House Speaker files Anti-Salvaging Bill
Sunday, July 26, 2009 01:43:35 PM

MANILA, Philippines - Alarmed with the growing international reputation of the Philippines as one with the highest cases of extrajudicial killings or salvaging, House Speaker Prospero Nograles has filed a bill that would qualify "salvaging or extrajudicial killing by any public officer, person in authority or agent of a person in authority as a heinous crime" and impose the maximum penalty provided by law.

Nograles said with the filing of House Bill 6601 which would be known as the “Anti-Salvaging Law,” there is no longer a need for the House to conduct an inquiry in aid of legislation over the raging controversy on the genocide-like summary executions in Davao City which stirred even the attention of international human rights organizations.

"Extrajudicial killings or salvaging is abominable and should not be ignored or tolerated. The inaction, inability or unwillingness to solve extrajudicial killings by public officers despite the availability of peace and order and intelligence funds and other resources at their disposal, constitute negligence or dereliction of duty to serve the people," Nograles, a TOYM (Ten Most Outstanding Young Men) awardee in the field of human rights, said in his explanatory note.

Davao City is now at the center of an investigation by the Human Rights Commission under Chairwoman Leila De Lima following reports that there are over 800 people who have been victims of summary executions in the city since 1998. All of the victims, two of them members of the media, were assassinated by armed men who are alleged members of the Davao Death Squad.

Recently, the CHR also dug up what are believed as human remains at a firing range in Davao City. Found together with the human remains are government-issued plate numbers.

And even as the CHR is in the thick of its fact-finding mission on the DDS, a 33-year old man named Michael Bestudio, was gunned down on July 10 by armed men who are believed to have a connection with the DDS.

"This shows the cold-blooded brutality of the people behind these killings. They fear no one, including the CHR," Nograles said.

Nograles however pointed out that the problem on summary killings does not only persist in Davao City but in other parts of the country as well, hence, the "Anti-Salvaging Law" is needed to secure accountability on any public officer who allows the illegal, improper and unauthorized use of public money to maintain peace and order.

"At present, the Philippines is one of the countries with the highest number of outstanding cases of extrajudicial killings or salvaging which remained unsolved for decades and the perpetrators left unpunished," Nograles said.

"Thus, if money is taken out of public treasury for peace and order purposes, satisfactory results must be produced not only in the investigation and prosecution of crimes but also in he prevention of extrajudicial killings or salvaging," Nograles added.

Under Nograles' HB6601, there will be a presumption of administrative negligence on any public officer, person in authority or agent of a person in authority except in areas of conflict or combat zones "if there is an increase in the number of extrajudicial killing or salvaging in his area of responsibility, as determined by the Commission on Human Rights, despite the continuous allocation and disbursement of peace and order and intelligence funds or similar allocations from the local government to such public office, person in authority or agent of a person in authority."

This bill also provides that "the proper disciplining authority may, pending investigation, suspend the public officer, the person in authority of agent of a person in authority for a period of 120 days if the charges against such officer involve inaction to prevent the commission of extrajudicial killing or salvaging."

A penalty of life imprisonment shall be imposed upon any public officer, person in authority or agent of a person in authority for the commission of any salvaging or extrajudicial killing. (Gil Bugaoisan)