Category: 2013 elections

Gun ban should go with crime prevention

Ellen Leave a comment

By Ace Esmeralda, VERA Files

A .45 caliber pistol like this one was used in the accidental shooting of Stephanie Nicole and in the rampage of Ronal Bae. Photo by SecurityMatters

The election period in the Philippines began Sunday and signalled the start of a nationwide total gun ban expected to minimize election-related offenses, particularly gun-related violence among political groups and clans.

For many, the gun ban brings some relief, especially since the country enters this period with heightened fear of gun-related violence.

The accidental death of 7-year-old Stephanie Nichole Ella in Caloocan City from a stray bullet fired on New Year’s Eve, to the killing of 10 people by an alleged mentally deranged and drug-crazed frustrated village politician in Kawit, Cavite a few days later have prompted calls for a total gun ban, gunless society, taking into the arena issues against gun ownership, regulation and control. Some quarters even associate gun crimes with President Benigno Aquino III’s passion for guns.


Yes, it’s quick and convenient to focus on gun control than to go over many other equally alarming social issues that might lead to the same bloody aftermath. Drugs, gangs, mental health issues and violence can always lead to a killing spree anytime. There are other crimes that contributed to the crime volume. But since our police data are rarely available and reliable, we just have to trust the statement of no less than President Aquino that the total crime volume went down in 2012.

If, indeed, the trend observed by the Philippine National Police is true, gun-related crimes shall likely drop sometime soon. In 2010, when gun ban was strictly imposed, the crime rate incidence fell by nearly 70 percent during the first half of the year compared to the same period in 2009. There are no verified official data that point to politicians as prone to use their protective weapons during election period. However, several politicians died from assassins’ bullets in 2012.

The 2013 Election Gun Ban, in particular, is anticipated to perform better in statistics being coupled with PNP’s police intervention operations. There’s the Oplan Katok program undertaken to recover firearms with unrenewed licenses. After all, police data revealed that 1.2 million of loose firearms accounted for 97.7 percent of gun-related offenses in 2009. Read again, almost all gun-related cases are perpetrated by loose firearms.

Now, does the success of the election gun ban, at least according to PNP data, merit the enforcement of a year-round total gun ban?

Lawless elements will not respect gun bans since they don’t use traceable licensed firearms. Photo by tomskydive

Lawless elements will not respect gun bans since they don’t use traceable licensed firearms.

The election gun ban practically prevents licensed and responsible gun owners from carrying their defensive weapons during the critical months of the election period. Is it the best way to say thanks to them when most of the time they’re not the ones involved in gun-related offenses?

Most likely, the politicians have been given exemptions already.

It is doubtful if an election gun ban type could have prevented the New Year’s Eve firing of guns or the rampage in Cavite. Revellers can still fire their weapons from their private areas and drug-crazed people will forget or disregard a gun ban.

Perhaps the actual implication of a successful Election Gun Ban is not necessarily the call for a total gun ban, but the call for active policing against gun-related offenses.

There’s no need to wait for the election period to actively enforce gun control laws. Most likely, police intervention operations may be integrated in regular policing functions. Or simply doing their job like in Oplan Katok.

Gun control laws are clear: “Illegal manufacture, sale, acquisition, disposition, or possession of firearms, ammunition, or instruments used or intended to be used in manufacture of firearms or ammunition” is deemed punishable by law.

However, the industry of illegal firearm distribution still thrives in the country. This includes the illegal trade of firearms and ammunitions either manufactured locally (in Danao City being the gun capital of the Philippines) or smuggled into the country to supply weapons to insurgents and private armed groups.

It also includes the illegal trade of firearms and ammunitions initiated by corrupt government officials from the police and the military hence the bulk of weapons found in the possession of the Ampatuans in Maguindanao and those in the hands of private armed groups.

