Miyerkules, Marso 19, 2014
STOP AND FRISK LOWER GUN RELATED VIOLENCE
The protagonists in the village elections, they said, have more personal ax to grind against each other than their counterparts in May 13.
Barangay election is fast approaching. It would be held on October 28 this year.
PNP incorporates Stop and Frisk
Since this writer was “flattered” by the disclosure of Pangasinan Police Director Senior Superintendent Marlou Chan that his article titled “Police Stop and Frisk help Lower Shooting Incidents “(that compared shooting incidents last year in the 8.5 million populated New York City that claimed 450 lives versus the 3 million populated thriving gun-for hire province Pangasinan where killers snapped out 249 lives in the same year (you can accessed it at http://wwwmortzcortigoza.blogspot.com/2013/08/polices-stop-and-frisk-help-lower.html ) ) has been integrated in the Philippine National Police’s pilot project in Malasiqui town.
Police Regional Director Ricardo Marquez lauded recently on TV Chan and the provincial police rising star Lieutenant Colonel Rodolfo Castro (lately reassigned as chief of police of another "Tombstone" City San Carlos) whose Lennon-McCarthy collaboration in the Squad Patrol 101 (Read: Police visibility, check point, etc.) resulted in a zero shooting incident since the project’s inception recently.
The pronouncement of General Marquez on TV was refreshing since the 73 villages’ strong town has been a lair of hired killers according to the former chief of police there.
“Bawat barangay dito may hired killer (Every village here has hired killer),” he told me over a cup of coffee in his office.
Assassins in Pangasinan thrive as Village poll approaches
Now that the village poll is just around the corner, assassins are honing their target shooting accuracy and their motorcycle proficiency in their hideouts ready to go for business to clients who can afford their price tag.
If remains unabated, this turmoil will cause losses of precious lives, a broken peace and order situation as residents live in fear, anxieties among public officials as the acrimonious media assailed them for their incompetence to put a plug on hit men in a rampage.
As what I told former police general and incumbent congressman Pol Bataoil in the last national and local election that the police are afraid to do the stop and frisk or open the trunk and compartment of the motorists even with the latter consent because the police fear the motorists complain or sue them at the People’s Law Enforcement Board, human right bodies, or the court.
“That’s part of the hazard of the service. But as long as the policeman is doing his job properly and in accordance with their police procedures they can defend their actions even in Plaza Miranda,” the solon told me.
Brief history and legal dynamics of Stop and Frisk
For starter, here’s the brief history and legal dynamics of Stop and Frisk (Terry v. Ohio) if the PNP wanted to adopt it on the October poll so it can mitigate the number of shooting incidents and other gun related crimes.
On October 31, 1963, while on a downtown beat which he had been patrolling for many years, Cleveland Police Department in the United States detective Martin McFadden, 62, saw two men, John W. Terry and Richard Chilton, standing on a street corner at 1276 Euclid Avenue and acting in a way the officer thought was suspicious.
Detective McFadden, who was well-known on the Cleveland police force for his skill in apprehending pickpockets, he observed the two proceed alternately back and forth along an identical route, pausing to stare in the same store window. Each completion of the route was followed by a conference between the two on a corner. The two men repeated this ritual alternately between five and six times apiece—in all, roughly a dozen trips. After one of these trips, they were joined by a third man (Katz) who left swiftly after a brief conversation. Suspecting the two men of "casing a job, a stick-up", detective McFadden followed them and saw them rejoin the third man a couple of blocks away in front of a store.
Police approach the suspects
The plainclothes officer approached the three, identified himself as a policeman, and asked their names. The men "mumbled something", whereupon McFadden spun Terry around, patted down his outside clothing, and felt a pistol in his overcoat pocket. He reached inside the overcoat pocket, but was unable to remove the gun. The officer ordered the three into the store. He removed Terry's overcoat, took out a revolver, and ordered the three to face the wall with their hands raised. He patted down the outer clothing of Chilton and Katz and seized a revolver from Chilton's outside overcoat pocket. He did not put his hands under the outer garments of Katz (since he discovered nothing in his pat-down which might have been a weapon), or under Terry's or Chilton's outer garments until he felt the guns. The three were taken to the police station. Terry and Chilton were subsequently charged with carrying concealed weapons.
