or application was received. Depending on the nature of the frontline services requested or the mandate of the office or agency under unusual circumstances, the maximum time prescribed above may be extended. For the extension due to nature of frontline services or the mandate of the office or agency concerned the period for the delivery of frontline services shall be indicated in the Citizen’s Charter. The office or agency concerned shall notify the requesting party in writing of the reason for the extension and the final date of release for the extension and the final date of release of the frontline service/s requested.
(2) No application or request shall be returned to the client without appropriate action. In case an application or request is disapproved, the officer or employee who rendered the decision shall send a formal notice to the client within five working days from the receipt of the request and/or application, stating therein the reason for the disapproval including a list of specific requirement/s which the client failed to submit.
(c) Denial of Request for Access to Government Service - Any denial of request for access to government service shall be fully explained in writing, stating the name of the person making the denial and the grounds upon which such denial is based.
Any denial of request is deemed to have been made with the permission or clearance from the highest authority having jurisdiction over the government office or agency concerned.
(d) Limitation of Signatories - The number of signatories in any document shall be limited to a maximum of five signatures which shall represent officers directly supervising the office or agency concerned.
(e) Adoption of Working Schedules to Serve Clients - Heads of offices and agencies which render frontline services shall adopt appropriate working schedules to ensure that all clients who are within their premises prior to the end of official working hours are attended to and served even during lunch break and after regular working hours.
(f) Identification Card - All employees transacting with the public shall be provided with an official identification card which should be visibly worn during office hours.
(g) Establishment of Public Assistance/Complaints Desk - Each office or agency shall establish a public assistance/complaints desk in all their offices.
Sec. 9. Automatic Extension of Permits and Licenses. - - If a government office or agency fails to act on an application and/or request for renewal of a license, permit or authority subject for renewal within the prescribed period, said permit, license or authority shall automatically be extended until a decision or resolution is rendered on the application for renewal: Provided, That the automatic extension shall not apply when the permit, license, or authority covers activities which pose danger to public health, public safety, public morals or to public policy including, but not limited to, natural resource extraction activities.
Sec. 10. Report Card Survey. - All offices and agencies providing frontline services shall be subjected to a Report Card Survey to be initiated by the Civil Service Commission, in coordination with the Development Academy of the Philippines, which shall be used to obtain feedback on how provisions in the Citizen’s Charter are being followed and how the agency is performing.
The Report Card Survey shall also be used to obtain information and/or estimates of hidden costs incurred by clients to access frontline services which may include, but is not limited to, bribes and payment to fixers.
A feedback mechanism shall be established in all agencies covered by this Act and the results thereof shall be incorporated in their annual report.
Sec. 11. Violations. - After compliance with the substantive and procedural due process, the following shall constitute violations of this Act together with their corresponding penalties:
(a) Light Offense –
(1) Refusal to accept application and/or request within the prescribed period or any document being submitted by a client;
(2) Failure to act on an application and/or request or failure to refer back to the client a request which cannot be acted upon due to lack of requirement/s within the prescribed period;
(3) Failure to attend to clients who are within the premises of the office or agency concerned prior to the end of official working hours and during lunch;
(4) Failure to render frontline services within the prescribed period on any application and/or request without due cause;
(5) Failure to give the client a written notice on the disapproval of an application or request; and
(6) Imposition of additional irrelevant requirements other than those listed in the first notice.
Penalties for light offense shall be as follows:
First Offense - Thirty (30) days suspension without pay and mandatory attendance in Values Orientation Program;
Second Offense - Three (3) months suspension without pay; and
Third Offense - Dismissal and perpetual disqualification from public service.
(b) Grave Offense - Fixing and/or collusion with fixers in consideration of economic and/or other gain or advantage.
Penalty - Dismissal and perpetual disqualification from public service.
Sec. 12. Criminal Liability for Fixers. - In addition to Sec. 11 (b), fixers, as defined in this Act, shall suffer the penalty of imprisonment not exceeding six years or a fine not less than Twenty Thousand Pesos (P20,000.00) but not more than Two Hundred Thousand Pesos (P200,000.00) or both fine and imprisonment at the discretion of the court.
Sec. 13. Civil and Criminal Liability, Not Barred. - The finding of administrative liability under this Act shall not be a bar to the filing of criminal, civil or other related charges under existing laws arising from the same act or omission as herein enumerated.
Sec. 14. Administrative Jurisdiction. - The administrative jurisdiction on any violation of the provisions of this Act shall be vested in either the Civil Service Commission (CSC), the Presidential Anti-Graft Commission (PAGC) or the Office of the Ombudsman as determined by appropriate laws and issuances.
Sec. 15. Immunity; Discharge of Co-Respondent/Accused to be a Witness. - Any public official or employee or any person having been charged with another under this Act and who voluntarily gives information pertaining to an investigation or who willingly testifies therefore, shall be exempt from prosecution in the case/s where his/her information and testimony are given. The discharge may be granted and directed by the investigating body or court upon the application or petition of any of the respondent/accused-informant and before the termination of the investigation: Provided, That:
(a) There is absolute necessity for the testimony of the respondent/accused-informant whose discharge is requested;
(b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said respondent/accused-informant;
(c) The testimony of said respondent/accused-informant can be substantially corroborated in its material points;
(d) The respondent/accused-informant has not been previously convicted of a crime involving moral turpitude; and
(e) Said respondent/accused-informant does not appear to be the most guilty.
Evidence adduced in support of the discharge shall automatically form part of the records of the investigation. Should the investigating body or court deny the motion or request for discharge as a witness, his/her sworn statement shall be inadmissible as evidence.
Sec. 16. Implementing Rules and Regulations. - The Civil Service Commission in coordination with the Development Academy of the Philippines (DAP), the Office of the Ombudsman and the Presidential Anti-Graft Commission (PAGC), shall promulgate the necessary rules and regulations within ninety (90) days from the effectivity of this Act.
Sec. 17. Separability Clause. - If any provision of this Act shall be declared invalid or unconstitutional, such declaration shall not affect the validity of the remaining provisions of this Act.
Sec. 18. Repealing Clause. - All provisions of laws, presidential decrees, letters of instruction and other presidential issuances which are incompatible or inconsistent with the provisions of this Act are hereby deemed amended or repealed.
Approved:
(Sgd.) MANNY VILLAR
President of the Senate
(Sgd.) JOSE DE VENECIA, JR.
Speaker of the House of Representatives
This Act which is a consolidation of Senate Bill No. 2589 and House Bill No. 3776 was finally passed by the Senate and the House of Representatives on February 8, 2007 and February 20, 2007 respectively.
(Sgd.) OSCAR G. YABES
Secretary of the Senate
(Sgd.) ROBERTO P. NAZARENO
Secretary General
House of Representatives
Approved: June 2, 2007
(Sgd.) GLORIA MACAPAGAL - ARROYO
President of the Philippines
Oversupply of Nurses is NOT a Problem
QUESTION: Sir John, what is your opinion on the perceived oversupply of nurses without nursing jobs, how do we stop oversupply?
ANSWER: We should not stop the growth of supply. We have healthcare underservice problem in Philippines. We should give them opportunities for volunteer work here to gain experience, and then help them get jobs abroad.
ANSWER: We should not stop the growth of supply. We have healthcare underservice problem in Philippines. We should give them opportunities for volunteer work here to gain experience, and then help them get jobs abroad.
Republic Act 9516
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand seven.
Republic Act No. 9516
December 22
Amending Section 3 and 4 of PD 1866
AN ACT FURTHER AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS AMENDED, ENTITLED CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR OTHER RELEVANT PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Section 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of an Explosive or Incendiary Device. - The penalty of reclusion perpetua shall be imposed upon any person who shall willfully and unlawfully manufacture, assemble, deal in, acquire, dispose, import or possess any explosive or incendiary device, with knowledge of its existence and its explosive or incendiary character, where the explosive or incendiary device is capable of producing destructive effect on contiguous objects or causing injury or death to any person, including but not limited to, hand grenade(s), rifle grenade(s), 'pillbox bomb', 'molotov cocktail bomb', 'fire bomb', and other similar explosive and incendiary devices.
"Provided, That mere possession of any explosive or incendiary device shall be prima facie evidence that the person had knowledge of the existence and the explosive or incendiary character of the device.
"Provided, however, That a temporary, incidental, casual, harmless, or transient possession or control of any explosive or incendiary device, without the knowledge of its existence or its explosive or incendiary character, shall not be a violation of this Section.
"Provided, Further, That the temporary, incidental, casual, harmless, or transient possession or control of any explosive or incendiary device for the sole purpose of surrendering it to the proper authorities shall not be a violation of this Section.
"Provided, finally, That in addition to the instances provided in the two (2) immediately preceeding paragraphs, the court may determine the absence of the intent to possess, otherwise referred to as 'animus possidendi", in accordance with the facts and circumstances of each case and the application of other pertinent laws, among other things, Articles 11 and 12 of the Revised Penal Code, as amended."
Section 2. Section 4 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"SEC 3-A. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of a Part, Ingredient, Machinery, Tool or Instrument Used or Intended to be Used for the Manufacture, Construction, Assembly, Delivery or Detonation. - The penalty of reclusion perpetua shall be imposed upon any person who shall willfully and unlawfully manufacture, assemble, deal in, acquire, dispose, import or possess any part, ingredient, machinery, tool or instrument of any explosive or incendiary device, whether chemical, mechanical, electronic, electrical or otherwise, used or intended to be used by that person for its manufacture, construction, assembly, delivery or detonation, where the explosive or incendiary device is capable or is intended to be made capable of producing destructive effect on contiguous objects or causing injury or death to any person.