Gun ownership laws clearly stipulate in black and white that possession of firearms and ammunition is not just a matter of paying fees at licensing offices. Filipino citizens of at least 21 years of age can obtain a license, provided they are of good moral character. And this is one of the law’s grey areas.

Apparently, Ronald Bae, the shooter who killed 10 people in Kawit, Cavite, passed the good moral character requirement and secured three firearms under his name. Bae, the son of a police officer, had an AK-47 automatic rifle, Elisco M-16 rifle and Sig Sauer.45 cal. semiautomatic pistol although during his shooting rampage he preferred to use an unregistered 1911 .45 cal. pistol.

There’s a high probability that mentally and psychologically unstable persons are prone to violent acts whatever sort of weapon happens to be at hand. Renowned Milwaukee psychiatrist Dr. H. Steven Moffic revealed, “Adding guns and knowing how to use them, to someone with apparent mental problems, surely increases the odds of something bad happening.” No wonder, they may end up causing death or injury to oneself or another.

It’s understood that sensationalism of gun control laws, a gun ban in particular, will ensue in the wake of several incidents of gun-related violence, but is the issue worth the heightened clamor?

According to the United Office on Drugs and Crime (UNODC) and Small Arms Survey published by Guardian News UK on “Gun Murders and Ownership” world list, there were 7,349 cases or 8.93 incidents per 100,000 population of homicide by firearm in the Philippines which accounted for 49.9 percent of murder fatalities. The Federal Bureau of Investigation revealed that there are more homicide cases caused by hammers, knives, fists and clubs than with the use of firearms in the United States.

In a country confronted by diverse criminalities, the government cannot afford to take chances on winning one battle and losing the rest especially when the use of guns is only an offshoot of more serious matters such as illegal drug trade, gambling, robbery, kidnapping, trafficking, extortion, insurgency, and rebellion. Criminals can always resort to other weapons.

Penal laws, as a matter of fact, virtually neglect the choice of weapon in committing crimes even though use of illegal firearms is taken as an aggravating circumstance. What’s for sure is that criminals aren’t likely to face additional charges for illegal possession of firearms and ammunition. Consequently, it undermines the social policy on gun control.

Sooner or later the debate on gun laws will be overshadowed by another issue, but the sad reality remains that the demand for gun ownership will persist as long as social insecurity continuously haunts citizens. Unfortunately, social insecurity is embedded in countries dwelling with widening gap between the upper and lower classes of the society. When the country, despite its best efforts, fails to restore parity, people will likely be armed for a fighting chance to go up the ladder.

The perception that guns are increasing our country’s crime statistics is a manifestation of what we as a public know about guns and crimes. Gun control starts with enforcing what are in our existing laws and amending the regulatory weaknesses that nurture illegal distribution of firearms. The government and the public should focus more on crime prevention when taking into account the state of peace and order.

(Ace Esmeralda is a former Army officer and graduate of the Philippine Military Academy. He is a Certified Protection Professional of the ASIS International and asset protection consultant to several multinational corporations.)

(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for “true.”)

Do’s and don’t’s on election period

Ellen Leave a comment

From: http://www.youtube.com/watch?v=LXzgYt46120&feature=youtube_gdata

Election period started Sunday night, Jan. 13 in connection with the May 13, 2013 synchronized national and local elections.

It’s a 120- day period that will end on June 12.

Election being an important exercise in a democracy, the government wants to make sure that the environment is conducive to the people being able to choose their leaders freely and peacefully. Thus, there are do’s and don’ts in the Omnibus Election Code (Batas Pambansa 881) that law enforcers are implementing.

Number one is the gun ban.

Guns are now not allowed outside the residence or place of work unless for those granted exemption by the Commission on Elections.

Related ANC report:

http://www.youtube.com/watch?v=LXzgYt46120&feature=youtube_gdata

Included in the gun is the prohibition on the wearing of uniform of members of the Armed Forces of the Philippines, Philippine National Police and members of private security agencies outside their place of work, residence or barracks.

