Integrated Bar Quezon City Chapter Official Paper on Bar Matter No. 2012 (MLAS)

15 June 2009 The Board of Governors Integrated Bar of the Philippines Doña Julia Vargas Avenue Ortigas Center, Pasig City Re: Bar Matter No. 2012 – Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers GENTLEMEN: As earlier mentioned in our letter dated 30 April 2009, we, the Board of Officers of the Integrated Bar of the Philippines-Quezon City Chapter, have conducted a survey among 100 of our members and/or fellow practitioners to obtain their insights on Bar Matter No. 2012 (hereinafter, “BM No. 2012”), the results of which may be summarized thus: 89 are aware of BM No. 2012 and 9 are not. The remaining 2 did not affirm or deny knowledge of BM No. 2012; 78 have rendered free legal assistance to friends, family and indigent clients, while 20 have not. The remaining 2 did not state whether or not they did so; 68 are aware that BM No. 2012 will be implemented on 1 July 2009, while 29 are not. The remaining 3 did not affirm nor deny knowledge of the date of implementation of BM No. 2012; 44 want BM No. 2012 to be implemented, while 48 do not. The remaining 14 did not categorically state whether they want BM No. 2012 to be implemented or not. It is relevant to note that of the 44 persons who wanted BM No. 2012 to be implemented, only 10 agreed to it in toto. The remaining 34, on the other hand, though supportive of the measure in principle, expressed varied reservations as regards its implementation, including among others that: a. it is discriminatory, as it singles our private practitioners who are engaged in litigation; b. it will clog court dockets; c. the 60 hours is excessive and confiscatory as it detracts from time well spent on paying clients and deprives the lawyer of much needed income as well as time for rest and relaxation with his/her family; d. its is impractical considering the limited universe of possible clients vis-à-vis the number of practitioners engaged in litigation; e. it imposes the additional burden of securing certifications every month, considering the number of cases the practitioner will have to handle in addition to his/her current caseload; f. it is superfluous as the same services are performed by the Public Attorney’s Office, various non-government offices, IBP, etc.; and g. the rules are vague and must be clarified. In light of the foregoing, the following recommendations were noted: a. BM No. 2012 should be made voluntary; otherwise all lawyers, regardless of specialization should be required to comply with said measure; b. Senior Citizens, government employees, single parents, parents of children with special needs and those suffering from any physical disability and/or require medical supervision should be exempt from the coverage of BM No. 2012; b. Time spent rendering free legal advise to indigents and preparation for trial should be considered, and the time allocated for drafting pleadings and motions, adjusted; c. Monetary contributions may be required from practitioners in lieu of the 60 hour requirement; d. Compliance with BM No. 2012 should be accorded MCLE credits; e. Law schools should institutionalize the rendition of free legal aid or that the same be imposed on new lawyers prior to their signing of the roll of attorneys; f. Fridays may be designated as free legal aid day where members of the Chapter may rotate in rendering free legal aid; g. Lawyers should be assigned to handle one free legal aid case per year, instead of requiring them to render 60 hours of free legal aid; h. Penalties should be removed; and i. The implementation of BM No. 2012 be suspended. In this regard, we transmit herewith, copies of the duly accomplished survey forms, as well as a more detailed summary of the comments and tabulation of the survey which we conducted, for your ready reference and files.

Does the COMELEC Gun Ban prevent election related violence or create more victims?

