Dura Lex Sed Lex – “The law is harsh, but it’s the law”. So what’s the big deal with a public official assaulting a public employee? Let me rephrase – what’s the big deal with a public official becoming judge, jury, and executioner? Public officials are supposed to uphold the law and not break it – but that’s asking too much, specially from Filipino public officials.
Impunity rules in the Philippines. Justice delayed is justice denied. However, swift justice without due process is also justice denied.
A jaded observer would say at least the sheriff got assaulted – it can be worse, he could have been gunned down. And that even gets worse – a slippery slope where a city gets stuck and takes price in barbaric practices. That’s not the rule of law – that’s the peace of the grave administered by thugs. In a civilized word of laws – being lawless is not something to take pride about.
Impunity – of many shapes, sizes, and form is a severe malady that has eaten the Filipino psyche. Whether it is wholesale Ampatuan murder or the daily body count of people being shot by motorcycle riding gunmen. Or, the latest M.O. – being stabbed with an ice pick to make it appear like a random act – sort of collateral damage in a gang war gone wrong. The things that we do so we can have a place to be “proud of” is not something to be proud of.
Under the belief that people are acting in the name of the “greater good” – we judge, hand out, and implement the sentence without due process. Thus, when a jeepney driver does not follow the law – expect a sapak or a whipping (instead of suspending the license). It’s a belief that Filipino society is an extension of the family – and by extension the local chief executive is the head of household who is empowered to do whatever – including corporeal punishment – and at times capital punishment - without due process.
This belief that governance is like running one big family is naive and so wrong. For one, the local chief executive is not the head of the household or “amahan/inahan sa nasud” – he is a person whose task is to execute the programs laid down by the legislative council subject to the laws of the land. There also exists a judicial system whose task is to evaluate complaints under a lawfully prescribed process.
Now obviously, our judicial system’s delay in handling cases makes a mockery of justice – justice delayed, is justice denied. However, swift justice, without due process – is also, justice denied. The answer is to seriously fix the judicial system instead of going around and becoming a Judge Dredd – judge, jury, and executioner in one.
Some would say that it is important to cite context – that a public official was mainly buying for time so that homeless constituents have more time to get ready to move out. I dunno, am wondering when was the notice to vacate served and why it had to come to this. Procastination and ningas-cogon, demolition time, poverty, and naive populism is a heady mix.
Clearly we have a bigger problem – poverty of the mind. The poverty has moved not just from our wallet but also into our mind – leading to a bankruptcy of solutions. It seems we Filipinos look at all problems as nails that can be hammered down because the only tool we have – is a hammer. In the process, we forget that a civilized society thrives because of laws and corollary to that – it breaks down in the absence of laws. And as shown by failed states all over the world – the breakdown of laws is replaced by the rule of warlords and strongmen.
The Philippines Continuing Slide Towards Becoming a Failed State
What the phenomenon of impunity of filipino public officials and public tolerance of such, tells me, is this – it’s not just the failure of the public official that is on display. What’s on display is the failure of Philippine society – and the failed Philippine state of “proud pinoys”.
ABOUT THE FAILED STATES INDEX
The new edition of the index draws on some 130,000 publicly available sources to analyze 177 countries and rate them on 12 indicators of pressure on the state during the year 2010 — from refugee flows to poverty, public services to security threats. Taken together, a country’s performance on this battery of indicators tells us how stable — or unstable — it is. And the latest results show how much the 2008 economic crisis and its ripple effects everywhere, from collapsing trade to soaring food prices to stagnant investment, are still haunting the world.
Somalia’s unending woes are the stuff hopelessness is made of. But elsewhere in the top 20, some countries showed improvement, even as others fell further behind. Afghanistan and Iraq both moved down the ranks, suggesting slight gains for the two war-torn countries as the United States seeks a sustainable exit strategy. Kenya moved out of the top 15, showing that the country continues to recover from its bloody post-election ethnic warfare of recent years. Liberia and East Timor, wards of the United Nations, largely stayed out of trouble. But Haiti, already a portrait of misery, moved up six places on the index, battered and struggling to cope with the aftermath of January 2010′s tragic earthquake, which left more than 300,000 dead. Another former French colony, Ivory Coast, rejoined the top 10, grimly foreshadowing its devastating post-election crisis this year, while fragile Niger leapt four spots amid a devastating famine.