The combined forces of Comelec, AFP and PNP will be setting up checkpoints to implement the law. To avoid misunderstanding or mis-encounters, it is advisable to adapt a cooperative attitude towards personnel manning checkpoints. Authorities said an efficient vehicle check won’t take more than ten minutes.

Motorists are advised to dim the vehicle’s front lights upon approaching checkpoints as a matter of courtesy and to avoid the glare; open the lights inside the vehicles; and roll down the windows for easy inspection.

Armed bodyguards are also prohibited during elections period unless exempted by the Comelec.

We imagine politicians and some government officials have asked for exemptions.

Violators of the gun ban face six years imprisonment, losing their right to vote and disqualification from public office.

Movements of government personnel are also not allowed during this period to prevent politicization of the civil service.

There are government personnel whose work is related to elections. Some politicians might want relatives or friendly personnel to be assigned to his area or would those who are hostile or not willing to cooperate with them re-assigned. This is not allowed.

Thanks to Professional Heckler for this photo.

Election period is different from “campaign period” which starts Feb. 12 for national candidates and March 29 for local candidates.

Sec. 80 of the Omnibus Election Code states: “It shall be unlawful for any person, whether or not a voter or candidate, or for any party or association of persons, to engage in an election campaign or partisan political activity except during the campaign period.”

Many politicians circumvent the spirit of this prohibition with their TV ads and billboards that assault truth and good sense. These candidates show disrespect of the law and give us a preview of what kind of public officials they would be if elected.

Comelec in the past had admitted helplessness in implementing the ban on early campaigning.

The people can do something about these violators: don’t vote for them.

Note: Thanks to Director Ferdie Rafanan of Comelec’s Planning Department for these guidelines.

Filers, watchdogs brainstorm with COMELEC on new rules

Ed Lingao Leave a comment

by Che de los Reyes

The May 13, 2013 midterm elections could turn out to be different from all elections past. At least, as far as enforcing campaign finance rules is concerned.

Based on recent issuances and pronouncements by the highest officials of the Commission on Elections, campaign finance regulation – a task that COMELEC only gave token observance to in the past – will now be receiving serious attention from the Commission.

On June 22, 2012, the COMELEC issued Resolution No. 9476 or the “Rules and Regulations Governing Campaign Finance and Disclosure in Connection with the 13 May 2013 National and Local Elections and Subsequent Elections Thereafter.” The resolution mandated the creation of a Campaign Finance Unit, whose sole function is to look into the contributions and spending of candidates and political parties and enforce the laws on campaign finance.

And then in October 2012, COMELEC Chairman Sixto S. Brillantes himself announced that the 2013 elections would be the first in which the Commission would be seriously looking into the issue of campaign finance.

But even with the the commitment of its officials and the new Campaign Finance Rules in place, COMELEC is still facing the enormous challenge of educating candidates, political parties, and service providers, as well as election watchdogs and the media on its new campaign finance policy.

And then there is the question of whether the Commission would be able to muster the necessary resources and capability to monitor candidates’ spending and contributions, much less audit them.

It is a task that just might prove too unwieldy for COMELEC to go it alone. Not without the buy-in and assistance of the relevant stakeholders.

This fact is not lost on the officials of the Commission, who had started engaging various campaign finance stakeholders in recent months. Last Dec. 19, 2012 for instance, the COMELEC engaged not only the candidates, political parties, contractors, and service providers — those who are expected to file campaign spending reports — but also other government agencies, election watchdogs, and members of the media.

cf1

 

 

In the forum and workshop sponsored by the Philippine Center for Investigative Journalism (PCIJ), more than 50 stakeholders focused on identifying the gaps in enforcement of, and compliance with, the Campaign Finance Rules, and how each sector could better assist the Commission in these areas.