Guns seized on Stop and Frisk as Evidence
The defense of the charged individuals moved to suppress the use of the seized weapons as evidence (Filipino law practitioners called them Fruits of a Poisonous Tree) on grounds that the search and subsequent seizure were a violation of the Fourth Amendment to the United States Constitution (where Philippine Constitution adopted it at Section 2, Article III ( Illegal search and seizure" of the Bill of Rights).
Though the trial court rejected the prosecution theory that the guns had been seized during a search incident to a lawful arrest, the court denied the motion to suppress and admitted the weapons into evidence on the grounds that:
1) The officer had (reasonable doubt) cause to believe that Terry and Chilton were acting suspiciously;
2) That their interrogation was warranted, and;
3) That the officer for his own protection had the right to pat down their outer clothing having reasonable cause to believe that they might be armed.
Terry and Chilton were found guilty by Court of Common Pleas of Cuyahoga County (U.S version of the Philippines’ Regional Trial Court) , an intermediate appellate court (Philippines’ version of its Court of Appeals) affirmed the conviction, and the Ohio State Supreme Court dismissed the appeal on the ground that "no substantial constitutional question" was involved.
Police Stop and Frisk Help Lower Shooting Incidents
BY MORTZ C. ORTIGOZA
Despite the brouhahas spawned by the Stop and Frisk method by policemen in the cities of Philadelphia and New York, Filipino policemen who satisfied themselves to visual search can look how effective this method in deterring crimes like shooting incidents .
Stop and Frisk is a type of limited search when police confront a suspicious person in an effort to prevent a crime from taking place. The police frisk (pat down) the person for weapons and questions him.
According to the recent column of Dick Morris at DickMorris.com titled “ Stop And Frisk Decision Based On Tortured Reading Of The Constitution” the spate of crimes in the cities of New York ( 8.5 million population and Philadelphia (1.5 million population:) dwindled with 450 homicides and 334 homicides last year respectively.
“The ability to stop and frisk men lingering on street corners in the middle of the night in high drug and crime areas has played a key element in reducing the murder rate.
Particularly in concert with New York’s mandatory minimum three year sentence for possession of an unlicensed, loaded firearm within the city, the law has forced guns off the street and driven down the murder rate appreciably.
To measure the impact of the stop and frisk and mandatory minimum gun sentence laws, compare New York with Philadelphia. Both have lots of poverty — 21% in New York and 25% in Philadelphia. The per capita police presence in each place is comparable, “ Morris, a former Bill Clinton’s adviser, and Republican strategist, said.
***
“Imagine 450 shooting incidents in a population of 8.5 million in New York City versus the wild-west gun- for-hire Pangasinan with less than three million people, and we’re talking about New York as a city and not as a province.
Lunes, Marso 17, 2014
How Senators, Congressmen, Mayors Steal
Are members of the 16th Congress still illegal recipients of
the 10, 20 or more percent cut (S.O.P in the vernacular) from every project
they interceded for Malacanang to implement?
In the March 6 page 2 issue of the Philippine Daily Inquirer “Pork”
still working for lawmakers” Leila B. Salaverria wrote: “The PDAF (Priority Development Assistance
Fund) was then realigned to six executive agencies – the Commission on Higher
Education (P2.66 billion); Department of Education (P1.022 billion); Department
of Health (P3.69 billion); Department of Social Welfare & Development of
Social Welfare & Development (P4.71 billion); Department of Labor &
Employment (P3.69 billion); and Department of Public Works and Highways (P9.654
billion)”.
Does it mean if a subservient congressional ally of
Malacanang can chalk up P10 million from one of this government entities
through the imprimatur of the power-that-be, it is still monkey business as
usual between the solon and his favorite private contractor?