Every election comelec issues the same gun ban resolution. And every election we have a blood bath of about 300-400 people killed in election related violence. The record was in 2001 during the Chiarimanship of Alfredo Benipayo wherein about 450 people were killed in election violence during the election period. The PNP and the comelec always say that the comelec gun ban prevents violence. But the statistics show otherwise. In the same period without the gun ban, far less people die and are victims of crime. However during the election gun ban, killings and crime skyrocket. Does the coemelc gun ban really prevent crime and election related violence? The answer is clearly NO. Meron bang mga warlord at politico na sumusunod sa election gun ban? Obviously not. Just look at the Ampatuans and all their guns, machine guns, and mortars. The Ampatuans are not the only political warlords in the country. There are dozens of other "political families" who ahve substantial gun arsenals in Negros, Cagayan, Nueva Ecija, Cavite, Abra, Coordillera, Ilocos, Basilan, Jolo, and Lanao. Mga kagalangalang na Comelec Commissioner, nadisarmahan nyo na ba yung mga political warlord na yan? O puro SUPOT kayo dyan at di ninyo masita-sita yung mga politico? A total gun ban makes sense, provided that it is indeed TOTAL and that everyone else is disarmed. However to implement a gun ban wherein only law abiding citizens and candidates obey, whereas others such as criminals and warlords do not, serves merely to render the general population defenseless and creates more victims and perpetuates more killings. How many more Maguindanao massacres do we have to allow happen to learn the plain and simple lesson that our government and police are so ignorant of: CRIMINALS AND WARLORDS DO NOT RESPECT THE GUN BAN AND WILL CONTINUE TO KILL MORE POOR INNOCENT VICTIMS. I say "poor" victims in its literal sense since it is really only the POOR and ORDINARY CITIZENS who suffer, whereas the rich, powerful and politically-connected politicians and warlords who perpetuate the violence and get away with it. In spite of all the election-related killings you can count on the fingers of one hand how many politicians and warlords were actually caught and prosecuted. The police are either powerless to prevent the violence or simply look the other way. Kaya kayong mga SUPOT na comelec at election field officers, subukan nyo nga pumunta dun sa mga "hotspots" sa basilan, Jolo, Nueva Ecija at Maguindanao na wala kayong dalang armas. Tignan natin kung uubra yung comelec gun ban ninyo!

PROGUN Statement on the Cheryl Cosim Incident

We, the officers and members of the Peaceful Responsible Owners of Guns (PROGUN) denounce the reckless and irresponsible act purportedly by a certain Richard Ordonez against one of your own journalists Ms. Cheryl Cosim. We applaud Ms. Cosim for her courage in coming out and filing the appropriate complaint against the individual whom she claimed poked a firearm against her and her companions in a traffic altercation. She is well within her right to file such complaint and we look forward to the progress of her complaint against the alleged perpetrator. We volunteer our assistance if she needs it.While we are not condoning the actions of the alleged perpetrator against Ms. Cosim, we are appealing to the authorities, particularly the Philippine National Police, to be prudent and cautious in dealing with this case because it will send the wrong signal to all the law abiding gun owners in this country that the PNP is fast to accost and arrest an individual without due process. Under the law, a firearm license can only be revoked when it was used in a crime and such fact can only be established after a case is filed and tried before a court of law. Any prior revocation of a license would be premature and will result to a deprivation of due process. Specially so, we are in a period of an extended gun amnesty program where all expired licenses can be renewed -within the amnesty period. Otherwise, it will be contrary to the spirit of the Executive Order No. 817 by our President. Furthermore, filing of a criminal complaint is not the same as filing of an information before a court of law which is in fact the contemplation of the implementing rules of PD 1866 as amended by RA 8294. Filing of a complaint will commence a preliminary investigation by the Prosecutor's Office while filing of an information means that there is already probable cause that a crime has been committed and the accused is probably guilty thereof. At this point, a firearms license can be suspended by the authorities, if he is found guilty later, then the PNP can revoke his firearms license. While all of us would like to crucify Mr. Ordonez for his unlawful deed, he too has rights, that both the Law and the Constitution guarantee.In almost all the news programs of ABS-CBN, legitimate gun owners and PROGUN have been lambasted, unduly criticized, and portrayed as irresponsible troublemakers . It is true that we advocate the carrying of firearms outside of residence since such is necessary for our self-protection and because it is what the law provides. If Mr. Nandy Pacheco of the Gunless Society does not want us to carry our firearms out of our residence, he should both work with Congress to repeal P.D. 1866. Hanggat may katuwiran kami at mayroong Batas na nagbibigay pahintulot sa amin na magdala ng baril sa labas ng aming bahay ay ipaglalaban namin ito. Tinutuligsa ni Gng. Karen Davila ang pagdadala ng baril at ang pagaari ng baril ng sobra sa isang pistola at isang riple o shotgun ng mga gunowners na mahilig sa baril. Sa aming pananaw ay hanggat hindi nakaka-abala o nakaka apekto sa ibang tao ay walang karapatan ang sinuman na tuligsain ang pag-aari ng maraming baril lalung lalo na kung ito ay may pahintulot ng mga may-kapangyarihan. As long as multiple gun ownership do not affect the peace and order of this country and the welfare of the citizenry, no one can question our intention to own the number of firearms that we have specially so that we are authorized by the PNP and pay fees that add funds to its coffers.We earnestly request Ms. Davila to read the law before she makes her opinion on air.As we believe in Peaceful and Responsible Gun Ownership, we are ready to support the cause of Ms. Cosim because we are fully aware of the fact that to continue enjoying the privilege of carrying firearms in and out of our residences, we should follow the law both to the letter and to the spirit that made it.