The workshop of the ‘Filers,’ which included representatives of major political parties and coalitions such as the Nacionalista Party, Nationalist People’s Coalition, and United Nationalist Alliance; party list groups such as AGHAM and Kabataan Party List; the sales and legal departments of ABS-CBN 2 and GMA 7; and media/advertising agencies  such as Campaigns & Grey — yielded concrete recommendations on how the COMELEC could still improve on the Campaign Finance Rules.

Meanwhile, the workshop of the ‘Monitors and Rapporteurs’ involved representatives of media organizations such as the Kapisanan ng mga Brodkaster ng Pilipinas (KBP), the Philippine Press Institute (PPI), and Interaksyon; election monitors and election reform advocates such as the National Citizens’ Movement for Free Elections (NAMFREL), Consortium on Electoral Reforms/Institute for Political and Electoral Reforms (CER/IPER); academe such as the Association of Schools of Public Administration of the Philippines (ASPAP), citizens’ groups such as the Freedom of Information Youth Initiative, and government agencies such as the Bureau of Internal Revenue (BIR).

Recommendations by the filers covered such areas as political advertising, reporting requirements, transparency and disclosure, and imposition of taxes on donations. The monitors and rapporteurs meanwhile, recommended concrete ways on how the sector could better assist COMELEC in improving enforcement and compliance with the Campaign Finance Rules and how to disseminate these. The sector’s recommendations also covered improving transparency and disclosure of campaign finance information, as well as a number of legislative reforms that would directly or indirectly impact on campaign finance.

cf2

The points identified however, were not only directed at COMELEC. The workshop participants also set goals and identified initiatives that they committed to pursue as a sector in order to improve compliance with Campaign Finance Regulations.

The filers, for instance, said they will be pursuing initiatives to better appreciate the letter and intent of campaign finance laws on accounting of campaign funds. These include organizing briefing sessions for media agencies and networks on campaign finance rules and implementation. The media executives meanwhile, volunteered to brief the COMELEC on the process or industry practice of placing ads.

Another initiative that the sector committed to do is to conduct consultations within the advertising industry because of different setups among advertising agencies (i.e., creative agency only; media agency only; unbundled full service agency with both creative and media). According to the sector, it is also important to identify which among the above agencies would be responsible for filing the necessary reports to COMELEC.

Meanwhile, the election monitors and rapporteurs committed to create a group specifically tasked to monitor compliance with the Campaign Finance Rules and draft a Standard Operating Procedure (SOP) for monitors to initiate prosecution of violators. The sector also said it would involve the public more in discussions about campaign finance.

 

Comelec to pols, parties: New year, new politics

Ed Lingao Leave a comment

NEW YEAR, NEW RULES. So get rid of all those old bad election habits.

It’s a warning issued by the Commission on Elections (Comelec) to all  politicians, political parties, and local and national candidates running in this year’s midterm elections as it prepares to fully implement and enforce the rules on campaign finance.

In all the decades that Filipinos have been trooping to the polls, this will be the first time that the Comelec will be turning a serious eye on the issue of campaign finance. In all previous elections, the issue of campaign finance, or the dynamics between campaign expenditures and the results of the elections, has only been given token observance.

These issues include the use of state resources for campaigning, the identity and amount of campaign donations, the restrictions and the limits for campaign expenditures, and the quality of the reportage of these donations and expenditures to the Comelec. The Comelec has so far been unable to enforce the laws on campaign finance because it has been so busy with the administrative burden of ensuring peaceful and honest elections.

But with the recent creation of an ad hoc campaign finance unit within the Comelec, the poll body says it will start giving more attention to campaign finance beginning with this year’s elections.

In fact, Comelec commissioner Christian Robert Lim said the campaign finance unit intends the 2013 elections to be a pilot run of sorts for the 2016 Presidential elections, when the contributions and expenses are expected to be much greater.

“We are looking at 2013 as the institutional step going to 2016 and future elections, to start plugging loopholes,” Lim said during a campaign finance seminar-workshop sponsored by the Philippine Center for Investigative Journalism (PCIJ).

