Another year is ending. How time flies!
By the end of this year, many lives will again be ruined because people insist on celebrating the coming of the New Year with the unsupervised use of firecrackers which are basically explosives. We really have to start recognizing firecrackers for what they are —explosives—the use of which is dangerous to those who are not trained. Even trained soldiers get into accidents sometimes. How much more untrained civilians?
Let us all try to celebrate and enjoy the coming of the New Year safely.
* * *
The year 2017 promises to be fast and furious for the nation. The administration of President Duterte has lined up a lot of programs: Charter Change, the death penalty, huge infrastructure projects, peace deals with the CPP/NPA, MILF, MNLF, release of so-called political prisoners and lest we forget, the continuing war on drugs.
Another project that hit the news although not in any spectacular fashion but equally important was a plan to amend RA No. 4200, otherwise known as the anti-wiretapping law. This is a law that ostensibly protects the public from unwarranted intrusion of government and other entities from violating guaranteed civil liberties. This law has ironclad provisions that prohibits any intercepted communication from being used as evidence in court. The law however, allows law enforcement agencies to go to court for authority to tap communications—but this is rarely done due to the lack of trained law enforcement personnel who can tap modern communications.
Tapping landline telephone conversations is not commonly done anymore because everybody uses cell phones and the internet. Besides, there are certain limitations that this window provides. For instance, what if the one being investigated is a high government official? Knowing our judicial system, which seems to change every time a new government gets into power, it is doubtful if this can be done.
There are currently many people who have very fat bank accounts because the anti-wiretapping law has protected them from criminal prosecution. The law must only protect innocent communication. The law must not protect criminals and corrupt public officials from using the internet, for instance, to plan criminal activities. This is true on the matter of electoral fraud.
There are now many elected officials in government who cheated their way into office. And although electronic manipulation is easy to prove with simple forensic examination of the computer machines used, the electoral system makes it difficult because of rigid procedures.
I know a group that has made hundreds of millions of pesos since 2010 by charging exorbitant fees to manipulate elections with the connivance of corrupt Comelec officials. These people are difficult to prosecute because of the anti-wiretapping law. The current Ombudsman wants the relaxation of some provisions of the law, but this does not go far enough. It should be that anyone who intends to commit serious crime and uses cellphones and the internet to plan these crimes should not be protected by the law. The law should allow all intercepts by anyone to be used in court. Why protect criminals? It should be the interest of the state, not of the criminals, that is paramount.
The plan of the government to release so-called political prisoners as demanded by the CPP/NPA is raising eyebrows in the Philippine National Police and the Armed Forces. This is not only because it seems to be one sided: PNP and AFP personnel who are in jail for doing their duty are not being given the same treatment. Why release only the NPA militants convicted of waging revolutionary war against the government and not do the same to uniformed personnel who believe that they too were only doing their duties.
Luis Jalandoni, a top official of the National Democratic Front, says in a statement that he believes that the New People’s Army should not be disbanded after a peace deal is signed with the government especially in the areas where land reform has not been implemented thoroughly because of the resistance of hacenderos. No statement coming from the government, on whether it agrees or not with the statement of Mr Jalandoni, was issued.
Also, during the observance of the founding anniversary of the CPP/NPA, Secretary Silvestre Bello, together with other senior officials of the government, attended the celebration complete with a cadre of CPP/NPA uniformed personnel with their firearms displayed for the whole country to see. This is the first time as far as I know that this has ever happened.
It might be understandable and even expected for those high government officials of government coming from the NDF to attend the anniversary celebration. That Secretary Bello and others were there, however, is a little disconcerting. What is the message that they are trying to convey to the public, especially to the PNP and the AFP? These officials although they are trying to negotiate a peace deal must be careful and be sensitive to the sentiments of the PNP and AFP especially those families who also lost their loved ones in combat against the CPP/NPA. Their actions may backfire if not handled carefully.
Right now, it is important that these officials manage perceptions carefully so as not to telegraph the wrong message. We all want peace but let us do it right.
Happy New Year!