ATTY. JAYJAY D. MENDOZA (President)

ATTY. TICKY TABUJARA (Director)

Typhoon Ondoy Aftermath: The Case for Armed Citizens

In the last few days since the aftermath of the floods brought about by Typhoon Ondong, nearly ONE MILLION PEOPLE have been displaced. Chaos has reigned. As usual, there are no government, police or barangay personnel around to maintain law and order in the immediate vicinity of the affected areas. Along with the massive destruction and misery upon our people, now come the looters and thieves who would who see the absence of law and order as an opportunity to pillage the victims' properties. What irks me is that we have all seen this before; this is nothing new. We have never learned our lesson. During the Katrina disaster, wherein the entire city was forced to evacuate, there was also a breakdown of law and order which the local government was powerless to stop (as a result of Mayor Ray Nagin's house to house disarming of the population). In '92 we witnessed the Rodney King Riots in LA, wherein armed Korean shop owners in Central LA successfully protected their businesses from looting through neighborhood watch shifts. In the 80's the hurricanes in Fort Lauderdale, Florida likewise had the same social breakdown, rioting, and looting, with homeowners' families forced to wield rifles and shotguns to protect their homes. There are clear lessons to be learned here. The common denominator of people who survived and lived through these disasters is that the survivors were ARMED AND WILLING TO PROTECT THEIR HOMES AND BUSINESSES. Period.We cannot seem to learn the lesson, which seeps in everytime there is a disaster, that GOVERNMENT AND THE POLICE CANNOT PROTECT YOU ALWAYS, especially in a fastbreaking crisis such as this. More often than not, in such a crisis, the law enforcers are nowhere to be found, just like now. It is up to YOU to make it happen and protect yourself, your family, and your property. Having a gun in the house, no matter how abhorrent to some people, can certainly come in handy now - and more importantly may save lives and property.People in Provident Village and San Mateo take note: Walang po-protekta sa inyo kundi kayo din. Kayo na magbantay sa sarili ninyo wag na kayong umasa pa sa pulis at dadating nalang yung mga yan pag TAPOS na yung problema.