The workshop, which brought together several stakeholders including political parties, the Comelec, the Bureau of Internal Revenue, civil society organizations, and the media, was aimed at getting the stakeholders together to discuss all the issues related to campaign finance that had previously been either of no interest to all but the apparently most obsessive.

This interaction is necessary if all the stakeholders are to have a greater understanding of both their rights and obligations any elections, said PCIJ Executive Director Malou Mangahas.

Lim said the campaign finance unit is hardly fully equipped to do a thorough audit, with only 12 full time lawyers who are also tasked with other jobs in the Comelec. As such, Lim said the unit is looking at a graduated enforcement of the campaign finance rules, so that the Comelec would be better prepared once 2016 comes around.

“We still have a lot of changes to make, but it is a first step in changing how politicians and candidates approach the elections, by not doing it in the traditional level anymore,” Lim said.

183_6126

During the workshop, both the regulators and the regulated were invited to raise all the questions and concerns they have regarding campaign finance. For example, representatives from some of the attending political parties expressed concern that that some of the current campaign finance rules that have so far been unenforced were really impractical and impossible to implement fully.

At the same time, some television and radio executives said the Comelec did not have a full understanding of how the broadcast industry works. This understanding is necessary if the Comelec is to enforce either the airtime or the spending limits for political advertisements, which are often exceeded by candidates.

Interestingly, several broadcast executives took the initiative to set a conference with Comelec officials in order to brief the poll body on what really happens between the broadcast networks and the political candidates during the election period.

Lim welcomed the initiative, and said the seminar-workshop on campaign finance is an important signal that all stakeholders are now willing to confront an issue that for many years has been considered too complex to deal with.

At the same time, Bureau of Internal Revenue Commissioner Kim Henares announced that the BIR would also be seriously looking into campaign expenditures and donations as a means to check whether both campaign donors and candidates have been reporting their income taxes accurately.

This, after the PCIJ noted that some of the biggest donors in the previous elections never seem to crop up in the list of the country’s biggest taxpayers, even though they seem to have all the money and goodwill to spread around during election time.

Henares said the BIR will be carefully scrutinizing the campaign donations and expense reports to see if they tally with the BIR’s own list of taxpayers.

All candidates and political parties are required by law to submit a statement of contributions and expenditures (SECE) to the Comelec after the elections. While winners regularly submit their SECE for fear of disqualification, the Comelec has never had the opportunity to audit and validate the reports for accuracy.

Henares said the BIR will cross check the contribution reports with the bureau’s own list of income tax returns to see if the big contributors have been declaring income in proportion to their donations. Henares and her deputies gamely took part in the campaign finance workshop in order to answer questions related to taxes and the elections.

“We can compare the expenditures by candidates and the ITRs. We are looking at that as one of the areas of cooperation with the BIR,” Lim said. “If we can’t get you by election laws, maybe we can get you by tax laws, like Al Capone.”

Henares also reminded all businessmen that they need to pay taxes for income generated from election activities. Economic activity normally spikes during the election season, as candidates splurge on campaign materials and paraphernalia and spend millions for campaign advertising.

For example, Henares said that the average gross domestic product for 2010 would have just been “four or five percent.” However, the enormous spending during the 2010 presidential election pushed the GDP up to 7.6 percent.

“If the campaign finance reform or mechanism is put in place, it will make people more responsive in reporting whatever income they generate,” Henares said.

“We want to avoid the situation where the basis for a candidate’s winning his seat is because he is the most moneyed,” Lim said. “We want to equalize the situation for all Pinoys.”

 

Preparing media for the 2013 elections

Ellen Leave a comment

In six months, we will have the midterm national elections.

The May 13, 2013 elections will be the first national, automated, and synchronized (including the Autonomous Region for Muslim Mindanao) elections under the Aquino administration.

VERA Files, a group composed of veteran journalists that produces in-depth articles on current issues and conducts training for journalists, last week held a training-seminar for 18 journalists from different parts of the country.

