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Thursday, November 14, 2013

Enforcement of laws vs looting is difficult in extraordinary times - Sec de Liman

Social and political criticisms

 
 Taking more than what they need?  Technically theft?

There have been news about looting in Tacloban, and talk about declaration of martial law in the affected areas to enforce law and order.  All ready, ABS CBN  is investigating rumors of armed men shooting evacuees (which was later found out to be false)  The mass burial was allegedly to have been disrupted by gunfire.   There were also allegations that armed men (NPA) are supporting the massive looting that is going on.

Strictly enforcing the law vs looting in extraordinary times is difficult - Sec de Lima of DOJ

Here is the transcript of the news.

Strictly enforcing the laws, including penal laws on looting (technically, theft or robbery) during extraordinary times such as in times of calamity is easier said than done,” De Lima said.
De Lima pointed out that application of laws should be tempered with "compassion, mercy or liberality," taking into account the situation of victims who have no food to eat.
"What is imperative is real and physical presence of authorities, both local and national, to maintain peace and order,” she said.
Theft committed during the occasion of fire, earthquake, typhoon, volcanic eruption or any other calamity, vehicular accident or civil disturbance is punishable under Article 310 of the Revised Penal Code.
Hundreds of policemen and soldiers have been deployed to restore peace and order in the city. MalacaƱang said on Sunday that the situation is now under control, thinning chances of declaration of martial law.
The Constitution only allows the President to impose martial law if there is an invasion or rebellion. These conditions do not exist in Tacloban, de Lima said.
De Lima said the declaration of both state of emergency and a state of calamity is enough to address the situation in affected areas including breakdown of law and order. (Sunnex)

Posts have been made at this site that looting per se is not to be considered theft, as alleged in US situation post Katrina;  it is a survival instinct in the face of breakdown of technology and delivery of basic services.  However, taking only items for survival are justified probably, but not taking more than you need, including taking plasma TV or appliances (we saw footages of this in the TV)



 
Do you need the machine to survive?


 
Survival instincts?


 
Will businessmen leave these areas?


Huli?!



Soldiers guarding the malls/stores this time.  But the pictures of looting are discomforting