"Provided, That the mere possession of any part, ingredient, machinery, tool or instrument directly used in the manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device, by any person whose business activity, or employment does not lawfully deal with the possession of such article shall be prima facie evidence that such article is intended to be used by that person in the unlawful/illegal manufacture, construction, assembly, delivery or detonation of an explosive or incendiary device.
"Provided, however, That a temporary incidental, casual, harmless or transient possession or control of any part, machinery, tool or instrument directly used in the manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device, without the knowledge of its existence or character as part, ingredient, machinery, tool or instrument directly used in the manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device, shall not be a violation of this Section.
"Provided, Further, That the temporary, incidental, casual, harmless, or transient possession or control of any part, ingredient, machinery, tool or instrument directly used in the manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device for the sole purpose of surrendering it to the proper authorities shall not be a violation of this Section.
"Provided, finally, That in addition to the instances provided in the two (2) immediately preceeding paragraphs, the court may determine the absence of the intent to possess, otherwise referred to as 'animus possidendi', in accordance with the facts and circumstances of each case and the application of other pertinent laws, among other things, Articles 11 and 12 of the Revised Penal Code, as amended."
Section 3. Insert a new Section 3-B, 3-C, 3-D, 4, 4-A, 4-B, 4-C, 4-D, 4-E, 4-E and 4-F in Presidential Decree No. 1866 to read as follows:
"SEC. 3-B. Penalty for the Owner, President, Manager, Director or Other Responsible Officer of Any Public or Private Firm, Company, Corporation or Entity. - The penalty of reclusion perpetua shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any explosive or incendiary device or parts thereof owned or controlled by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs.
"SEC. 3-C. Relationship of Other Crimes with a Violation of this Decree and the Penalty Therefor. - When a violation of Section 3, 3-A or 3-B of this Decree is a necessary means for committing any of the crimes defined in the Revised Penal Code or special laws, or is in furtherance of, incident to, in connection with, by reason of, or on occassion of any of the crimes defined in the Revised Penal Code or special laws, the penalty of reclusion perpetua and a fine ranging from One hundred Thousand pesos (P100,000.00) to One million pesos (P1,000,000.00) shall be imposed.
"SEC. 3-D. Former Conviction or Acquittal; Double Jeopardy. - Subject to the provisions of the Rules of Court on double jeopardy, if the application thereof is more favorable to the accused, the conviction or acquittal of the accused or the dismissal of the case for violation of this Decree shall be a bar to another prosecution of the same accused for any offense where the violation of this Decree was a necessary means for committing the offense or in furtherance of which, incident to which, in connection with which, by reason of which, or on occasion of which, the violation of this Decree was committed, and vice versa.
"SEC. 4. Responsibility and liability of Law Enforcement Agencies and Other Government Officials and Employees in Testifying as Prosecution Witnesses. - Any member of law enforcement agencies or any other government official and employee who, after due notice, fails or refuses, intentionally or negligently, to appear as a witness for the prosecution of the defense in any proceeding, involving violations of this Decree, without any valid reason, shall be punished with reclusion temporal and a fine of Five hundred Thousand pesos (P500,000.00) in addition to the administrative liability he/she may be meted out by his/her immediate superior and/or appropriate body.
"The immediate superior of the member of the law enforcement agency or any other government employee mentioned in the preceding paragraph shall be penalized with prision correccional and a fine of not less than Ten Thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from public office if despite due notice to them and to the witness concerned, the former does not exert reasonable effort to present the latter to the court.
"The member of the law enforcement agency or any other government employee mentioned in the preceding paragraphs shall not be transferred or reassigned to any other government office located in another territorial jurisdiction during the pendency of the case in court. However, the concerned member of the law enforcement agency or government employee may be transferred or reassigned for compelling reasons: Provided, That his/her immediate superior shall notify the court where the case is pending of the order to transfer or reassign, within twenty-four (24) hours from its approval: Provided, further, That his/her immediate superior shall be penalized with prision correccional and a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from public office, should he/she fail to notify the court of such order to transfer or reassign.
"Prosecution and punishment under this Section shall be without prejudice to any liability for violation of any existing law.
"SEC 4-A. Criminal Liability for Planting of Evidence. - Any person who is found guilty of 'planting' any explosive or incendiary device or any part, ingredient, machinery, tool or instrument of any explosive or incendiary device, whether chemical, mechanical, electronic, electrical or otherwise, shall suffer the penalty of reclusion perpetua.
"Planting of evidence shall mean the willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching, directly or indirectly, through any overt or covert act, whatever quantity of any explosive or incendiary device or any part, ingredient, machinery, tool or instrument of any explosive or incendiary device, whether chemical, mechanical, electronic, electrical or otherwise in the person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating incriminating or imputing the commission of any violation of this Decree.
"SEC. 4-B. Continuous Trial. - In cases involving violations of this Decree, the judge shall set the case for continuous trial on a daily basis from Monday to Friday or other short-term trial calendar so as to ensure speedy trial. Such case shall be terminated within ninety (90) days from arraignment of the accused.
"SEC. 4-C. Authority to Import, Sell or Possess Chemicals or Accessories for Explosives. - Only persons or entities issued a manufacturer's license, dealer's license or purchaser's license by the Philippine National Police (PNP)-Firearms and Explosives Division may import any of the chemical or accessories that can be used in the manufacture of explosives or explosive ingredients from foreign suppliers, or possess or sell them to licensed dealers or end users, as the case may be.
"SEC. 4-D. Types of Chemicals/Accessories Covered. - The chemicals and accessories mentioned in the preceding Section shall exclusively refer to chlorates, nitrates, nitric acid and such other chemicals and accessories that can be used for the manufacture of explosives and explosive ingredients.
"SEC. 4-E. Record of Transactions. - Any person or entity who intends to import, sell or possess the aforecited chemicals or accessories shall file an application with the chief of the PNP, stating therein the purpose for which the license and/or permit is sought and such other information as may be required by the said official. The concerned person or entity shall maintain a permanent record of all transactions entered into in relation with the aforecited chemicals or accessories, which documents shall be open to inspection by the appropriate authorities.
"SEC. 4-F. Cancellation of License. - Failure to comply with the provision of Section 4-C, 4-D and 4-E shall be sufficient cause for the cancellation of the license and the confiscation of all such chemicals or accessories, whether or not lawfully imported, purchased or possessed by the subject person or entity."
Sec. 4. Separability Clause. - If, for any reason, any provision of this Act is declared to be unconstitutional or invalid, the other Sections or provisions thereof which are not affected thereby shall continue to be in full force and effect.
Sec. 5. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.
Sec. 6. Effecfivity. - This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved
(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives
(Sgd.) MANNY VILLAR
President of the Senate
This Act which is a consolidation of Senate Bill No. 2230 and House Bill No. 3242 was finally passed by the Senate and the House of Representative on October 8, 2008 and November 24, 2008, respectively.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Represenatives
(Sgd.) EMMA LIRIO-REYES
Secretary of Senate
Approved: DEC 22, 2008
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand seven.
Republic Act No. 9516
December 22
Amending Section 3 and 4 of PD 1866
AN ACT FURTHER AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS AMENDED, ENTITLED CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR OTHER RELEVANT PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Section 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of an Explosive or Incendiary Device. - The penalty of reclusion perpetua shall be imposed upon any person who shall willfully and unlawfully manufacture, assemble, deal in, acquire, dispose, import or possess any explosive or incendiary device, with knowledge of its existence and its explosive or incendiary character, where the explosive or incendiary device is capable of producing destructive effect on contiguous objects or causing injury or death to any person, including but not limited to, hand grenade(s), rifle grenade(s), 'pillbox bomb', 'molotov cocktail bomb', 'fire bomb', and other similar explosive and incendiary devices.
"Provided, That mere possession of any explosive or incendiary device shall be prima facie evidence that the person had knowledge of the existence and the explosive or incendiary character of the device.
"Provided, however, That a temporary, incidental, casual, harmless, or transient possession or control of any explosive or incendiary device, without the knowledge of its existence or its explosive or incendiary character, shall not be a violation of this Section.
"Provided, Further, That the temporary, incidental, casual, harmless, or transient possession or control of any explosive or incendiary device for the sole purpose of surrendering it to the proper authorities shall not be a violation of this Section.
"Provided, finally, That in addition to the instances provided in the two (2) immediately preceeding paragraphs, the court may determine the absence of the intent to possess, otherwise referred to as 'animus possidendi", in accordance with the facts and circumstances of each case and the application of other pertinent laws, among other things, Articles 11 and 12 of the Revised Penal Code, as amended."
Section 2. Section 4 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"SEC 3-A. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of a Part, Ingredient, Machinery, Tool or Instrument Used or Intended to be Used for the Manufacture, Construction, Assembly, Delivery or Detonation. - The penalty of reclusion perpetua shall be imposed upon any person who shall willfully and unlawfully manufacture, assemble, deal in, acquire, dispose, import or possess any part, ingredient, machinery, tool or instrument of any explosive or incendiary device, whether chemical, mechanical, electronic, electrical or otherwise, used or intended to be used by that person for its manufacture, construction, assembly, delivery or detonation, where the explosive or incendiary device is capable or is intended to be made capable of producing destructive effect on contiguous objects or causing injury or death to any person.