Comments to Proposed House Bill No. 6658 Re: Amendments to P.D. 1866

COMMENTS TO PROPOSED BILL FOR AMMENDMENT OF PD 1866 AS AMENDED BY RA 8294. By Atty. Ernesto A. Tabujara III PROGUN director Chairman and Founder, United Airsoft Alliance (UAA) DEFINITIONS Firearm – “Any hand held or portable weapon that from which any shot, bullet, or missile, or other deadly projectile may be discharged by means of explosion or percussion or any instrument or implement which can be readily convertible or has been converted to be capable of doing the same.” Note: This definition does not apply to items such as toy guns, cap guns, bb guns, pellet guns, and Class C common fireworks. According to Section 921, U.S. Code, the following are included within the definition - any weapon which will or is designed to or may readily be converted to expel a projectile by the action of any explosive; - the frame or receiver of any weapon described above; - any firearm muffler or firearm silencer; - any destructive device, which includes: 1. any weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, 2. any combination or parts either designed or intended for use in converting any device into any destructive device described in the two immediately preceding examples, and from which a destructive device may be readily assembled Light Weapons - There is no internationally agreed definition of small arms and light weapons. Small arms and light weapons are man-portable weapons made or modified to military specifications for use as lethal instruments of war. Small arms are broadly categorized as those weapons intended for use by individual members of armed or security forces. They include revolvers and self-loading pistols; rifles and carbines; sub-machine guns; assault rifles; and light machine guns. Light weapons are broadly categorized as those weapons intended for use by several members of armed or security forces serving as a crew. They include heavy machine guns; hand-held under-barrel and mounted grenade launchers; portable anti-aircraft guns; portable anti-tank guns; recoilless rifles; portable launchers of anti-tank missile and rocket systems; portable launchers of anti-aircraft missile systems; and mortars of calibers less than 100 mm. Comments : The traditional and universally accepted definition of firearms are those weapons that expel or projectiles or missiles through explosion or percussion. This is the UNIVERSAL DEFINITION from the laws of each and every country. The issue of airguns and airsoft guns, replicas and toy guns (“airguns”) should be separated from that of Firearms, since these are two different objects. The intention of the firearms law (PD 1866, as amended) deals with firearms or those weapons which are classified as deadly weapons or those which can kill or cause serious injury r grave bodily harm. Airguns are not traditionally regarded as firearms since precisely they expel their projectiles, albeit harmlessly, using spring or air at velocities which are harmless to humans. Airguns are already regulated under Section 8 of PD 1866, as amended, in relation with EO No. 712, from which the Rules and Regulations for the Manufacture, Sale, Possession or airguns dated 29 February 1992 In turn the foregoing Rule, EO 712, in relation with Section 8 of PD 1866, was likewise the basis for the PNP Order No. 12 regulating airsoft guns, dated December 7, 2007. There is thus already LEGAL BASIS under the law for the regulation of airguns, and there is no need to further amend PD 1866 to implement an already existing state of law. Ammunition - Projectiles, such as bullets and shot, together with their fuses and primers, that can be fired or otherwise propelled or discharged from firearms, including Nuclear, biological, radiological, chemical, or explosive material, such as rockets or grenades, that are used as weapons. Comments: 1. The term “ammunition” should exclude those items which are defined by PD 1866 as “explosives” since they are already mentioned and treated as a separate item and which already have corresponding penalties for manufacture, possession, and use thereof. (See Sec. 3, PD 1866, as amended) Penalties Comments: 1. The penalties excessive and too harsh and not commensurate to the crime sought to be punished. Note that illegal possession of firearms is malum prohibitum; intent is not an element. Hence, the possibility of abuse and planting evidence by the police and military is very much a problem. This is a reality that we have to admit and face head on. 2. Increasing the penalties disproportionately will actually encourage rather than deter the commission of crimes. If the penalty is increased to such extent that it becomes unattractive for criminals to surrender or voluntarily desist for the commission of the crime, when confronted by the police during arrest. The criminals, when faced with a disproportionate penalty, would rather resist or shoot it out rather than surrender. 3. Increasing the penalty will not deter the commission of the crime. This is the Universally and well-accepted principle among jurists, criminologists, and psychologists worldwide, who have studied the effect of penalties as a possible deterrent to crime. We have seen how the death penalty has failed to prevent crimes, consequently it was abolished by congress. In fact the worldwide trend in criminal law among all nations is to lower penalties and instead concentrate on societal or sociological means with which to prevent crime. Crime prevention begins with good and effective law enforcement. Regardless of the magnitude of the penalties or the number of laws we have, crime will always be prevalent, if we cannot effectively arrest criminals, try, prosecute, and convict them under our criminal justice system. Constructive Possession Principle Comments: 1. The principle of constructive possession may be potentially unconstitutional. Illegal possession of firearms under PD 1866 is defined as a malum prohibitum crime. Since it is a special law, intent to commit the crime is not an element, as distinguished from those crimes which are defined under the Revised Penal Code. The essential element of the crime is unlawful possession. Possession, whether constructive or actual is personal. Any other person who does not possess the firearm, even if present, is not liable. The principle of constructive possession applies only to situations like vehicles, for example, wherein the offender is within reach of the firearm or the firearm is within his immediate control. Under the proposed bill constructive possession is expanded to include persons who do not actually possess the firearm but are merely present during the commission thereof. This violates the rule on due process and presumption of innocence under the Constitution. Unlawful manufacture, dealing, acquisition, disposition or possession of machinery, tool, or instruments, used for the manufacturer or firearms light weapons, parts, and ammunition. Comments: 1. The proposed bill fails to take into consideration that many of the machinery, tools, or instruments used in the manufacture of firearms are likewise used for the lawful manufacture of other instruments, such as lathes, drills, and similar implements. It is suggested therefore that a proviso be added to the definition of the crime by adding the following, to make it clear that such instruments or machineries are truly being used for illegal firearms manufacturing: “Possession of any machinery, tool, or instrument used in the manufacture of firearms, light weapons, parts, accessories and ammunition, by any person whose business or employment does not lawfully deal with the manufacture of firearms or ammunition, provided that there are firearms assemblies, parts, ammunition or components, which are likewise present with such machinery, tool, or instruments.” Without Permit to Carry Comment: The prescribed penalty for carrying a licensed firearm outside of residence without permit to carry is excessive and unduly harsh. Legitimate gun owners with licensed firearms should not be penalized in such harsh manner precisely since they have taken the time to follow the rules on licensing and registration. Penalty should be maintained as it is in the present law which is Arresto Mayor. Expanded Definition of Firearms with expired licenses. Firearms with expired licenses should not be equated with “loose firearms”, which have no license or legitimate origin whatsoever. Rather, the penalty for expired licenses to include those which have not been renewed for a period of six months from the date of expiration thereof, should be LOWER than the penalty for loose firearms, for example Arresto mayor. This is to distinguish legitimate gun owners from criminals who own spurious and unlicensed firearms. Expired licensed firearms are held by lawful gun owners who went through the process of licensing and registration. They should not be penalized for their compliance with the law in registering and licensing their firearms, even if these licenses have expired. Illegal Transfer of Firearms Comment: The draft section does not appear to reflect the true intention of the drafters of provision. It should be revised to read as follows: “Any person who knowingly sells and transfers possession of a licensed firearm to another, without first having obtained the prior approval of the proper authorities for the sale or transfer, shall have his firearms license cancelled and shall be suspended from acquiring any further firearms license for a period of two years.” Non-Applicability of the Probation Law. Comment: This is a redundant and unnecessary provision. The Probation law is clear that it applies only to crimes wherein the penalty prescribed does not exceed six years imprisonment. Hence, if the penalty for any of the crimes specified in the draft bill exceeds six years imprisonment, then automatically, the convict or accused is not entitled to avail of the benefits of the Probation Law.

