MURDER IN THE PHILIPPINES

Murder is a crime committed when a person is killed with a malice aforethought which is by means of intention to kill through a bodily injury and the intention to commit harmful felonies. Murder is different from manslaughter because of the intention manslaughter involves an involuntary act or incident of killing another person. Murder can be caused by personal issues or by deeper issues that can involve many people.

In the Philippines there are infamous cases of murder. Some of these are justified and some are not. There are a lot of cases that are known and have made a big controversy through the years like: Chiong Murder Case; Batasang Pambansa Bombing; Vizconde Massacrel; Magindanao Massacre and other Political Killings in the Philippines. We eye on these issues because it involves people outside the scene and there will be a thirst for justice due to this immoral act. It can also definitely be a show of power since in any different angle you look at it there are evidences against the suspect but they still manage to escape the punishment. We should have a just and strong court that would handle cases and would not give a getaway to the suspects.
To have an assurance of safety the society has to create regulations that would scare the people to do such inhumane acts. Offenders should be faced with death penalty or life imprisonment. Imprisonment is important to rehabilitate the person from everything that he has done and to make him/ her realize the damages he has caused and make his wrongs right in his remaining lifetime.
“In REPUBLIC ACT NO. 7659 it is stated that:
AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AND FOR OTHER PURPOSES”
It has to be followed to give warning to the public. It is fear that would put them to guilt. Even if this is imposed it will not be effective if the rule enforcers are controlled by manipulating suspects. The prosecutors have to be firm and they should never be drawn to the control of misleading offenders.

In the lighter note it is said that the of crimes committed in the country in 2011 was down by 23.36% to 248,378 from 324,083 in 2010. (according to the PNP) This can make us see our progress as a nation and that we have hope. But we are not to stop with that. Even if crime and murder is inevitable we can still lessen it and make people refrain from murder.

Source:
http://www.pctc.gov.ph/initiatv/RA7659.htm

KIDNAPPING IN THE PHILIPPINES

In criminal law, kidnapping is the taking away or transportation of a person against that person’s will, usually to hold the person in false imprisonment, a confinement without legal authority. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute.   In some countries such as the United States a large number of child abductions arise after separation or divorce when one parent wishes to keep a child against the will of the other or against a court order. In these cases, some jurisdictions do not consider it kidnapping if the child, being competent, agrees. (http://en.wikipedia.org/wiki/Kidnapping)

 Regarding this issue, the Philippine government law to protect it’s citizen and anyone within its territory provides :

REPUBLIC ACT No. 18

AN ACT TO AMEND ARTICLES SIXTY-TWO, TWO HUNDRED AND SIXTY-SEVEN, TWO HUNDRED AND SIXTY-EIGHT, TWO HUNDRED AND SEVENTY, TWO HUNDRED AND SEVENTY-ONE, TWO HUNDRED AND NINETY-FOUR, AND TWO HUNDRED AND NINETY-NINE OF THE REVISED PENAL CODE

(Here hyperlink:    http://www.chanrobles.com/RepublicActNo.18.html)

In early years, Philippine crime : kidnapping has increased. In 2004 , amendments has been made under the presidency of Arroyo as follows:

 Executive Order No. 291]
February 28, 2004

AMENDING EXECUTIVE ORDER NO. 248 DATED 26 OCTOBER 2003 CREATING THE OFFICE OF THE ANTI-KIDNAPPING PRESIDENTIAL ADVISER.

WHEREAS, the Office of the Anti-Kidnapping Presidential Adviser was created to implement a campaign against kidnapping involving law enforcement and counteraction agencies and the private sector through the National Anti-kidnapping Task Force [NAKTAF];

WHEREAS, initial efforts of NAKTF have proven effective in fighting kidnapping because of popular support from the private sector, among others.

WHEREAS, to sustain the effectiveness of NAKTF’s anti-kidnapping efforts, there is a need to encourage wider participation from the private sector.

NOW, THEREFORE, I, Gloria Macapagal-Arroyo,
President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Section 2 of Executive Order No. 248 dated 26 October 2003 is hereby amended to read as follows:
“Section 2. Oversight Committee – There is hereby created an Oversight Commitment to ensure the execution by active participation of the involved law enforcement and counteraction agencies of the anti-kidnapping action programs.