"Provided, That the mere possession of any part, ingredient, machinery, tool or instrument directly used in the manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device, by any person whose business activity, or employment does not lawfully deal with the possession of such article shall be prima facie evidence that such article is intended to be used by that person in the unlawful/illegal manufacture, construction, assembly, delivery or detonation of an explosive or incendiary device.
"Provided, however, That a temporary incidental, casual, harmless or transient possession or control of any part, machinery, tool or instrument directly used in the manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device, without the knowledge of its existence or character as part, ingredient, machinery, tool or instrument directly used in the manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device, shall not be a violation of this Section.
"Provided, Further, That the temporary, incidental, casual, harmless, or transient possession or control of any part, ingredient, machinery, tool or instrument directly used in the manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device for the sole purpose of surrendering it to the proper authorities shall not be a violation of this Section.
"Provided, finally, That in addition to the instances provided in the two (2) immediately preceeding paragraphs, the court may determine the absence of the intent to possess, otherwise referred to as 'animus possidendi', in accordance with the facts and circumstances of each case and the application of other pertinent laws, among other things, Articles 11 and 12 of the Revised Penal Code, as amended."
Section 3. Insert a new Section 3-B, 3-C, 3-D, 4, 4-A, 4-B, 4-C, 4-D, 4-E, 4-E and 4-F in Presidential Decree No. 1866 to read as follows:
"SEC. 3-B. Penalty for the Owner, President, Manager, Director or Other Responsible Officer of Any Public or Private Firm, Company, Corporation or Entity. - The penalty of reclusion perpetua shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any explosive or incendiary device or parts thereof owned or controlled by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs.
"SEC. 3-C. Relationship of Other Crimes with a Violation of this Decree and the Penalty Therefor. - When a violation of Section 3, 3-A or 3-B of this Decree is a necessary means for committing any of the crimes defined in the Revised Penal Code or special laws, or is in furtherance of, incident to, in connection with, by reason of, or on occassion of any of the crimes defined in the Revised Penal Code or special laws, the penalty of reclusion perpetua and a fine ranging from One hundred Thousand pesos (P100,000.00) to One million pesos (P1,000,000.00) shall be imposed.
"SEC. 3-D. Former Conviction or Acquittal; Double Jeopardy. - Subject to the provisions of the Rules of Court on double jeopardy, if the application thereof is more favorable to the accused, the conviction or acquittal of the accused or the dismissal of the case for violation of this Decree shall be a bar to another prosecution of the same accused for any offense where the violation of this Decree was a necessary means for committing the offense or in furtherance of which, incident to which, in connection with which, by reason of which, or on occasion of which, the violation of this Decree was committed, and vice versa.
"SEC. 4. Responsibility and liability of Law Enforcement Agencies and Other Government Officials and Employees in Testifying as Prosecution Witnesses. - Any member of law enforcement agencies or any other government official and employee who, after due notice, fails or refuses, intentionally or negligently, to appear as a witness for the prosecution of the defense in any proceeding, involving violations of this Decree, without any valid reason, shall be punished with reclusion temporal and a fine of Five hundred Thousand pesos (P500,000.00) in addition to the administrative liability he/she may be meted out by his/her immediate superior and/or appropriate body.
"The immediate superior of the member of the law enforcement agency or any other government employee mentioned in the preceding paragraph shall be penalized with prision correccional and a fine of not less than Ten Thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from public office if despite due notice to them and to the witness concerned, the former does not exert reasonable effort to present the latter to the court.
"The member of the law enforcement agency or any other government employee mentioned in the preceding paragraphs shall not be transferred or reassigned to any other government office located in another territorial jurisdiction during the pendency of the case in court. However, the concerned member of the law enforcement agency or government employee may be transferred or reassigned for compelling reasons: Provided, That his/her immediate superior shall notify the court where the case is pending of the order to transfer or reassign, within twenty-four (24) hours from its approval: Provided, further, That his/her immediate superior shall be penalized with prision correccional and a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from public office, should he/she fail to notify the court of such order to transfer or reassign.
"Prosecution and punishment under this Section shall be without prejudice to any liability for violation of any existing law.
"SEC 4-A. Criminal Liability for Planting of Evidence. - Any person who is found guilty of 'planting' any explosive or incendiary device or any part, ingredient, machinery, tool or instrument of any explosive or incendiary device, whether chemical, mechanical, electronic, electrical or otherwise, shall suffer the penalty of reclusion perpetua.
"Planting of evidence shall mean the willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching, directly or indirectly, through any overt or covert act, whatever quantity of any explosive or incendiary device or any part, ingredient, machinery, tool or instrument of any explosive or incendiary device, whether chemical, mechanical, electronic, electrical or otherwise in the person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating incriminating or imputing the commission of any violation of this Decree.
"SEC. 4-B. Continuous Trial. - In cases involving violations of this Decree, the judge shall set the case for continuous trial on a daily basis from Monday to Friday or other short-term trial calendar so as to ensure speedy trial. Such case shall be terminated within ninety (90) days from arraignment of the accused.
"SEC. 4-C. Authority to Import, Sell or Possess Chemicals or Accessories for Explosives. - Only persons or entities issued a manufacturer's license, dealer's license or purchaser's license by the Philippine National Police (PNP)-Firearms and Explosives Division may import any of the chemical or accessories that can be used in the manufacture of explosives or explosive ingredients from foreign suppliers, or possess or sell them to licensed dealers or end users, as the case may be.
"SEC. 4-D. Types of Chemicals/Accessories Covered. - The chemicals and accessories mentioned in the preceding Section shall exclusively refer to chlorates, nitrates, nitric acid and such other chemicals and accessories that can be used for the manufacture of explosives and explosive ingredients.
"SEC. 4-E. Record of Transactions. - Any person or entity who intends to import, sell or possess the aforecited chemicals or accessories shall file an application with the chief of the PNP, stating therein the purpose for which the license and/or permit is sought and such other information as may be required by the said official. The concerned person or entity shall maintain a permanent record of all transactions entered into in relation with the aforecited chemicals or accessories, which documents shall be open to inspection by the appropriate authorities.
"SEC. 4-F. Cancellation of License. - Failure to comply with the provision of Section 4-C, 4-D and 4-E shall be sufficient cause for the cancellation of the license and the confiscation of all such chemicals or accessories, whether or not lawfully imported, purchased or possessed by the subject person or entity."
Sec. 4. Separability Clause. - If, for any reason, any provision of this Act is declared to be unconstitutional or invalid, the other Sections or provisions thereof which are not affected thereby shall continue to be in full force and effect.
Sec. 5. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.
Sec. 6. Effecfivity. - This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved
(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives
(Sgd.) MANNY VILLAR
President of the Senate
This Act which is a consolidation of Senate Bill No. 2230 and House Bill No. 3242 was finally passed by the Senate and the House of Representative on October 8, 2008 and November 24, 2008, respectively.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Represenatives
(Sgd.) EMMA LIRIO-REYES
Secretary of Senate
Approved: DEC 22, 2008
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
Presidential Decree 1866
Republic of the Philippines
MALACAÑANG
M a n i l a
Presidential Decree No. 1866
June 29, 1983
Amended by RA 9516 "Section 3 and 4"
CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES"
WHEREAS, there has been an upsurge of crimes vitally affecting public order and safety due to the proliferation of illegally possessed and manufactured firearms, ammunition and explosives;
WHEREAS, these criminal acts have resulted in loss of human lives, damage to property and destruction of valuable resources of the country;
WHEREAS, there are various laws and presidential decrees which penalized illegal possession and manufacture of firearms, ammunition and explosives;
WHEREAS, there is a need to consolidate, codify and integrate said laws and presidential decrees to harmonize their provisions;
WHEREAS, there are some provisions in said laws and presidential decrees which must be updated and revised in order to more effectively deter violators of the law on firearms, ammunition and explosives.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree:
Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms of Ammunition. - The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any firearm, part of firearm, ammunition or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition.
If homicide or murder is committed with the use of an unlicensed firearm, the penalty of death shall be imposed.
If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed.
The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs.
The penalty of prision mayor shall be imposed upon any person who shall carry any licensed firearm outside his residence without legal authority therefor.
Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition. - The possession of any machinery, tool or instrument used directly in the manufacture of firearms or ammunition, by any person whose business or employment does not lawfully deal with the manufacture of firearms or ammunition, shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of firearms or ammunition.
Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of Explosives. - The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess handgrenade(s), rifle grenade(s) and other explosives, including but not limited to "philbox bombs", "molotov cocktail bomb", "fire-bombs", or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person.
Any person who commits any of the crimes defined in the Revised Penal Code or special laws with the use of the aforementioned explosives, detonation agents or incendiary devices, which results in the death of any person or persons shall be punished with the penalty of death.
If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed.
The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the explosives owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs.
Section 4. Presumption of Unlawful Manufacture. - The possession of any machinery, tool or instrument directly used in the manufacture of explosives, by any person whose business or employment does not lawfully deal with the manufacture of explosives shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of explosives.
Section 5. Tampering of Firearm's Serial Number. - The penalty of prision mayor shall be imposed upon any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm.
Section 6. Repacking or Altering the Composition of Lawfully Manufactured Explosives. - The penalty of prision mayor shall be imposed upon any person who shall unlawfully repack, alter or modify the composition of any lawfully manufactured explosives.