**
The Failed States Index, produced by The Fund for Peace, is a critical tool in highlighting not only the normal pressures that all states experience, but also in identifying when those pressures are pushing a state towards the brink of failure. By highlighting pertinent issues in weak and failing states, The Failed States Index—and the social science framework and software application upon which it is built—makes political risk assessment and early warning of conflict accessible to policy-makers and the public at large.
In 2008, the Philippines failed states index was 59, 53 in 2009, 51 in 2010, 50 in 2011. It is a disturbing index – one that shows the Philippines sliding down to join the ranks of Haiti, Nigeria, Burma, Somalia while our ASEAN neighbors move forward with their economies.
- Daang Matuwid to becoming a Failed State
In the year 2011, the digital century, Pinoys with smartphones, sporting the latest brand name apparel, technical thing-a-magigs, and all the toys for big boys and big girls – still remain at heart, lawless barbarians roaming the streets with impunity.
Isn’t it about time the Philippines actually got… civilized?
About the Author
27 Comments on “Impunity and the Filipino Public Official”
The time this news came up I gave my two cents on twitter and was quickly told that I simply did not “get it” and that instead I should be proud of what my former mayor did. For writing this article, I’d like to say THANK YOU.
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Beware of the dark side. Anger…fear…aggression. The dark side are they. Easily they flow, quick to join you in a fight. If once you start down the dark path, forever will it dominate your destiny, consume you it will.
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Public Officials are supposed to be the role models, of good behaviours…What will happen, if, as the Mayor Duterte had done; you become the Poster Girl of Bad Behaviour. Mayors are supposed, to be knowledgeable on the rule of laws; in order to rule best their constituents…
This is the symptom of our political illness concerning , family political dynasties…we are still ruled like we were ruled, by the Spanish Guardia Civil and Spanish Colonial Administrators…they were the law…Mayor Duterte is the law…
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observer Reply:
July 5th, 2011 at 4:14 am
I won’t be too hasty to criticize the incident. Not everything is black and white. What the mayor did may not be appropriate, there is no doubt harming someone in front of the camera where the whole country can see is unacceptable. But if you would focus your perspective on the most important things there, the demolition squad and the informal settlers. If you look at the greater picture, there will be a lot of injuries that will happen between those two groups, and possible deaths as well. Human life is still life, no matter what their status in society is. No life is worth losing just for demolition order. I find the tribulation of the two public official are trivial, but the concern of those I mentioned earlier, were more important.
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Hyden Toro Reply:
July 6th, 2011 at 11:50 am
I happen to be a student of History…up to the present. The impunity of those in power, to transgress the law. Rationalize their transgressions, as their rights…had happened in Nazi Germany in Adolf Hitler’s time. It happened also in Italy, during the reign of IL Duce: Benito Mussolini’s, Fascism…Hitler politicalized, the hate of the Jews. It led to the Holocaust. Mossolini politicalized law and order, thru Fascism…it led to his Axis with Hitler and Japan’s militarists…We must always remember our pasts. So that we will never repeat them…
As the Philosopher/Historian, George Santayana had warned: “Those who forget the past, are condemned to repeat it.” We must try to live under the rule of law. Might is not right; even the majority tells it so…
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First of all, I don’t understand why the United States is considered “stable” when it should be “the most stable” since America is the Big Stick on earth. (It’s not perfect but it’s the best in the world; I’m sure better than Canada and Australia.) America has the most disciplined and sophisticated military, justice and economic system–again, it’s not perfect, but I’m quite sure it’s THE most stable.
Secondly, Mayor Duterte did what she did because she is exactly that, a DUTERTE. Remember Borgy Marcos Manotoc beating up a Pardo de Tavera descendant? And that Filipino fashion designer caught on camera at the airport or some department store forcing a salesperson to kneel and ask for forgiveness? If you have fame, money and status in the Philippines, you can circumvent the law. Heck, just look at the Marcoses, 25 years later none of them nor their cronies ever served jail time.
So yeah, the Index is somewhat accurate, the Philippines is in danger. What’s sad is the masses do kiss the asses of their masters.
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superlucky20 Reply:
July 5th, 2011 at 2:32 am
Don’t think too highly of the U.S., my friend. It’s not pre-eminent as you think it is. It may be the most powerful, true, but it is definitely not the most exemplary.