The Oversight Committee shall be composed of the following:

Secretary Angelo Reyes Chairman

Secretary of Interior and Local Government Member

Secretary of National Defense Member

Secretary of Justice Member

Secretary of Transportation and Communication Member
Seven (7) representatives from the private sector shall be appointed by the President as members of the Oversight Committee.”

SECTION 2. All orders, circulars, memoranda, rules, regulations and other issuances or parts thereof inconsistent
herewith are superseded or amended accordingly.

SECTION 3. This Executive Order shall take effect immediately.

City of Manila, 28th day of February 2004.

(Sgd.) GLORIA MACAPAGAL – ARROYO

By the President:

(Sgd.) ALBERTO G. ROMULO

Executive Secretary

Source : http://elibrary.judiciary.gov.ph/index10.php?doctype=Executive%20Orders&docid=09dbf840251a3eebca09e985cbc89c54455a487ab5a36

In 2011 , though crime rate in Philippine reported to decrease but of the major crimes has been reported most of which are related to kidnappings.

Philippines kidnappers release American boy, 14

11 Dec 2011

Kevin Lunsmann was last of three family members held hostage after mother was freed and cousin escaped

• 2 May 2000

Island hostages plead for swift release

• 4 Feb 2001

I just want some cereal, says freed kidnap girl

• 4 May 2000

Hostages die in Philippine gunfights

• 7 Dec 2007

Philippine terrorists get life for holiday island kidnapping

Muslim rebel groups

1 Feb 2002

The largest rebel groups in the southern Philippines, mainly on the islands of Mindanao, Basilan and Jolo, claim to be fighting for an independent homeland for the country’s Muslims.

Reference :  (http://www.guardian.co.uk/world/2011/oct/03/kidnap-victim-freed-philippines-american)

• Organ harvesting

Which particularly in students or children before teens , kidnappers waited outside the public schools then collect child and after getting their internal organs, they leave their body in some remote area outside Manila. Some bodies are stuffed with money and some are left with their stomach and missing organs.

(http://bryanvalencia.multiply.com/journal/item/17/KIDNAPPING_IN_THE_PHILIPPINES?&show_interstitial=1&u=/journal/item)

Tourism :

With this current issue, leaves for   tourists to have second hand on the other thought from coming here  in Philippines. This affects not only local citizen as well as it economic status.

Thus for safety tips please refer to this sites:

http://cebuexperience.com/living-in-the-philippines/kidnappings-in-the-philippines/

http://www.bohol.ph/article24.html

http://www.smartraveller.gov.au/zw-cgi/view/Advice/Philippines

Other sites related :

http://newsinfo.inquirer.net/tag/kidnapping

CAR NAPPING IN THE PHILLIPINES

Safety and security of Filipinos has been questionable over the years. There is no assurance if there will be a crime that would happen in the place we live in or even in the streets we walk on. At the present time, even cars aren’t safe in our streets. There have been a number of carnapping cases that happened in the street of the Philippines. Car- napping is the act of taking a motor vehicle without consent, or by using force, and with the intent of gain. Carnapping cases have created a major problem to the security group of our country. Also, it created a bad impression to foreign investors. Lastly, this crime prevents our country to develop economically.

In the data gathered by the Philippine National Police, last 2010, there were 654 numbers of carnapping in our country.  Security groups in the Philippines have been alarmed by this kind of crime. Syndicates of this kind are being monitored by the Philippine security group as they do their operations.

The Dominguez Brothers Syndicate is one of the notorious groups in the Philippines, whose operations are in the Manila and Central Luzon. The syndicate has been involved in car napping back in 2006. The brothers first did their operations in their hometown, Calumpit, Bulacan.

Another syndicate involved in car napping incidents is the Bino Dacer Group. The protocol being followed is: the victims driving the car are convinced by the suspects to give their car to the suspects. After the suspect takes the car, an amount of money is promised to be returned to the driver after they sell the car. These syndicates continue their rampage in our country today.

The search of the Philippine security for solutions to this arising problem continues.  Philippine security created a law against this kind of crime. The Republic Act No. 6539 is the law against carnappings. It was signed in law back on August 26,1972. According to the law, any person caught in the act of carnapping by means of violence will have a corresponding punishment of imprisonment of not less than 17 years and 4 months, not more than 30 years.