As you know, one of the motivations for politicians in
running for congressional office is the S.O.P they can get from the private
contractor or supplier that implements a government project they scored. Before
the evil Janet Napoles brought them to hell, the greediest of them I know in
Region 1 pocketed up to 60% of a project allocated in a dredging operation of a
river. This anomaly ensued through a conspiracy with the private contractor,
members of the DPWH and Commission on Audit, and the lawmaker. Only 40% or P4
million goes to the haphazardly made operation while the P6 million of the P10
million projects have been divided by these vultures where the lion share goes
to the heartless solon.
With Malacanang needing the votes of members of Congress for
important bills, it can marshal these vulnerable solons by ordering the heads
of these departments and agencies to implement some of the billions of pesos of
projects at their disposal to the district or constituency of the ally
congressman or senator.
A hundred of millions of pesos’ project for the district of
a congressman could make a difference between a pork-less solon and a
gluttonous solon that gets P20 million kickback a year from the conniving
private contractor.
Has pork barrel indeed returned with a different name,
different system of distribution, and with a vengeance?
“Sa akin iyong P200
million pork (2014) ko pina re-allign ko sa calamity fund,” Senator Alan
Peter Cayetano told me in Pilipino when I told him about my above observation
when he dropped by at the Dagupan City museum in March 10.
“In case a congressman
who has clout with Malacanang chalked up say P10 million projects from DPWH,
can the solon ask his favorite private contractors to bid and give him his
10-20 percent cut? Has the pork returned?” I posed my query to Cayetano.
“Maybe it has returned,” he retorted.
***
If a senator and congressman pocket government funds through
the pork, here’s how the mayor mumbo jumbo government monies that go to their
pocket.
A city mayor in a local government unit (LGU) with a P700
million appropriation for calendar year 2014 can stash away 10 % (or 20% if he
is rapacious) of the 30 % infrastructure or development funds from the P700
million budget.
30% of the P700 million is P210 million. 10% of his S.O.P
from the 30% (P210 million) in infrastructure projects is P21 million. In a
three -year term the lucky enterprising son of a gun corrupt mayor gets P63
million!
Opps, mukhang malaki ang kurakot ng mayor sa congressman dito sa
illustration ko. And I'm not talking how much a governor earns a year
or in three years.
The stealing binge would be more exciting if the LGU would
be as big as Quezon City that has a yearly budget of up to P14 billion.
And it does not stop there. He can still get a kickback or
percentage from the private garbage collector and 5% monthly from the illegal
number game jueteng’s or Jai-Alai of Meridian Corporation whose legality is
pending for years now through an injunction at the Court of Appeals (mukhang
pati sila Justices ng C.A may S.O.P na din?).
When Oscar Rodriguez, the former mayor of San Fernando City,
Pampanga, visited two years ago the Stadia in Dagupan City, he told the
attendees of a convention in good governance that probably he was one if not
few of the mayors in the Philippines who did not accept goodwill money from
officials of the Top 500 Corporation in the country that wants to build shop in
a city or town.
He said the practice was Mall A or Corporation B greases
first the hand of the Hizzoner (acronym of
His Honor the Mayor) with millions of pesos before getting the permit to do
business in his turf.
Sabagay iyong mga
ordinaryo at uhugin na municipal or city councilor dito sa Pangasinan kumikita
ng kalahating milyon bawat isa sa mga business entity na pumapasok o sa loan na
pampagawa ng palengke o terminal, iyong mayor pa kaya na pumipirma with
finality sa documents ng investors.
I remember a city councilor two years ago confiding to me
that in case a giant retail mall enters the city each of his colleagues in the
August chamber would be a beneficiary of a P3 million goodwill money from the
mall owner just for them to convert through a resolution the site of the mall
from agricultural to commercial.
(I learned later that the each of the many dads allegedly
received P2 million to finalized the entry of the mall)
Anak ng baka, who says that being a public official is a
thankless job?!