Section 7. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition Outside of Residence. - The penalty of prision correccional shall be imposed upon any person, civilian or military, who shall issue authority to carry firearm and/or ammunition outside of residence, without authority therefor.
Section 8. Rules and Regulations. - The Chief of the Philippine Constabulary shall promulgate the rules and regulations for the effective implementation of this Decree.
Section 9. Repealing Clause. - The provisions of Republic Act No. 4, Presidential Decree No. 9, Presidential Decree No. 1728 and all laws, decrees, orders, instructions, rules and regulations which are inconsistent with this Decree are hereby repealed, amended or modified accordingly.
Section 10. Effectivity. - This Decree shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette.
Done in the City of Manila, this 29th day of June, in the year of Our Lord, nineteen hundred and eighty-three.
MALACAÑANG
M a n i l a
Presidential Decree No. 1866
June 29, 1983
Amended by RA 9516 "Section 3 and 4"
CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES"
WHEREAS, there has been an upsurge of crimes vitally affecting public order and safety due to the proliferation of illegally possessed and manufactured firearms, ammunition and explosives;
WHEREAS, these criminal acts have resulted in loss of human lives, damage to property and destruction of valuable resources of the country;
WHEREAS, there are various laws and presidential decrees which penalized illegal possession and manufacture of firearms, ammunition and explosives;
WHEREAS, there is a need to consolidate, codify and integrate said laws and presidential decrees to harmonize their provisions;
WHEREAS, there are some provisions in said laws and presidential decrees which must be updated and revised in order to more effectively deter violators of the law on firearms, ammunition and explosives.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree:
Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms of Ammunition. - The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any firearm, part of firearm, ammunition or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition.
If homicide or murder is committed with the use of an unlicensed firearm, the penalty of death shall be imposed.
If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed.
The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs.
The penalty of prision mayor shall be imposed upon any person who shall carry any licensed firearm outside his residence without legal authority therefor.
Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition. - The possession of any machinery, tool or instrument used directly in the manufacture of firearms or ammunition, by any person whose business or employment does not lawfully deal with the manufacture of firearms or ammunition, shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of firearms or ammunition.
Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of Explosives. - The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess handgrenade(s), rifle grenade(s) and other explosives, including but not limited to "philbox bombs", "molotov cocktail bomb", "fire-bombs", or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person.
Any person who commits any of the crimes defined in the Revised Penal Code or special laws with the use of the aforementioned explosives, detonation agents or incendiary devices, which results in the death of any person or persons shall be punished with the penalty of death.
If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed.
The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the explosives owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs.
Section 4. Presumption of Unlawful Manufacture. - The possession of any machinery, tool or instrument directly used in the manufacture of explosives, by any person whose business or employment does not lawfully deal with the manufacture of explosives shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of explosives.
Section 5. Tampering of Firearm's Serial Number. - The penalty of prision mayor shall be imposed upon any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm.
Section 6. Repacking or Altering the Composition of Lawfully Manufactured Explosives. - The penalty of prision mayor shall be imposed upon any person who shall unlawfully repack, alter or modify the composition of any lawfully manufactured explosives.
Section 7. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition Outside of Residence. - The penalty of prision correccional shall be imposed upon any person, civilian or military, who shall issue authority to carry firearm and/or ammunition outside of residence, without authority therefor.
Section 8. Rules and Regulations. - The Chief of the Philippine Constabulary shall promulgate the rules and regulations for the effective implementation of this Decree.
Section 9. Repealing Clause. - The provisions of Republic Act No. 4, Presidential Decree No. 9, Presidential Decree No. 1728 and all laws, decrees, orders, instructions, rules and regulations which are inconsistent with this Decree are hereby repealed, amended or modified accordingly.
Section 10. Effectivity. - This Decree shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette.
Done in the City of Manila, this 29th day of June, in the year of Our Lord, nineteen hundred and eighty-three.
COMELEC Gun Ban Rules, Sept 2010
PRESS RELEASE
Ref: James Arthur B. Jimenez
Director IV, Education and Information Department
Commission on Elections
Tel. No. (+632) 525-9294
Date: September 20, 2010
COMELEC releases gun ban rules
The Commission on Elections (COMELEC) on Monday released the rules and regulations covering the bearing, carrying and transporting of firearms and on the employment of bodyguards in connection with the October 25, 2010 Barangay and Sangguniang Kabataan (SK) elections.
In Resolution No. 9028, promulgated September 20, 2010, the COMELEC en banc reiterated the need to “strictly enforce” Sections 32 and 33 of Republic Act No. 7166, that states: “During the election period, no person shall bear, carry or transport firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, even if licensed to possess or carry the same, unless authorized in writing by the Commission. The issuance of firearms shall be suspended during the election period.”
Only regular members of the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law enforcement agencies of the Government are authorized to carry and possess firearms during the election period, provided they are in their full uniforms and are in the actual performance of their election duties, the provision added.
Section 33 of RA 7166, meanwhile, states that “during the election period, no candidate for public office, including incumbent public officers seeking reelection to any public office, shall employ, avail himself of or engage the services of security personnel or bodyguards,” unless otherwise “assigned by the Commission, upon application.”
The said provisions in the Republic Act were also enforced during the May 10, 2010 national and local automated elections through COMELEC Resolution No. 8714.
“The strict implementation of Resolution 8714 significantly reduced the number of election-related violence in connection with the May 10, 2010 automated national and local elections, resulting in an honest, orderly, peaceful and credible elections,” the COMELEC en banc ruled.
Candidates for the Barangay and SK positions, any public officer or private individual, however, may avail of the services of security personnel or bodyguards, provided that they file the proper application before the Commission. The application must be accompanied with a “threat assessment issued by the AFP or PNP.” A filing fee of P1, 000.00 shall be charged for each application.
The election period for the Barangay and SK elections will run from September 25, 2010 until November 10, 2010.
Ref: James Arthur B. Jimenez
Director IV, Education and Information Department
Commission on Elections
Tel. No. (+632) 525-9294
Date: September 20, 2010
COMELEC releases gun ban rules
The Commission on Elections (COMELEC) on Monday released the rules and regulations covering the bearing, carrying and transporting of firearms and on the employment of bodyguards in connection with the October 25, 2010 Barangay and Sangguniang Kabataan (SK) elections.
In Resolution No. 9028, promulgated September 20, 2010, the COMELEC en banc reiterated the need to “strictly enforce” Sections 32 and 33 of Republic Act No. 7166, that states: “During the election period, no person shall bear, carry or transport firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, even if licensed to possess or carry the same, unless authorized in writing by the Commission. The issuance of firearms shall be suspended during the election period.”
Only regular members of the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law enforcement agencies of the Government are authorized to carry and possess firearms during the election period, provided they are in their full uniforms and are in the actual performance of their election duties, the provision added.
Section 33 of RA 7166, meanwhile, states that “during the election period, no candidate for public office, including incumbent public officers seeking reelection to any public office, shall employ, avail himself of or engage the services of security personnel or bodyguards,” unless otherwise “assigned by the Commission, upon application.”
The said provisions in the Republic Act were also enforced during the May 10, 2010 national and local automated elections through COMELEC Resolution No. 8714.
“The strict implementation of Resolution 8714 significantly reduced the number of election-related violence in connection with the May 10, 2010 automated national and local elections, resulting in an honest, orderly, peaceful and credible elections,” the COMELEC en banc ruled.
Candidates for the Barangay and SK positions, any public officer or private individual, however, may avail of the services of security personnel or bodyguards, provided that they file the proper application before the Commission. The application must be accompanied with a “threat assessment issued by the AFP or PNP.” A filing fee of P1, 000.00 shall be charged for each application.
The election period for the Barangay and SK elections will run from September 25, 2010 until November 10, 2010.
Sabong, Bingo, and Jueteng
Sabong, a cruel animal fight to death, is LEGAL in the Philippines. Bingo is a house game, played by many families on Sundays after church. Jueteng is almost similar to bingo, nothing worth illegalizing in the moral sense. Besides, there is no Biblical basis for saying that gambling is a sin.
Sunday, September 19, 2010
Gun Permit is a Matter of Privilege and Authority
The tighter gun carry policy and checkpoint system will prevent the law enforcers from abusing their authority to carry guns. We should make sure that it is tested and fine-tuned first in a cluster of cities before national implementation. There should be no gun ban without law enforcers who are perfectly trained in checkpoint operation. Foremost, we cannot afford another incident when the police checkpoint shoot at a speeding motorcycle riders.
An argument that says "gun carrying is a right to defend own life" would always be defeated because if it is a right then all human beings should be afforded of such right, regardless of age, gender, economic status, psychological status, political inclination, and even attitude.
Permit to own a gun is a matter of privilege, not right.
Permit to carry a gun is a matter of authority, not privilege, not right.
An argument that says "gun carrying is a right to defend own life" would always be defeated because if it is a right then all human beings should be afforded of such right, regardless of age, gender, economic status, psychological status, political inclination, and even attitude.
Permit to own a gun is a matter of privilege, not right.
Permit to carry a gun is a matter of authority, not privilege, not right.
Wednesday, September 15, 2010
Gun Ban is not Good if Checkpoints are not Ready
Now, do I agree in a permanent gun-carry ban for private citizens? Yes, that should be the direction we are heading. However, as to the question if we are ready for it NOW, i believe we are not yet ready for it. WHY? Because the police have not yet perfected the checkpoint system, they are yet to prove to me (and the public) that their training/rehearsals on checkpoint handling is perfect and safety precautions are in place both for the benefit of the public and the policeman.
