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1.

TACTICAL BAPTISM

Army Major Benson Pain captured a notorious Maute-ISIS bomber named


Abu Sabug. Prior to Sabug’s capture, intelligence report says that the latter has
planted at least five (5) timed explosive devices around Metro Manila.

Sabug refused to disclose the location of the explosives. Major Pain, press in
time came up with an idea to extract information from Sabug. He plans to use
“waterboarding” or “tactical baptism”, the practice of pouring water over a cloth
covering the face to simulate the experience of drowning. Major Pain justifies that
he will only use a sanitized hanker chief and a 300ml distilled drinking water. He
goes further in saying that it will not pose danger to the life of Sabug and innocent
Filipino lives will be saved once his humane enhanced interrogation technique is
employed.

Q. Is Major Benson Pain correct and justified to use waterboarding against Abu
Sabug? Explain.

No, Major Benson Pain is not correct and justified.

The 1987 Philippine Constitution states that, “The Philippines renounces war
as an instrument of national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations (Article II, Sec. 2).

As emphasized above, the Philippines adopts international laws as part of the


law of the land which includes the United Declaration of Human Rights and
International Covenant on Civil and Political Rights. These international declarations
guarantee the right of any person not to be subjected in torture or to cruel, inhuman
or degrading treatment or punishment. This provision is also adopted in our domestic
law Republic Act No. 9851, or also known as Philippine Act on Crimes Against
International Humanitarian Law, Genocide, and Other Crimes Against Humanity. The
constitutional guarantee of due process of law is also embodied in our Bill of Rights.

The law does not distinguish between individuals and their rights must be
equally protected. This applies even to the most notorious terrorist. Even if tactical
baptism does not physically impose danger to the life of Sabug, it is still considered
as “torture” (mental or psychological), as defined under R.A. No. 9851.

Hence, Major Benson Pain is not justified in employing tactical baptism to


extract information from the captive.
2. BUST OF THE CENTURY

Cardo Dalisay now a Police Colonel received a tip from his most reliable
informant Gerard Anderson. The two has been cooperating for the past 15 years
busting organized crime groups left and right. Anderson tells Dalisay that the
infamous Skull Criminal Group led by its founder Dante “Bungo” Macarandang has
consolidated their drugs, weapons and other contrabands in a single warehouse
located at #1553-B Pureza St., City of Manila. The former goes on in telling Dalisay
that the warehouse will be abandoned after 5 days. Realizing that Macarandang’s
criminal network will be greatly diminished once their stockpile is seized, Colonel
Cardo Dalisay wasted no time and decided to raid the said warehouse even without
a search warrant.

In the said raid, the following were confiscated:

1. 400pcs of M4 rifles 7. 1,200 kilos of Blue


2. 600pcs of 1911 pistols Methamphetamine
3. 45,000 rounds of caliber 5.56 8. 1,000 liters of blue liquid ecstasy
4. 65,000 rounds of caliber .45 9. 2,000 pcs of hard disk containing
5. 7,000 pcs of dynamite sticks 7,000 Terrabyte of Porn; and
6. 2,500 pcs of M26 grenades 10. 1 pc weaponized Cute Panda
Bear stuff toy (bladed paws)

During the raid, Bungo was not present, instead, a lone warehouseman
named Anthony Sanchez was arrested. Sanchez claims that his Human and
Constitutional Rights have been violated.

Q. Are the above-confiscated articles during the raid admissible in evidence against
Antonio Sanchez? Explain.

No. The confiscated articles are inadmissible in evidence.

The raid conducted by Cardo Dalisay without any search warrant is a clear
violation of the constitutional guarantee of security of persons and their property as
provided under Article III of the 1987 Philippine Constitution:

Section 2.The right of the people to be secure in their persons, houses,


papers, and effects against unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the persons
or things to be seized. xxx

Section 3. (2) Any evidence obtained in violation of this or the preceding


section shall be inadmissible for any purpose in any proceeding. xxx

The constitution is clear in its provisions; hence, the confiscated articles are
inadmissible in evidence against Antonio Sanchez because they are “fruits of a
poisonous tree”.
3. WHO IS A TERRORIST?

“Norte Muna” a newly formed criminal group in the Northern Philippines,


composed of former student leaders from state universities performed multiple mall,
school and church bombings across the country. The said bombings resulted in 80
deaths and 200 serious injuries. The nation was shocked by the brutal and
coordinated attacks by the new criminal group.

Said bombings sowed and created a condition of widespread and


extraordinary fear and panic among the population. Commerce, service and
recreation stalled, no one wants to go out of their homes due to their fear and terror
of another bombing. After a week from the time of the bombings, no demands or
motive were given by Norte Muna to the Philippine Government.

Q. Is Norte Muna and its members considered a terrorist under Philippine laws?
Explain.

No. Norte Muna is not a terrorist group.

Under Republic Act No. 9372 or the Human Security Act of 2007, Terrorism
must have the following elements:

(1) any person who commits an act punishable under Articles 122, 134, 134-
a, 248, 267, and 324 of the Revised Penal Code (RPC); or those under P.D. No.
1613, R.A. No. 6969, R.A. No. 5207, R.A. No. 6235, P.D. No. 532, and P.D. No.
1866, as amended.

(2) said acts sow and create a condition of widespread and extraordinary fear
and panic among the populace; and

(3) said acts were committed to coerce the government to give in to an


unlawful demand.

This case lacks the third element. Although the bombings killed and injured
several people, it is not considered as an act of terrorism under Philippine laws.
Such crimes may be considered as Murder (or frustrated murder) under Article 248
of the RPC, Serious Physical Injuries under Article 263 of the RPC, or Genocide
under Section 5 of R.A. No. 9851.
4. HOLLOW POINTS

Ballistic experts say that hollow point bullets or bullets which expand or flatten
easily in the human body upon impact have more stopping power compared to the
regular ball ammunition.

Q. In case of an international or another non-international armed conflict such as the


Marawi Siege, would you suggest the use of hollow point bullets by government
forces? Explain.

No. I would not suggest the use of hollow point bullets.

The use of a hollow point bullet is considered as a war crime and punishable
under R.A. No. 9851:

Section 4. War Crimes. For the purpose of this Act, "war crimes" or "crimes against
International Human Humanitarian Law" means:
xxx

(25) Employing means of warfare which are prohibited under international law,
such as:
(iii) Bullets which expand or flatten easily in the human body, such as
bullets with hard envelopes which do not entirely cover the core or are pierced
with incisions; and

(iv) Weapons, projectiles and material and methods of warfare which


are of the nature to cause superfluous injury or unnecessary suffering or
which are inherently indiscriminate in violation of the international law of
armed conflict.

In addition to the above prohibition, the use of hollow point bullets is also
violative of the Principle of Military Necessity which permits the employment of any
amount of force to compel the complete submission of the enemy with the least
possible loss of lives, time, and money. This is also relatable to the Principle of
Humanity which prohibits the use of any measure that is not absolutely necessary for
the purposes of war, such as the poisoning of wells, use of dumdum bullets, etc.

The ultimate goal of the military in an armed conflict, such as the Marawi
Siege, is to pacify the enemy and bring back peace in the area. Although armed
conflicts may necessarily involve killings and destruction, the humanitarian laws and
declarations mandate that these should be kept in the minimum. We must only do
what is necessary and proportional; otherwise, we are no different from these
belligerents who discriminately kill people including civilians.

Belligerents, insurgents, terrorists, or extremist groups are still human beings


and they are also victims of war or armed conflicts. Hence, they should still be
accorded with humane treatment in accordance with the international and domestic
laws and the constitution.

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