Rough Times Ahead for Gun Owners and Airsoft in the Philippines

At the Congressional Hearing yesterday before the Committee on Public Order and Safety, we were invited along with all other stakeholders in the firearms industry and business to comment on House Bill No. 6658 introduced by Reps. Pedro P. Romualdo (lone district Camiguin) and Antonio V. Cuenco (Cebu). On our part, we prepared a lengthy position paper commenting on the flawed provisions of HB No. 6658 and were prepared for an oral discussion and questioning. Much to our dismay, none of the invited public or resource persons were allowed to speak or participate, as is the usual procedure in committee hearings before the House. Instead Congressman Chairman Rodolfo W. Antonino (Nueva Ecija) simply allowed a few short (irrelevant) comments from some committee members (who knew nothing about the bill) totalling about 20 minutes, then they moved to, and voted for, approval of the bill over our protestations. Later that evening, I texted another congressman from that committee as to why it happened that way, he said, "That's a Malacanang-backed bill. The Office of the President made direct contact with the congressmen (not him) to approve that bill". Grrr..!So now Malacanang, thru its dwarf President who is guilty of ordering and/or approving the extrajudicial killings and abductions of hundreds activists and journalists, is now hypocritically enacting measures that would effectively disarm the general population and deprive us of our right to defend ourselves.Consider the following provisions of HB 6658:1. Airsoft guns and all gas, spring operated pistols and rifles are now classified as TRUE FIREARMS, requiring licensing and Permit to carry just like regular firearms!2. If you are in a group and one of you is caught with a firearm or part thereof (with or without your knowledge) ALL OF YOU will be presumed to be in illegal possession of firearms, and shall be accordingly all charged. 3. Penalties have been hugely INCREASED to Life Imprisonment for illegal possession and/or manufacture of firearms or light weapons, or 6-18 years for ammunition. "Ammunition" is defined, among others, to include BLANK AMMUNITION, and NOXIOUS LIQUID AND GAS??!!4. "Light weapons" are now defined and prohibited, which includes any weapon capable of holding a DRUM magazine, which would include practically all semi-auto rifles, including rimfire 22's.5. The crime of illegal possession of firearms shall now be considered as a SEPARATE AND DISTINCT penalty if any other crime is commmitted in the same act. So you could be charged TWICE for the same act and be slapped with TWO PENALTIES.This bill is now being fast-tracked thru the congress for approval by GMA before Congress ends and her term expires next year. Of course, we in PROGUN and UAA are doing our best to make sure that we block this Bill in the House and the Senate. We, however, cannot do it alone without the support of YOU the thousands of legitimate and responsible gun owners and airsofters who value our freedom and civil rights. We are thus appealing for your help in this noble endeavor of preserving our shooting sports.