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Pugot Reply:
July 5th, 2011 at 2:37 pm
I will think highly of the U.S. because that country has more Filipinos living there with decent lives and opportunities than in the Philippines. And yes, it is THE MOST exemplary country on earth. (Not perfect, but it’s the best.) You want to elaborate and give examples of another country other than the United States with a better track record and accomplishments? I’d like to know. Remember that guy Pacquiao? That native looking girl who lost a contest in the Philippines because she was considered ugly by the name of Pempengco? Among other Filipinos who couldn’t find the opportunity in the Philippines but found it in America?
You don’t consider that exemplary? Either you are very stupid, in denial of reality or the typical “proud to be pinoy” zombie. Remember that World War II battleship the Philippine Navy brags about to defend the Spratlys? That came from the “unexemplary” United States. By the way, the Aquino government is asking for American help to defend our independence. I can keep going on to disprove your comment.
But anyway, let’s hear what you have to say. Name another country with better exemplary examples.
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superlucky20 Reply:
July 6th, 2011 at 1:52 am
“Remember that guy Pacquiao? That native looking girl who lost a contest in the Philippines because she was considered ugly by the name of Pempengco? Among other Filipinos who couldn’t find the opportunity in the Philippines but found it in America?”
That’s how you interpret THE FAILED STATES INDEX? Wahahahahaha! And you call me stupid? Wahahahahaha!
Wikipedia defines a failed state and the Failed States Index:
“The term failed state is often used by political commentators and journalists to describe a state perceived as having failed at some of the basic conditions and responsibilities of a sovereign government. In order to make this definition more precise, the following attributes, proposed by the Fund for Peace, are often used to characterize a failed state:
loss of control of its territory, or of the monopoly on the legitimate use of physical force therein,
erosion of legitimate authority to make collective decisions,
an inability to provide public services, and
an inability to interact with other states as a full member of the international community.
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Since 2005 the United States think-tank Fund for Peace and the magazine Foreign Policy, publishes an annual index called the Failed States Index. The list only assesses sovereign states (determined by membership in the United Nations.)[5] Several territories are excluded until their political status and UN membership is ratified in international law. For example, Taiwan, the Palestinian Territories, Northern Cyprus, Kosovo, and Western Sahara are not included in the list, even though some are recognized as sovereign states by some nations. Ranking is based on the total scores of the 12 indicators (see below.) For each indicator, the ratings are placed on a scale of 0 to 10, with 0 being the lowest intensity (most stable) and 10 being the highest intensity (least stable). The total score is the sum of the 12 indicators and is on a scale of 0-120.[5]“
Here are the indicators:
Mounting Demograpic Pressures
Massive Movement of Refugees or Internally-Displaced Persons
Vengeance-Seeking Group Grievance
Chronic and Sustained Human Flight
Uneven Economic Development
Poverty and Sharp or Severe Economic Decline
Legitimacy of the State
Progressive Deterioration of Public Services
Violation of Human Rights and Rule of Law
Security Apparatus
Rise of Factionalized Elites
Intervention of External Actors
I don’t see “Opportunities for Impoverished People from Other Countries to Make It Big In the Country Involved” as an indicator. Wahahahahaha!
There are many countries better than the USA on the above indicators, like its neighbor Canada or Australia or Switzerland or Sweden or Norway or Finland or Ireland, etc. etc. The USA failed on some indicators like Uneven Economic Development, Poverty and Sharp or Severe Economic Decline and Violation of Human Rights and Rule of Law; that accounted for its relatively low score compared to the other countries above. And that shows that the USA is not as good as you think it is.
Like i said it’s very simple. We are not united despite the strong support for Azkals, Pinoy pride here and there,etc. These are just shallow sentiments. The true picture is that no one cares about the country. Your average Filipino is someone who only thinks about himself/herself and his/her family, friends, and relatives. Nobody gives a damn about the country. Those who do care just eventually go with the flow and joins the self centered society. That’s why laws and regulations aren’t followed and processes are inefficient.
You know what? A civil war would actually be a good thing. It would determine if we really deserve to be a nation.
