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Argument:

Extrajudicial killing violates the right to due process which is provided by no less than the
Philippine Constitution.

No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws. Article III, Section 1. 1987
Philippine Constitution. (Emphasis supplied)

Counterclaim:

Extrajudicial killing does not violate the right to due process since the arresting officer only acts
in the fulfilment of a duty or in the lawful exercise of a right or office.

Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
office. Article 11, Paragraph 5 of the Revised Penal Code.

Refutation:

The fact that the person to be arrested resists is not enough to justify the act of killing him, the
arresting officer shall only use such reasonable means to make the arrest.

No violence or unnecessary force shall be used in making an arrest. The person arrested
shall not be subject to a greater restraint than is necessary for his detention. Rule 113, Section
2, Paragraph 2. Rules of Court.

Argument:

Extrajudicial killing like the use of illegal drugs, is a punishable act under the laws existing in the
Philippines.

Murder. Any person who, not falling within the provisions of Article 246 shall kill
another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum
period to death, xxx Article 248. Revised Penal Code. (Several phrases intentionally omitted)

Counterclaim:

Not all kinds of killing is punishable under the Revised Penal Code, there are several instances
in which the killing is justified.

Justifying circumstances. The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the following circumstances
concur;

First. Unlawful aggression.

Second. Reasonable necessity of the means employed to prevent or repel it.

Third. Lack of sufficient provocation on the part of the person defending himself. Xxxx Requisites
of Self-defense under Article 11, Paragraph 1 of the Revised Penal Code
Refutation:

Resorting to extrajudicial killing is not the best way to achieve the goal of eradicating the
problem in illegal drugs. When did fighting fire with fire ever actually work in the long run? There has
to be a better middle ground.

Argument:

There is no assurance that by resorting to extrajudicial killing the illegal drug users will not
anymore commit the act of illegal use of drugs.

Counterclaim:

Extrajudicial killing is sufficient to deter crimes since it provides sufficient fear for those who
violates the law, making the Philippines a safer place for the law abiding citizens.

After all, for too long those who break the law would go by unpunished and as a result more and
more criminals are emboldened to do as they please because they dont fear the repercussions.

Refutation:

There are better ways in resolving illegal drug problems such as, but not limited to, more police
visibility, stricter punishment and better enforcement of the existing laws against illegal drugs.

There has to be a way to make the Philippines a better country while letting due process and
the rule of law prevail. Fiat iustitia ruat clum, which translates into Let justice be done though the
heavens fall. Fair justice should always prevail, especially when lives are at stake.

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