Remembering EDSA I

The death of Corazon Aquino has brought back a lot of fond memories of EDSA I PEOPLE POWER. At that time, I had just turned 21 and i was graduating from B.A. Political Science from U.P. Times were the same then, as they are now. Corruption was rampant. President Marcos and his close associates ("Cronies") controlled everything: Ministry of Justice, Military, Sandiganbayan, all the courts, Comelec, and government offices, the metrocom (now pnp-ncrpo). We would go to rallies in our yellow "ninoy Aquino Laban" t-shirts, while being mocked and jeered at the sidelines by KBL (Marcos) loyalists: "Sinasayang nyo lang oras nyo!". At that time the dictator was so powerful that it seemed that we were just indeed wasting our time. Elections were a joke (I was a NAMFREL volunteer). After the snap elections, Cory Aquino called for the boycott of companies and banks perceived to be run by marcos cronies: San Miguel products, Philippine National Bank, UCPB, and we were requested not to pay our taxes and/or patronize government offices. That is how low our country was at that time. My friend Mortimer and I, drove around at night painting on walls, "MARCOS SUPOT" or "RESIGN". One night a car stopped behind us and my friend came running back, slipped, and fell face first into a dirty, black, street canal. The car turned out to be a regular car just trying to avoid our vehicle. My father, a career professor and Chancellor of U.P. Diliman was apolitical and preferred Marcos than a civil war. On the second day of EDSA I when premature news that Marcos had fled, he turned balimbing and joined my mother and I at the gate of camp crame for some photo ops. Yes, EDSA brought out the best even in the most apathetic fence sitters in our society. The phrase "i don't want to get involved" was no longer an option. When Marcos fled on the night of the 25th of February, My mother and i drove out and parked our old white box type lancer at a sidestreet near mendiola near malacanang and we joined the initial mob which broke into malacanang. It was a scene from hell wherein people could be seen running around the upper floors of the palace, sounds of glass shattering, shots being fired, and people (mostly squatters) running away with anything they could lay their hands on, a screaming and chanting mob in the stage in malacanang where marcos had made his last appearance. Armored personnel carriers, weapons, uniforms, and ammo, were abandoned and littered the malacanang palace grounds (i regret not having stolen one) . In the middle of this anarchy and chaos a foreign reporter even had the time to interview me as to my feelings about this whole thing! My mother was of course terrrified, but i was enjoying every minute of it. On TV (the newly captured "people's television" channel 4), Announcers Bong Lapira and June Keithly openly wept when the news that marcos had fled erupted. It was very emotional for those who lived under the yoke of the dictatorship. I wasn't really expecting this generation to give a damn about all this. But it gave me a surprise that this generation is not taking their rights or government for granted. That's a good sign. Because once you have tasted freedom, it is very difficult to give up. I join all Filipinos in giving their heartfelt Thanks and Honor to Corazon Aquino. It still is a great time to be Filipino. New heroes will rise again in our generation to fight for our country and everything that is good and just.