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Lightzout Reply:
July 5th, 2011 at 8:16 am
I blame the leaders who run this country like hell. I think pretty much decades of false promises and lies made the past to slightly present generation lose hope with the country. What we need is a strong leader who can bring the people’s trust back to the government who in turn actually works in stabilizing the country.
We have too many ‘robin-hood’ mentality here or ‘everyone needs a superhero’ mentality. We’re as dumb as sheep while the intelligent shepherds have their way in manipulating us.
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Pugot Reply:
July 5th, 2011 at 2:47 pm
Yeap, I agree! A civil war will definitely help phase out our immaturity as a nation. Great nations today went through civil wars to find themselves and lay out the blue print towards progress. The United States, Japan, China, France, Korea and now Vietnam about to surpass the Philippines.
There has to be bloodshed. Peaceful people power, praying and reconciliation haven’t been working huh? But then again, the trouble with Filipinos is that when it comes to actions that matter, they cower. They are brave when defending the Philippines against foreigners. But when their fellow Filipinos exploit, murder and swindle them, they say, “Proud to be Pinoy!”
The Philippines will remain hopeless unless a civil occurs.
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superlucky20 Reply:
July 6th, 2011 at 1:56 am
If there is a civil war in the Philippines, who will be the opposing factions? Anti-RH vs Pro-RH? Wahahahahaha! You geniuses better stop with this civil war nonsense. It won’t benefit any of us; even war freaks like you.
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lo Reply:
July 11th, 2011 at 11:54 pm
The opposing factions will be Bisaya people versus Tagalog people versus Moros, etc. It will benefit because Philippines is a failed state and it deserves to crumble if the people are not united.
All nations went through civil wars (Confederate States of America, The Western Army led by Mistunari Ishida, etc.) and it resulted to them being either more united and progressive or more divided and degraded whichever the people deserves.
superlucky20 Reply:
July 12th, 2011 at 5:28 am
What would they fight about, aber? Let me ask you: Have you ever been in a war? Do you actually know what it means to be in a war?
lo Reply:
July 12th, 2011 at 9:41 pm
Fight about? You do know that Mindanao wants to separate itself from the Philippines? You do know that regionalism is very strong within Philippines? After all we are not a federation or confederation. We are just bound by a government centralized in Metro Manila alone. In other words, we never wanted to be united (except the time of Aguinaldo but that is long over), only the Spaniards really wanted it and it is they who made Philippines. If the government plunges the country to a worse state, discontent will get stronger of course and this can increase regionalism, separatism, etc. Will you disagree that Aquino’s government is weak?
Ever heard of Yugoslavia? That is a possibility that may occur for the future of the Philippines.
We all know what war is about. Those intestines coming out and other gruesome things. Potential bombs in trains, buses,etc. This actually occurs in Metro Manila itself albeit not always. Did you know that there is indeed a war going on in Mindanao albeit not a full blown war?
superlucky20 Reply:
July 12th, 2011 at 11:35 pm
And this will benefit the Philippines because?
lo Reply:
July 13th, 2011 at 6:29 am
It will benefit the Philippines in a way that it tests us as a people if we really deserve to be united and progressive or divided and degraded. It tests the leaders whether they are competent or incompetent. It brings out the question about the existence and purpose of the state/nationhood. The outcome will determine whichever the people deserves.
After the civil wars of Japan and United States of America, they became stronger, united, and progressive nations despite still dealing with numerous problems.
superlucky20 Reply:
July 13th, 2011 at 7:47 am
A test? A f**king test? To find out “whichever the people deserves”? (whatever that means) We don’t need a civil war to find out if our country sucks or not. We already know we suck, Einstein!
You imply that a civil war will either (a) inspire us to become a better nation or (b) utterly destroy the nation. It’s either prosperity or ruin. If the outcome is ruin, HOW THE HELL IS THAT A BENEFIT? Or maybe the benefit for you is that we finally conclude that we’re a country of idiots. (Look in the mirror, duh!)
You’re overly romantic about the civil wars of America and Japan. They were able and prosperous before their respective wars began and they HAD THE ABILITY to recover after such devastation. Sorry to burst your bubble but some countries never recover or took a long time to do so. Conflicts in countries like Nepal, Congo and Somalia totally demolished their respective nations: Nepal lost its tourism industry and became a nation of OCWs (like us) because of civil war. Congo lost around 5 million people and the economy is in shambles despite having one of the most abundant mineral deposits in the world. Somalia just never recovered. It lays waste this very day; home to the worst extremists imaginable. Now, which does the Philippines resemble more: Nepal, Congo and Somalia? Or USA and Japan?