If the checkpoint system is not perfect and you implement a gun-carry ban, the restriction will only filter out the law-abiding and policy-fearing gun-owners from the streets, but will not deter those persons who are wanting to commit a gun-aided crime in that particular time/space.
So, again, I would like to emphasize the TWIN policy direction in my proposal. I say TWIN because we have to implement both in order for the proposal work properly.
1. Tighter-gun carry policy. Only law enforcers in uniform and on duty will be authorized to carry firearm in public places including the streets.
2. Effective Checkpoint System.
If the checkpoint system is not perfect and you implement a gun-carry ban, the restriction will only filter out the law-abiding and policy-fearing gun-owners from the streets, but will not deter those persons who are wanting to commit a gun-aided crime in that particular time/space.
So, again, I would like to emphasize the TWIN policy direction in my proposal. I say TWIN because we have to implement both in order for the proposal work properly.
1. Tighter-gun carry policy. Only law enforcers in uniform and on duty will be authorized to carry firearm in public places including the streets.
2. Effective Checkpoint System.
Disallowing Cops to Carry Guns in the Wrong Place and Wrong Time
That article titled "UNTV Host Accuses Cops of Harassment" is very interesting.
That, actually, is not a rare happening. I have heard many similar police scams like that since 1992. It comes in various forms, ranging from unauthorized checkpoints to out-of-line police mobiles. Worse cases are cops in civilian clothes in private cars flagging down their target motorist in the guise of hot pursuit. These are the things I am looking at very closely and wants to eradicate.
The reason why that happens is the cops know that they can easily get away with it under the present system. As I always say, bad people are not 24/7 bad people. Bad people are basically good people like cops, responsible gun owners, politicians, security guards, padre-de-pamilya, mothers, who just "snapped" and does bad things in a very short span of time/space.
In that particular case in the story, the victim stopped and opened her car even without getting a verification that the police mobile and the cops therein are LEGIT in terms of time and space. This is what I want to avoid because even if you have a gun, if you are flagged down, you can no longer be sure if you will survive if you fight it out.
In my proposal, uniform of cops, and checkpoint barriers, and police cars will have a big numbers. You just text this big numbers to a central SMS and the computer will respond you you instantly of the LEGIT location and time the unit is supposed to be.
The other issue I see in that instance is, I think it is wrong that cops can just flag down anyone anywhere. There should be a properly coordinated checkpoint location where flagging down is allowed. The location should be transparent and safe for the police and for motorist being flagged down -- could be in a designated legit checkpoint.
That, actually, is not a rare happening. I have heard many similar police scams like that since 1992. It comes in various forms, ranging from unauthorized checkpoints to out-of-line police mobiles. Worse cases are cops in civilian clothes in private cars flagging down their target motorist in the guise of hot pursuit. These are the things I am looking at very closely and wants to eradicate.
The reason why that happens is the cops know that they can easily get away with it under the present system. As I always say, bad people are not 24/7 bad people. Bad people are basically good people like cops, responsible gun owners, politicians, security guards, padre-de-pamilya, mothers, who just "snapped" and does bad things in a very short span of time/space.
In that particular case in the story, the victim stopped and opened her car even without getting a verification that the police mobile and the cops therein are LEGIT in terms of time and space. This is what I want to avoid because even if you have a gun, if you are flagged down, you can no longer be sure if you will survive if you fight it out.
In my proposal, uniform of cops, and checkpoint barriers, and police cars will have a big numbers. You just text this big numbers to a central SMS and the computer will respond you you instantly of the LEGIT location and time the unit is supposed to be.
The other issue I see in that instance is, I think it is wrong that cops can just flag down anyone anywhere. There should be a properly coordinated checkpoint location where flagging down is allowed. The location should be transparent and safe for the police and for motorist being flagged down -- could be in a designated legit checkpoint.
Drunk while Carrying Gun
There are a lot of gun-owners/carriers, private individuals and law-enforcers who are alcoholics. Drunk driving is strongly now being lobbied to be criminalized. Drunk gun-carrying should be criminalized too. I know a lot of law enforcers and private gun owners who drinks liquor while they carry gun. We should look into this very closely and draw-up some restrictive policies.
Tuesday, September 14, 2010
Organized Crime Groups get Kickback Guideline from DILG
DILG is the office to visit by Gamblinglords to ask about Jueteng "Guideline". So, I assume it is also the office to visit by the other organized crime groups to ask about "Guidelines" like Kidnap Syndicates, Druglords, Private Army Massacre Specialists, Druglords, Gunrunners, Illegal Loggers, etc etc etc. DILG is now ...Dept of Illegal Local Guidelines. We are talking about kickback guidelines here.
Travel Reminder to PNoy
Travel Reminder for the President: Please don't forget to bring home pasalubong for the homeless people, the rugby-sniffing kids, the beggars, and the malnourished kids in the streets of your country.
PNoy's Social Contract
My message to PNoy for today: "Pirmado mo na ang commitment contract. Wala nang bawian ng slogan. Wala nang excuses. Wala nang palusot. Tha slogan won the vote of the sovereign people. The people have spoken that poverty is the barometer of corruption. "Pag may Mahirap pa by July 2012, ibig sabihin Corrupt and Administration mo". So, GOOD LUCK!
The Boomerang Effect of Liberal Party Monopoly
He wants his Political party to MONOPOLIZE the seats in the Administration. He does not need help. Liberal party can do it ALONE. For the rest of us, we just watch the poverty barometer and see. As for the people, the only message we can send is, if you think you are poor, it means the government is corrupt. Nobody would want to help a corrupt government.
Why the 3 Branches Fail
Ang problema sa bansang eto ay hindi na-intindihan ng mga tao at ng mga politiko ang separation of function ng tatlong branches: (1) Executive, (2) Judiciary, (3) Legislative.
Ang problema eh merong Legislators na walang policy advocacy, hindi marunong pumick-up ng possible legislation galing sa hinaing ng constituents niya, at ang palaging mali niya ay pre-occupied siya sa pag-aaktong parang executive by implementing infrastructure projects.
Ang problema sa Executive eh hindi alang ang mandate niya na mag-execute lang ng mga batas. Minsan hindi nag-tatrabaho sa pag-execute ng batas at nag-aaktong Legislator by participating in policy-making debates.
Ang problema sa Judiciary ay napo-politicize minsan ang mga decision nila. Pag sinabi ko na "politicize", ibig kong sabihin ay na-dadala sila sa mga ingay ng mga tao, mga bulong ng mga ma-impluwensyang tao, at mga pressure ng mga politiko. Dapat ang hustisya ay bulag, walang kinikilingan.
Dapat, stick lang dapat sila sa function nila para mag work properly ang government machinery.
Ang problema eh merong Legislators na walang policy advocacy, hindi marunong pumick-up ng possible legislation galing sa hinaing ng constituents niya, at ang palaging mali niya ay pre-occupied siya sa pag-aaktong parang executive by implementing infrastructure projects.
Ang problema sa Executive eh hindi alang ang mandate niya na mag-execute lang ng mga batas. Minsan hindi nag-tatrabaho sa pag-execute ng batas at nag-aaktong Legislator by participating in policy-making debates.
Ang problema sa Judiciary ay napo-politicize minsan ang mga decision nila. Pag sinabi ko na "politicize", ibig kong sabihin ay na-dadala sila sa mga ingay ng mga tao, mga bulong ng mga ma-impluwensyang tao, at mga pressure ng mga politiko. Dapat ang hustisya ay bulag, walang kinikilingan.
Dapat, stick lang dapat sila sa function nila para mag work properly ang government machinery.
Policy Direction IF Gun is Right to Defend
Some people argue that self-defense is a most basic human rights. Anyone advocates for removing this ability is plain evil. Guns are the great equalizer allowing olds and women to defend themselves against a strong bad guy! In short, these people are saying that owning/carrying a gun is a right to defend oneself.
My response is simple. In public policy, we always want every person to enjoy his/her rights. If it is a RIGHT, then there should be no age bias, no place restriction, and no price restraint. Hindi pwedeng mayayaman lang ang pwedeng mag-dala ng baril, dapat lahat mabigyan ng RIGHT na sinasabi mo.
So that EVERYONE will enjoy that right to defend oneself, would you want public policies to evolve towards making gun ownership/carry affordable to EVERYONE? Would you like these policies below?
1. Reduce prices of guns through zero Tariff on importation of guns.
2. Zero fee for permit to own and carry.
3. No place restriction. You can carry your gun everywhere, especially in violence-prone areas like pub houses, movie houses, and discos, and public fiestas.
4. No restriction on manufacturing of home-made guns.
As you said, EVERYONE has RIGHTS to carry an gun because it is a RIGHT to DEFEND oneself.
Do you like this kind of society?
xxxxx
Some people argue that they carry a gun not because they want to shoot someone, but they merely want to die at a ripe old age in their bed, and not on a sidewalk somewhere tomorrow afternoon. They don’t carry a gun to make themselves feel like a man. They carry a gun because men know how to take care of themselves and the ones they love. They don’t carry a gun to scare people. They carry a gun because sometimes this world can be a scary place.
My response is simple. I understand their feelings. Each one also feels the same way. But the question is, do you want everyone else to carry a gun? I mean EVERYBODY!