Biyernes, Marso 7, 2014
Mitoy Dreams Joining Queen
Queen's lead singer the flamboyant Freddie
|
Peeping Tom Policemen
By Mortz C. Ortigoza
In a lecture given to officers of the court and peace officers, Court of Appeals Justice Mario Lopez (nah, not the actor Mario Lopez, host of some American TV shows) said the Supreme Court decided that the informer, like in an illegal drug raid or arrest, is not required to be summoned by the court as witness.
“Normally they are not presented as witness because their lives would be put in jeopardy. They would be killed!” the justice stressed.
But he said it is a different story if the one involved is a poseur buyer (under covered agent posing as buyer).
“He is allowed by the Supreme Court to be a witness”.
Lopez educated the attendees what is “constructive possession” in an illegal drug case.
He cited a case where the highest tribunal affirmed the conviction of a husband in a possession of an illegal drug despite he was not caught in flagrante delicto (caught in the act) carrying it.
No Looming War between China and Japan, PH
By Mortz C. Ortigoza
DAGUPAN CITY - One of Asia’s foremost geo-political experts did not believe that the saber rattlings between China and some Asian countries will result in a shooting war.
Former five –time Speaker Jose de Venecia said he did not see any eminent explosion of conflict in the East and South China Seas with China versus Japan and the Philippines.
“All of these will be settled by diplomacy and negotiation,” he stressed.
He said the belligerent attitude shown by Japan’s hawkish Prime Minister Shinzo Abe and China President Xi Jinping only drumbeat their self-confidence before the eyes of their constituents.
“Well, both are talking self-confident action for home politics. In the end, all of them will seat and settle these issues satisfactory to the satisfaction of both sides,” he said.
De Venecia said it was just normal for the United States commercial airlines to seek first the notification of the Chinese for them to pass the Area Defense Identification Zone (ADIZ) in East Asia that China unilaterally proclaimed.
Interview with Australian Ambassador: Military Treaty, China
After the 69th anniversary of the historic Lingayen Gulf Landing in January 9 at the Veterans Memorial Park in Lingayen, Pangasinan came to an end media colleague scampered from their locations and started “ambushed interviews” their prey like governor, mayors and even military and police officials who have ran-off with news worthy events the day before.
Author poses a strike with Australian Ambassador Bill Tweddell extreme right) after his interview. |
I hesitated to rush at the guy sporting a long sleeve light brown barong dress since: First, I left most of my English proficiency skills at our house in Dagupan City; Second I was not certain if he was His Excellency exchanging pleasantries with two huge white men (one in a Navy uniform while the other was in a blue barong but both sport an array of medals located on their left breast).
“Sir, are you the ambassador of Australia?” I asked the guy with a long sleeve barong after I mustered all my strength to draw sword with the envoy in Her Majesty the Queen and Shakespeare’s language.
“Yes,” he retorted.
How to Sue Abusive Policemen
Barangay Chairman Godfrey Carbonel of Talogtog, Mangaldan has been endorsed by various sectors in the famous tapa (dry meat) town as representative of the Liga ng mga Barangay (League of Barangays) for the People’s Law Enforcement Board (PLEB) as the village chief who used to represent the League passed away.
“Mayor Bonafe de Vera-Parayno should appoint Kapitan Godo for the PLEB since he is the most qualified from the Liga. He is a Bachelor of Laws graduate, a perceptive member of the media that could bring PLEB- Mangaldan to places.
Ban the Doctor not the Boxer
Protective Gears for Amateur Boxers |
According to Cantu, Boxing and Medicine, Human Kinetics Illinois, studies say that amateur boxing's fatality rate is 1.3 fatalities per 100,000 participants. Compare this to the fatality rates for college football (3), scuba diving (11), mountaineering (51) and sky-diving (123).
PMA’s Imbroglio: Congress and Court’s Intervention?
When I bumped recently into former five- time Speaker Joe de Venecia, I asked him if the gubernatorial bid of former congressman Mark Cojuangco will reinvigorate the chances of 2016 presidential bet Mar Roxas since Cojuangco’s Nationalist People’s Coalition is the dominant party in the almost three million population Pangasinan?