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Friday, July 6, 2007

Loose Bombs

Media reported today that actor Jay Manalo was arrested and will be prosecuted for violating PD 1727, which many now refer to as the “bomb joke law”. A few months back, John Estrada was in a similar situation, but he got out with a slap on the wrist.

I have to admit I felt a weird sense of happiness when I saw these airheads confess to their ignorance in public. But my self-satisfaction aside, I must say that I am quite concerned with the way the law is being implemented.

PD 1727 was promulgated during the Martial Law years “in the wake of recent bombings, arsons, and other terroristic acts committed by radicals and other lawless elements in the country” where “such radical and lawless elements, and "pranksters"” would convey, propagate or otherwise disseminate false information or willfully make threats regarding the alleged presence of bombs, explosives, incendiary devices, or any similar device or means of destruction” “for the purpose of causing or creating public confusion and disorder”.

However, section 1 of the said law which actually defined the punishable act says “any person who, by word of mouth xxx … willfully makes any threat or maliciously conveys, communicates, transmits, imparts, passes on, or otherwise disseminates false information, knowing the same to be false, concerning an attempt or alleged attempt being made to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property, by means of explosives, incendiary devices, and other destructive forces of similar nature or characteristics."

This means that for the act to be punishable, the person must:
1. willfully make a threat or
2. maliciously convey a known false information
3. the information must be concerning an attempt or alleged attempt to kill, injure or intimidate an individual or damage property by means of explosives.
Now let’s do the requisite legal exercise kuno:

When Jay Manalo said “O, may bomba yan ha” while handing his bag to the stewardess:
1. What act violative of the law did he do? Answer: Conveying false information, because he did not really have a bomb.
2. What was the information about? Answer: The existence of a bomb.
3. Is it the type of information covered by the law? Hmm. Let us see. Was it about any attempt to kill, injure or intimidate with the use of the bomb?

You decide. From my side of the fence, all I could sense is Jay hitting on the stewardess.

I have no beef with our security forces strictly enforcing laws to ensure that no life, limb or property is injured while we travel, but I have some reservation when the law is applied without any consideration for cultural nuances. We are a country of jokers and we always find something hilarious with all kinds of situations. While we submit ourselves to rigorous security procedures, there is always that urge to act funny so as to lighten the atmosphere.

I’m not saying we should not punish jokers – all I’m saying is that the law does not seem to cover the context with which many arrests have so far been made. If the intention is to be truly rigid, considering the times, then an amendment must be in order. Otherwise, loosen up guys! :-)

12 comments:

MANDAYA MOORE: Ang bayot sa bukid said...

paano yan kung at last e makasakay na ako ng eroplano? mahilig pa naman akong magbiro. baka via jail ang trip to manila ko nyan.

aryo said...

Wag kang mag-alala. Madami magtatanggol sa yo. Tawagan natin si Misterhubs and the other lawyer-bloggers. Yun nga lang, baka mag-enjoy ka naman sa jail, he he.

carlotta said...

naku, eh gustung-gusto ko pa naman nang manloko ng guard. pag titingin na sya sa aking bag, bigla ko syang gugulatin... BOOM! tapos sabay takbo! nyahaha! ;-)

sensya nga pala sa pag di pag-imbita!

aajao said...

did anyone ever confirmed if the bomba jay was referring to was a "bomb" and not some "bomba" materials that he may be carrying? well, we all know in the Philippines that jay manalo has once been a "bomba" symbol... ask them: "Who among the Filipino actors is labeled as Totoy Mola?"

aryo said...

Carlotta: Nakupo! Wag mo gagawin yan sa airport. Mga takaw-media ang mga security dun. Huli ng huli para ma-tv sila kahit sandali. E ikaw pa naman, celebrity ng blogworld.:-)

Nonoy:Ang feeling ko nga, type ni Jay ang stewardess. Gusto i remind na siya si Totoy Mola kaya binulungan na me bomba pictures siya sa bag.

Yan nga kasi sinasabi ko. Hindi porke't nadinig ang "bomba", huli na. Over reacting!

jc.guiyab said...

carlotta try doing that sa states pag di ka nila dinumog at binugbog...worse baka mabaril ka pa nila... eheheh

about sa law... it's ok naman, eh. i think we filipinos should try to refrain ourselves from joking about the "bomb" because it's all about our safety...few minutes lang naman...

in any situation pinayagan natin mag joke ang kahit sino about the presence of a bomb, mahihirapan ang mga security enforcers na mahuli ang totoong may dala ng bomb kasi everybody is joking about it.

ang ayaw ko lang yung mga guards sa sm dito samen nakakahipo na e...

Gina said...

OA naman ang guards! Kawawa naman si Jay. Oh well.....

Juz said...

i agree with you.. but in some countries. esp in USA, wahh you'll be jailed only saying funny stuffs like that in an airport or in a government place...

Abaniko said...

Great analysis and I'm with you on everything you said.

For all you know, he meant a pornographic magazine in the bag with a sexy bomba star in the centerfold. Hehe.

aryo said...

JC and Juz: I agree. I don't mean to suggest na we take the jokes lightly. All I'm saying is, kung ganun talaga ang intention natin, dapat yun din ang nakasulat sa batas. Sa US, kaya ganun ka seryoso, dahil ganun mismo ang nakasulat lalo na ng after 9:11. E tayo, Marcos law!

Pero mas interesting yata ang kwento mo JC sa mga guard ng SM. Na harass ka!? :-)

aryo said...

Gina and Abaniko: Kawawa nga talaga si Jay. Wala na ngang pelikula ganun pa ang publicity niya. Sabagay, good or bad, publicity pa rin yun. Bka sinadya ni Jay para mapag-usapan siya uli. :-)

jc.guiyab said...

hahahaha di naman... sinabihan ko na lang yung guard na next time mangapa s'ya make sure na hindi nya makakapa yung sensitive part... :)