My response is simple. In public policy, we always want every person to enjoy his/her rights. If it is a RIGHT, then there should be no age bias, no place restriction, and no price restraint. Hindi pwedeng mayayaman lang ang pwedeng mag-dala ng baril, dapat lahat mabigyan ng RIGHT na sinasabi mo.
So that EVERYONE will enjoy that right to defend oneself, would you want public policies to evolve towards making gun ownership/carry affordable to EVERYONE? Would you like these policies below?
1. Reduce prices of guns through zero Tariff on importation of guns.
2. Zero fee for permit to own and carry.
3. No place restriction. You can carry your gun everywhere, especially in violence-prone areas like pub houses, movie houses, and discos, and public fiestas.
4. No restriction on manufacturing of home-made guns.
As you said, EVERYONE has RIGHTS to carry an gun because it is a RIGHT to DEFEND oneself.
Do you like this kind of society?
xxxxx
Some people argue that they carry a gun not because they want to shoot someone, but they merely want to die at a ripe old age in their bed, and not on a sidewalk somewhere tomorrow afternoon. They don’t carry a gun to make themselves feel like a man. They carry a gun because men know how to take care of themselves and the ones they love. They don’t carry a gun to scare people. They carry a gun because sometimes this world can be a scary place.
My response is simple. I understand their feelings. Each one also feels the same way. But the question is, do you want everyone else to carry a gun? I mean EVERYBODY!
Monday, September 13, 2010
Gun Permit is only a Privilege
As licensed gun owners, let's remember EO 194, Section 3. Only uniformed personnel of the PNP, officers and enlisted personnel of the AFP and agents of the NBI are authorized to carry their licensed firearms outside their residence while in the actual performance of their official mission or duty. All other firearm license holders have to apply for a Permit to Carry Firearms Outside of Residence (PTCFORs) in order to avail of this privilege.
PRIVILEGE lang ang binibigay ng PNP. Sa nakikita ko ngayon na gumagawa ng mga rigged survey etong mga gustong magdala ng baril, mukhang nagiging aggressive na sila laban sa gun ban ng PNP.
Sa Foreign Diplomacy, meron tinatawag na principle of Persona Non Grata, wherein pwedeng permanenteng matanggalan ang sinuman na bumabastos sa privilege na binibigay. Applicable etong principle ng Persona Non Grata sa Firearm Carry PRIVILEGE. SO careful ha, lalo na yung PRO-GUN, I was observing the content of your Facebook Account at medyo marami akong nakikita na gustonyo nang i-usurp ang PNP. Careful po baka bumagsak lahat na advocacy natin. Kailangan ko po kayo dyan sa PRO-GUN lalo na sa pag-sunod sa pag encourage ninyo sa mga members ninyo na hindi mag-skip sa PSYCH-TESTS. Merong po papeles lahat sa PNP at makikita po doon lahat na nag-skip ng Psych Test.
PRIVILEGE lang ang binibigay ng PNP. Sa nakikita ko ngayon na gumagawa ng mga rigged survey etong mga gustong magdala ng baril, mukhang nagiging aggressive na sila laban sa gun ban ng PNP.
Sa Foreign Diplomacy, meron tinatawag na principle of Persona Non Grata, wherein pwedeng permanenteng matanggalan ang sinuman na bumabastos sa privilege na binibigay. Applicable etong principle ng Persona Non Grata sa Firearm Carry PRIVILEGE. SO careful ha, lalo na yung PRO-GUN, I was observing the content of your Facebook Account at medyo marami akong nakikita na gustonyo nang i-usurp ang PNP. Careful po baka bumagsak lahat na advocacy natin. Kailangan ko po kayo dyan sa PRO-GUN lalo na sa pag-sunod sa pag encourage ninyo sa mga members ninyo na hindi mag-skip sa PSYCH-TESTS. Merong po papeles lahat sa PNP at makikita po doon lahat na nag-skip ng Psych Test.
Sunday, September 12, 2010
The benefit of Legalizing Jueteng
Jueteng is illegal, not because of moral grounds, but because it is simply not-legalized. There are two major legal gambling operation in the Philippines. One is operated by PAGCOR, and the other one is Cockfighting that is regulated by LGU...s. If it is legal, people enjoy it as a form of entertainment, it is regulated, and government gets taxes from it for various projects.
If it is illegal, the taxes that is supposed to go to the government only goes into the pocket of the law enforcers who tolerate it, special mention the LGU Executives, the Cops, and even Malacanang.
Whether Jueteng is Legal or Illegal, it will find a way to CONTINUE to operate because mouths have to be fed.
Jueteng, as a type of gambling, is illegal as the law says. Some people resort to illegal means of livelihood to survive. Enforcement of laws belong to the state, represented by the Police that is controlled by the LGU Executives.
If many people are into that Jueteng business, the LGU and their Congressman should have "ideally" done two righteous things simultaneously, (1) continue enforcing the law, and (2) submit a Bill to Congress to Represent the plight of the people who are making a living out of that gambling activity.
But but but the LGU and the Congressman did the UNRIGHTEOUS and TREACHEROUS thing. They CONNIVED and CONSPIRED with the Jueteng Lords to personally benefit from its profit. These government officials did not do their job in representing the people in law-making.
In the past, the national government is not taking any bribe from the Jueteng Lords. Erap refused to accept a P5M/daily Jueteng bribe. The Jueteng Lords used GMA ang many other individual to conspire against Erap. The month after ERAP was arrested, Jueteng Kickback Collection became centralized in Malacanang. There is no more collection at the local government level, everything is pooled together into one payment receiving basket in Malacanang. Malacanang distributes the Jueteng Payola to everyone down the chain of command.
If it is illegal, the taxes that is supposed to go to the government only goes into the pocket of the law enforcers who tolerate it, special mention the LGU Executives, the Cops, and even Malacanang.
Whether Jueteng is Legal or Illegal, it will find a way to CONTINUE to operate because mouths have to be fed.
Jueteng, as a type of gambling, is illegal as the law says. Some people resort to illegal means of livelihood to survive. Enforcement of laws belong to the state, represented by the Police that is controlled by the LGU Executives.
If many people are into that Jueteng business, the LGU and their Congressman should have "ideally" done two righteous things simultaneously, (1) continue enforcing the law, and (2) submit a Bill to Congress to Represent the plight of the people who are making a living out of that gambling activity.
But but but the LGU and the Congressman did the UNRIGHTEOUS and TREACHEROUS thing. They CONNIVED and CONSPIRED with the Jueteng Lords to personally benefit from its profit. These government officials did not do their job in representing the people in law-making.
In the past, the national government is not taking any bribe from the Jueteng Lords. Erap refused to accept a P5M/daily Jueteng bribe. The Jueteng Lords used GMA ang many other individual to conspire against Erap. The month after ERAP was arrested, Jueteng Kickback Collection became centralized in Malacanang. There is no more collection at the local government level, everything is pooled together into one payment receiving basket in Malacanang. Malacanang distributes the Jueteng Payola to everyone down the chain of command.
Gun Control and the Makati Robbery Case
Tinga's violation and laxity of the Mall Entrance rule cannot be justified with their response to that situation. It cannot be. Never never never.
Someone said that the Makati Watchstore Robbery Case was prevented because the bodyguards to Tinga who were carying guns inside the mall has responded against the robbers. He argues that it was the allowance of those private guns to enter the mall that saved the day. In my opinion, I think the argument is wrong.
What was wrong in that Makati scenario is the laxity of the Gate Guards who have allowed people to carry gun inside the mall. They were lax on Tinga, they were lax on those fake cops who robbed the watch store. I have heard they have already corrected the laxity error.
Another error I notice in that incident is the absence of a system that will enable anyone (especially the checkpoint guard) to determine if a gun-carrying cop in uniform is in a legitimate proper place and time. For this error, I have inputted a proposal wherein all law enforcers uniform shall have big visible numbers at the back (size of like a car plate number), and any person can text/sms that particular number to a central computer and the sender will receive a response as to where that number is supposed to be at present official time. This plate number system will also help motorists determine if a checkpoint is legitimate. Under my proposal, policemen who are off-duty are not supposed to wear uniform and not supposed to carry a gun. I think I have explained this in the previous post.
Someone said that the Makati Watchstore Robbery Case was prevented because the bodyguards to Tinga who were carying guns inside the mall has responded against the robbers. He argues that it was the allowance of those private guns to enter the mall that saved the day. In my opinion, I think the argument is wrong.
What was wrong in that Makati scenario is the laxity of the Gate Guards who have allowed people to carry gun inside the mall. They were lax on Tinga, they were lax on those fake cops who robbed the watch store. I have heard they have already corrected the laxity error.
Another error I notice in that incident is the absence of a system that will enable anyone (especially the checkpoint guard) to determine if a gun-carrying cop in uniform is in a legitimate proper place and time. For this error, I have inputted a proposal wherein all law enforcers uniform shall have big visible numbers at the back (size of like a car plate number), and any person can text/sms that particular number to a central computer and the sender will receive a response as to where that number is supposed to be at present official time. This plate number system will also help motorists determine if a checkpoint is legitimate. Under my proposal, policemen who are off-duty are not supposed to wear uniform and not supposed to carry a gun. I think I have explained this in the previous post.
Gun Control, Public Safety is a Public Good
Preparedness is EVERYBODY'S responsibility. Terrorism is a threat to the PUBLIC. But someone has to pay for that "preparedness" thing, right?