Do you honestly think we’ll become BETTER because of civil war? War never benefitted ANYONE, even the US and Japan. And it comes always at a steep price; the losses of war ALWAYS exceeds the gains. I was right. You do not know what it means to be in a war. Because if you did, you wouldn’t wish it for your country.
Mag-isa ka, engot.
lo Reply:
July 13th, 2011 at 8:54 am
Like i said, if it comes to ruins, then the Filipino people deserves it. That’s the benefit. To end this failed state. A benefit in a different perspective. After all, the country sucks as you said. Who cares about the country anyway? Nobody wants it to prosper. Might as well destroy the nationhood. Let other countries take over these island and make better use of it. Filipino people are dirty just look at the cleanliness of Singaporeans.
Those countries you mentioned, their outcomes made their nation a ruin because that’s what they deserved. A disorganized, divided, and weak race, a weak people. Filipino people are one of them.
And please don’t call me names. It’s unnecessary and a sign of an uncivilized person. That’s what most Filipinos are, uncivilized.
peak oil will wipe out the feeders, with abnoy having zero reneweable energy plans for a post oil world.
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Itong mga typical na Pinoy (mostly from manila) na galit kay duterte dahil nilabag nya ang BATAS pantao ay mga utak ipis,bobo,tanga, edukado nga pero walang intellect.
BATAS? Kelan pa naging maunlad ang pilipinas ng dahil sa mga BATAS na yan?Human Rights kamo? Kelan pa naging maganda ang ugali ng Pinoy ng dahil sa mga Human Rights n yan? Hnd man lang ba pumasok sa isip nyo na ng dahil sa pinapairal na BATAS, Simbahan, at Awa ay naging resulta ng kahirapan at marami pang masasamang ugali ng mga pinoy??
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superlucky20 Reply:
July 7th, 2011 at 10:11 pm
BATAS? Tama ka pre! I-exempt na din natin ang mga Ampatuan! Di ba? Kagaguhan lang yang batas na yan! Wahahahaha!
Mag-isa ka, engot.
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hydermad Reply:
July 9th, 2011 at 3:04 pm
Ang bastos talaga ng ugali ng pinoy oh. ipagmalaki mo yang kagaguhan mo.
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superlucky20 Reply:
July 12th, 2011 at 5:40 am
Bastos? This coming from a person who said: “Itong mga typical na Pinoy (mostly from manila) na galit kay duterte dahil nilabag nya ang BATAS pantao ay mga UTAK IPIS,BOBO,TANGA, EDUKADO NGA PERO WALANG INTELLECT.” Wahahahaha!
Alam mo ang bastos? Manapak ng tao na ginagawa lang ang trabaho nya. Yun ang bastos.
Hay naku. Ang hina mo na, mababaw pa ang moral mo. Dilaan mo na nga lang sapatos ni Inday. Ang sarap ano? Parang nutella! Wahahahaha!
Notice how a lot of Duterte supporters say things like “Ok lang ginawa ni Mayor, basta maganda at safe ang Davao”. This is just an example of how a lot of Filipinos are very short sighted and easily manipulated by “gifts” to distract them from the bigger picture and in turn, f*ck up our country in the long run.
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Get a load of this:
In his April 10, 2009 column, which appeared in many international publications, Fr. Shay Cullen wrote: “The courageous chairperson of the commission, Leila De Lima, who led the public enquiry last week, said the majority of victims are very young, mostly youth, terribly poor, semi-illiterate street children. Few if any had been arrested, charged, and found guilty of any crime. Their living presence is the embarrassing evidence of gross social inequality and injustice.”
De Lima called the killings “selective vigilantism” noting that “no big-time criminals, like drug lords or rich drug pushers and drug users, appear among the victims of the so-called “Davao Death Squad.”
(http://globalnation.inquirer.net/mindfeeds/mindfeeds/view/20090415-199504/Davao-Death-Squad)
Duwag pala itong mga Duterte e. Ang pinapatulan lang pala mga BATA at mga MAHIHIRAP. At nananapak lang kung may bodyguard na kasama. Alang bayag.
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