The training seminar was supported by the Embassy of Canada through the Canada Fund for Local Initiatives. Benoit Girouard, second secretary in the Foreign Policy and Diplomacy Section of the Canadian Embassy, stressed the importance of a free, honest, responsible and independent media in a democracy.

Since all the participants were working journalists (with two still studying but are writing for online media), the seminar focused on issues relevant to the 2013 elections. The speakers were all excellent. Comelec Commissioner Grace Padaca shared with the participants her own personal experience in elections as she gave an overview of the 2013 elections. Bro. Romulo Guillermo, Parish Pastoral Council for Responsible Voting spoke on “Monitoring the 2013 Elections through the eyes of civil society.

Linda Luz Guerrero, vice president of Social Weather Stations, gave suggestions to the participants what to concerned about in dealing with elections surveys in her talk,” Understanding and Reporting Election Surveys.” Political Analyst Prospero de Vera III, a professor of public administration at the University of the Philippines gave tips on “Seeing through the Packaging and Spins” of candidates.

Vince Lazatin, executive director of Transparency and Accountability Network, spoke on campaign finance. Who are funding the candidates? That’s very important because that would affect how the candidates, when they are elected, make a stand on vital issues and vote on important legislations.

Rowena Guanzon, professor at the UP College of Law, in her talk about “Holding Local Government to Account” said it is important to know that law and that is Republic Act 7160 (Local Government Code).
It is also important for the reporter to know the City Charter.

Other laws that reporters who cover elections must read are: Batas Pambansa Blg. 881 Omnibus Election Code;R.A 7166 An Act Providing For Synchronized National and Local Elections and For Electoral Reforms; R.A 9006 An Act to Enhance the Holding of Free, Orderly, Honest, Peaceful and Credible Elections Through Fair Election Practices (Fair Elections Act);

R.A. 7941 An Act Providing for the Election of Party-List Representatives Through the Party-List System; and R.A 9189 An Act Providing for a System of Overseas Absentee Voting by Qualified Citizens of the Philippines Abroad.

Lynda Jumilla, ABS-CBN correspondent and this year’s Marshall McLuhan fellow shared with participants

They will be covering the 2012 elections

insights on “Watching Congress”. Earl Parreño, trustee of the Institute for Political and Electoral Reform spoke on “Deconstructing Clan Politics”;

Joy Aceron, program director of Political Democracy and Reforms spoke on election-related violence and former Comelec Commissioner Augusto Lagman, who is now president of Logic Management, shared with journalists his concerns about the automation of the 2013 elections.

Lagman shared the remarks he delivered at the Joint Congressional Oversight Committee hearing last Wednesday.

He said with only six months away from the May 2013 elections, there is still no assurance that the Comelec’s planned automation will work and some of the reasons he cited are:

- There are still critical issues about the system used in 2010 that have not been resolved and demonstrated publicly, especially the security measures that are mandated by law and/or required by the project’s terms of reference.

- There are technical enhancements that should have been incorporated into the software to prepare for the 2013 elections that, again, have not been demonstrated publicly.

- The startling news that on May 23, 2012, Dominion Voting Systems, the real owner of the election technology used by Smartmatic in 2010, terminates the Licensing Agreement with Smartmatic.

For this reason, the latter sued Dominion before the Delaware Chancery Court on Sept. 11, 2012. The case is pending and there is no definitive date as to when it can be resolved with finality.

Lagman asked: “How can ‘fixes’ and technical enhancements on the system continue, late as they are already are, if Smartmatic is not authorized by Dominion to do so? And how can Comelec use the ‘fixed’ and enhanced sustem is there is no Licensing Agreement covering it?

Lagman made two recommendations: One, Comelec should cancel the purchase contract for the Precinct Count Optical Scan (PCOS) machines and two, quickly study all the viable alternatives for the automation of the 2013 elections…. while there is still time.