In economics, when there is a thing that EVERYBODY needs yet only few can afford it, we elevate that thing into something we call PUBLIC GOOD. To produce that public good, civilizations created this thing we call GOVERNMENT. We are lucky we have a government, there are places where there is none where each one is responsible for his own safety (wild-wild west).
Public Safety is a PUBLIC GOOD. Another forms of public goods are Public Infrastructure like Roads, Bridges, Taxation System, National Legislation, Justice System, National Statistics, National Defense, etc.
The system that I am proposing is not an exclusive Police affair. It is very much dependent on the participation of private individuals who are adept and interested on issues involving gun-aided crimes. The checkpoint system, during it's training development stage, and even during implementation stage, has to be participated/monitored in closely by these private individuals. These private individuals I am looking at are this small sector of the population that we call "GENUINE RESPONSIBLE GUN OWNERS".
I am looking for Genuine Responsible Gun Owners who CARE about the safety of those 99.99% of the population who have no access to guns. Yung mga maka-sarili, hayaan lang natin sila. Ang hinahanap ko eh yung merong mentality na naka-integrate sa interest ng society as a whole.
In economics, when there is a thing that EVERYBODY needs yet only few can afford it, we elevate that thing into something we call PUBLIC GOOD. To produce that public good, civilizations created this thing we call GOVERNMENT. We are lucky we have a government, there are places where there is none where each one is responsible for his own safety (wild-wild west).
Public Safety is a PUBLIC GOOD. Another forms of public goods are Public Infrastructure like Roads, Bridges, Taxation System, National Legislation, Justice System, National Statistics, National Defense, etc.
The system that I am proposing is not an exclusive Police affair. It is very much dependent on the participation of private individuals who are adept and interested on issues involving gun-aided crimes. The checkpoint system, during it's training development stage, and even during implementation stage, has to be participated/monitored in closely by these private individuals. These private individuals I am looking at are this small sector of the population that we call "GENUINE RESPONSIBLE GUN OWNERS".
I am looking for Genuine Responsible Gun Owners who CARE about the safety of those 99.99% of the population who have no access to guns. Yung mga maka-sarili, hayaan lang natin sila. Ang hinahanap ko eh yung merong mentality na naka-integrate sa interest ng society as a whole.
Proactive Gun Control Policy for the Benefit of All
We have a common goal which is security that will be enjoyed by ALL. So we should be on one paper.
Democracy is the very basic foundation of the smoothness of any discussion. Respecting views is what we have right now in the sense that people are not restricted to talk their views. Integrity is also important, we cannot tolerate stuffs like skipping psych tests required for gun licensing/carrying for whatever some reason. We are on the same page on this, right?
Your view about proactivity is exactly right! Now we are on one page! Proactivity is acting in advance to deal with an expected difficulty. Being proactive is about being anticipatory and taking charge of situations. Anticipatory, in the sense that it involves proactive steps to prevent terrorism.
My proposal is centered on proactivity. You bring a gun to be proactive and damn it hasles you to bring that piece of heavy steel all the time. Moreso, I am more worried about the FEAR and INSECURITY that you feel inside you every moment of your life.
My proposal will set-up expanded checkpoint systems to ensure that the terorrism that you are afraid of would never reach you. You are a good and responsible gun owner, right? So I assume you will not be afraid of this checkpoint system.
The role of the government is to provide that sense of security to ALL, even to those 99.9% who have no guns. You, me, all of us will put in place a system that will move this country from one point of insecurity to another point where people will be secured.
As I said in my proposal, there will be a transition period of three years. And there will be test cities too so we can polish the new system. Let's try something new.
Democracy is the very basic foundation of the smoothness of any discussion. Respecting views is what we have right now in the sense that people are not restricted to talk their views. Integrity is also important, we cannot tolerate stuffs like skipping psych tests required for gun licensing/carrying for whatever some reason. We are on the same page on this, right?
Your view about proactivity is exactly right! Now we are on one page! Proactivity is acting in advance to deal with an expected difficulty. Being proactive is about being anticipatory and taking charge of situations. Anticipatory, in the sense that it involves proactive steps to prevent terrorism.
My proposal is centered on proactivity. You bring a gun to be proactive and damn it hasles you to bring that piece of heavy steel all the time. Moreso, I am more worried about the FEAR and INSECURITY that you feel inside you every moment of your life.
My proposal will set-up expanded checkpoint systems to ensure that the terorrism that you are afraid of would never reach you. You are a good and responsible gun owner, right? So I assume you will not be afraid of this checkpoint system.
The role of the government is to provide that sense of security to ALL, even to those 99.9% who have no guns. You, me, all of us will put in place a system that will move this country from one point of insecurity to another point where people will be secured.
As I said in my proposal, there will be a transition period of three years. And there will be test cities too so we can polish the new system. Let's try something new.
On Jueteng Scandal, my Advice to PNoy
I'll be out today to work on something, but I leave PNoy with three advice on the Jueteng Scandal before I go.
(1) KILL THE FIRE ASAP - don't allow the Bishop to talk to the media, you have to talk to Bishop personally, get the name of the high-rank official who received Jueteng Payola, and float/fire/ban immediately the said high-rank official from your administration;
(2) AVOID DEBATE ON LEGALIZATION - issue a gag order to the agencies of the executive branch on the debate about the legalization of Jueteng. If you can't resist the temptation to answer media question on the debate, tell them that you are leaving the debate to the Legislative Branch, as chief of the Executive Branch your mandate is to implement the existing law which says Jueteng is Illegal;
(3) TAP THE NATIONAL SECURITY COUNCIL - encourage and support the private-sector-led Anti-Jueteng Organization of the Bishop to do the work in identifying the Jueteng-infested LGUs. Take note that when the LGU Executives are involved in Jueteng Toleration, there is already a high-level organized crime group in the local level under the protection of the LGU. High-level organized Corruption makes the people distrust the government and will fuel rebellion. Cases like that has to be left to the National Security Council, who may in turn start arresting the LGU Executives. Don't worry about the possible errors in the veracity of the Bishop's Report, you can always blame the veracity error on the Bishop but you cannot make excuses in not acting on the report.
Bye.
(1) KILL THE FIRE ASAP - don't allow the Bishop to talk to the media, you have to talk to Bishop personally, get the name of the high-rank official who received Jueteng Payola, and float/fire/ban immediately the said high-rank official from your administration;
(2) AVOID DEBATE ON LEGALIZATION - issue a gag order to the agencies of the executive branch on the debate about the legalization of Jueteng. If you can't resist the temptation to answer media question on the debate, tell them that you are leaving the debate to the Legislative Branch, as chief of the Executive Branch your mandate is to implement the existing law which says Jueteng is Illegal;
(3) TAP THE NATIONAL SECURITY COUNCIL - encourage and support the private-sector-led Anti-Jueteng Organization of the Bishop to do the work in identifying the Jueteng-infested LGUs. Take note that when the LGU Executives are involved in Jueteng Toleration, there is already a high-level organized crime group in the local level under the protection of the LGU. High-level organized Corruption makes the people distrust the government and will fuel rebellion. Cases like that has to be left to the National Security Council, who may in turn start arresting the LGU Executives. Don't worry about the possible errors in the veracity of the Bishop's Report, you can always blame the veracity error on the Bishop but you cannot make excuses in not acting on the report.
Bye.
Gun Policy EO 194, Like and Dislike
Section 3 of EO 194 is already a good alignment to my proposal. It says "Section 3. Only uniformed personnel of the PNP, officers and enlisted personnel of the AFP and agents of the NBI are authorized to carry their licensed firearms outside their residence while in the actual performance of their official mission or duty. All other firearm license holders have to apply for a Permit to Carry Firearms Outside of Residence (PTCFORs) in order to avail of this privilege."
We just have to tighten the implementation of the PTCFOR rules.
xxxxx
However I DON'T like General Order No. 7-C which "provides that the commissioned officers in good standing of the Reserve Force, Armed Forces of the Philippines who are in inactive status may hold under license only one (1) low powered rifle and one (1) sidearm not higher than caliber .45 pistol"
This particular provision is not good because the word"hold" is vague, it could mean both to possess and to carry. I suggest It will have to be repealed. Only Law Enforcement in Uniform and in Active Duty should be allowed to carry a firearm.
We just have to tighten the implementation of the PTCFOR rules.
xxxxx
However I DON'T like General Order No. 7-C which "provides that the commissioned officers in good standing of the Reserve Force, Armed Forces of the Philippines who are in inactive status may hold under license only one (1) low powered rifle and one (1) sidearm not higher than caliber .45 pistol"
This particular provision is not good because the word"hold" is vague, it could mean both to possess and to carry. I suggest It will have to be repealed. Only Law Enforcement in Uniform and in Active Duty should be allowed to carry a firearm.
Gun Crimes - Persons are Inherently Good
A person in naturally good, we are all born naturally good. A criminal is a person who commits a crime in that very short time of his entire life. A person who lives a good life in his entire life becomes a criminal only in that particular moment he commits a crime.
People are born good. Gun is a weapon of a person against other persons. Gun is a regulated equipment because it is dangerously destructive. If you are a good citizen, you won't carry a gun if it is not part of your job.
Look, criminals and non-criminals are not different species. They are one specie only, humans. If you carry a gun without authorization, you are a good citizen who becomes a bad citizen in that particular instance, and you will be dealth with accordingly by the law enforcers.
Crime-fighting is more of a challenge of preventing the crime event to take place. Gun Control is one of the chances we have to prevent crime. It involves strict implementation of policies that will prevent gun ownership to persons who are prone to crime. It also involves policies that prevent guns from being used as an equipment of crime though tight gun carry policies and checkpoint system.
Only Law Enforcers in uniform and on duty should be allowed to carry gun in public places. Private persons should not carry guns. It is also very important that these law enforcers pass the psych screening tests.
The PNP/AFP who are authorized to carry guns should undergo psych tests and evaluations at the individual scale. Of course this is aside from the rule that they can only carry a gun while in uniform and on duty hours.
People are born good. Gun is a weapon of a person against other persons. Gun is a regulated equipment because it is dangerously destructive. If you are a good citizen, you won't carry a gun if it is not part of your job.
Look, criminals and non-criminals are not different species. They are one specie only, humans. If you carry a gun without authorization, you are a good citizen who becomes a bad citizen in that particular instance, and you will be dealth with accordingly by the law enforcers.
Crime-fighting is more of a challenge of preventing the crime event to take place. Gun Control is one of the chances we have to prevent crime. It involves strict implementation of policies that will prevent gun ownership to persons who are prone to crime. It also involves policies that prevent guns from being used as an equipment of crime though tight gun carry policies and checkpoint system.
Only Law Enforcers in uniform and on duty should be allowed to carry gun in public places. Private persons should not carry guns. It is also very important that these law enforcers pass the psych screening tests.
The PNP/AFP who are authorized to carry guns should undergo psych tests and evaluations at the individual scale. Of course this is aside from the rule that they can only carry a gun while in uniform and on duty hours.
Mall Security, the Best Gun/Crime Control Model
That is what I really really really like, when people see that endless crimes are committed by our police in uniform such as kidnappings, corruption, unlawful detentions, torture, and hostage takings. Do you know why these things happen? Because many policemen who carry guns are in the wrong place and the wrong time. Under my proposed policy, cops can no longer be in the wrong place and wrong time while in uniform and on duty time. Cops will not be authorized to carry guns when are not in uniform, when they are not on duty time/place.
If you notice, there are existing heavy populated places yet almost zero gun-aided crime where (1) no one is allowed to carry a gun except the law enforcers on duty and in uniform, and (2) effective checkpoint system.
Do you know where that places are? Hmmmmm. Presenting to you...... tantarantantannnnnn!
MALLS!
We just have to expand our visions and follow the model set by the malls. Replicate the model to cover an entire or cluster of cities.
xxxxx
The first counter argument I have read is that even banks of malls are raided by bank robbers. Now my answer for that is straightforward. Most banks are at the ground-floor perimeter of the mall facing the streets outside the mall, and that is the weakness because the streets outside are not secured. It means that the robbers can reach the bank without passing through checkpoints. That is why the solution is to expand the checkpoints system to cover the whole city so that the bank robbers will have to pass through a series of checkpoints before reaching the bank.
xxxxx
The second counter argument I have heard says that checkpoints in the street is Martial Law. Well, I think it is not. There is checkpoint in the Mall but there is no martial law in there. In fact, even Military and Police personnel are obliged to deposit their guns at the entrance before they enter the mall.
xxxxx
The picture below is what you can see in all entrance of heavily populated malls in Metro Manila. There is a body frisking and open bag inspection at the entrance. The result is amazing in terms of crime reduction. It also makes the people "secure".
If you notice, there are existing heavy populated places yet almost zero gun-aided crime where (1) no one is allowed to carry a gun except the law enforcers on duty and in uniform, and (2) effective checkpoint system.
Do you know where that places are? Hmmmmm. Presenting to you...... tantarantantannnnnn!
MALLS!
We just have to expand our visions and follow the model set by the malls. Replicate the model to cover an entire or cluster of cities.
xxxxx
The first counter argument I have read is that even banks of malls are raided by bank robbers. Now my answer for that is straightforward. Most banks are at the ground-floor perimeter of the mall facing the streets outside the mall, and that is the weakness because the streets outside are not secured. It means that the robbers can reach the bank without passing through checkpoints. That is why the solution is to expand the checkpoints system to cover the whole city so that the bank robbers will have to pass through a series of checkpoints before reaching the bank.
xxxxx
The second counter argument I have heard says that checkpoints in the street is Martial Law. Well, I think it is not. There is checkpoint in the Mall but there is no martial law in there. In fact, even Military and Police personnel are obliged to deposit their guns at the entrance before they enter the mall.
xxxxx
The picture below is what you can see in all entrance of heavily populated malls in Metro Manila. There is a body frisking and open bag inspection at the entrance. The result is amazing in terms of crime reduction. It also makes the people "secure".
Saturday, September 11, 2010
Gun is Not the Best Self-Defense, but RUN is
Carrying a gun everyday is not an act of defense because the danger is not yet existing nor eminent. Reasoning out that carrying a gun for reason of "anticipated" self defense will only be strong if your JOB involves responding towards ongoing crime scenes.
Carrying a gun based on imaginary anticipation of self-defense is nothing but ORDINARY PARANOIA. It is a sickness of the mind, but of course it is controllable.
Even responsible gun owners believe that GUN is not the best form of self-defense, but RUN is.
If you are anticipating that any moment someone would come to you for help with life at risk from an attacker, then why wouldn't you keep your house open and 24/7 unlocked from strangers?
You anticipate self-defense, so you are anticipating a violent attack, then why wouldn't you carry with you a first-aid medical kit all the time?
Society is at risk from you everyday when you carry a gun everyday. When we reach a point that everyone carries a gun for the same reason you have, you will not be safe anymore. When that time will come, you might be on MY SIDE facing a big big problem advocating gun control against the resistance of millions of people who does not trust one another.
Guns being carried by private persons is an expression of mistrust on the system of society.
We want to build a future that is built upon trust on one another and government efficiency.
Carrying a gun based on imaginary anticipation of self-defense is nothing but ORDINARY PARANOIA. It is a sickness of the mind, but of course it is controllable.
Even responsible gun owners believe that GUN is not the best form of self-defense, but RUN is.
If you are anticipating that any moment someone would come to you for help with life at risk from an attacker, then why wouldn't you keep your house open and 24/7 unlocked from strangers?
You anticipate self-defense, so you are anticipating a violent attack, then why wouldn't you carry with you a first-aid medical kit all the time?
Society is at risk from you everyday when you carry a gun everyday. When we reach a point that everyone carries a gun for the same reason you have, you will not be safe anymore. When that time will come, you might be on MY SIDE facing a big big problem advocating gun control against the resistance of millions of people who does not trust one another.
Guns being carried by private persons is an expression of mistrust on the system of society.
We want to build a future that is built upon trust on one another and government efficiency.
Anti-Coruption Strategies
Yung ibang grand conspiracy corruption scheme na related sa ACQUISITION, PROJECTS, EMPLOYEE HIRING ng gobyerno ay meron akong tatlong systematic approach dyan pero medyo long-term aside from strengthening the Audit System.
1. DEMOCRACY - Freedom of Information Act para mabigyan ang media and private investigators ng access sa proceedings ng procurement process from bidding to post-project evaluation. Pwede rin nating lagyan ng mechanism na mag flow ang funds from government anti-corruption program to private individuals/groups who do independent anti-corruption investigations, studies, and advocacy.
2. EDUCATION - Professionalization ng Procurement Services. It means magkakaroon na ng Bachelor of Science in Procurement Services, magiging scientific na ang procurement decision process, merong Board Exam, merong Code of Ethics, at merong professional integrity na ipaglalaban ang mga taong magtatrabaho sa mga procurement units.
3. VALUES FORMATION - Annual Seminar in Government Ethics. Lahat na government employees ay dadaan sa annual certification na eto. Merong computerized training and certification. Meron din Instructional Video that will be focused on the public's role to eradicate corruption na i-show round-the-clock palagi sa mga reception ng lahat na frontline services ng government agencies para mapanood ng mga customer habang nag-hihintay. Ang purpose nito ay dapat ma-indoctrinate ang buong bayan kung ano ang ibat-ibang corruption schemes, kung paano nila i-report ang mga na-witness or na-experience nila, at ano ang protection na maibibigay ng gobyerno para sa mga whistleblower.
1. DEMOCRACY - Freedom of Information Act para mabigyan ang media and private investigators ng access sa proceedings ng procurement process from bidding to post-project evaluation. Pwede rin nating lagyan ng mechanism na mag flow ang funds from government anti-corruption program to private individuals/groups who do independent anti-corruption investigations, studies, and advocacy.
2. EDUCATION - Professionalization ng Procurement Services. It means magkakaroon na ng Bachelor of Science in Procurement Services, magiging scientific na ang procurement decision process, merong Board Exam, merong Code of Ethics, at merong professional integrity na ipaglalaban ang mga taong magtatrabaho sa mga procurement units.
3. VALUES FORMATION - Annual Seminar in Government Ethics. Lahat na government employees ay dadaan sa annual certification na eto. Merong computerized training and certification. Meron din Instructional Video that will be focused on the public's role to eradicate corruption na i-show round-the-clock palagi sa mga reception ng lahat na frontline services ng government agencies para mapanood ng mga customer habang nag-hihintay. Ang purpose nito ay dapat ma-indoctrinate ang buong bayan kung ano ang ibat-ibang corruption schemes, kung paano nila i-report ang mga na-witness or na-experience nila, at ano ang protection na maibibigay ng gobyerno para sa mga whistleblower.
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