Through the Lens of an Eagle

We don’t have to experience unfortunate events just for us to learn. Like an eagle, let us be vigilant and alert. Like an eagle let us be wise, soar above the storm of dangers and evils, and get a bird’s-eye view of what’s happening to others or what we hear from the news or what we read in the dailies and learn from them. Practice them.

With the recent crime incidents in the place where I spent my undergrad, now I feel like an eagle soaring through the field where the wild animals unexpectedly and bestially attack their preys.

On one hand, I am like an eagle able to ward off the hunters and just now observing the incidents from up above. On the other hand, I am still like any other bird that no matter how high I soar, I am still in danger of being picked on.

In a matter of five months, three grave felonies had been perpetrated upon promising students in my alma mater, to wit: robbery with homicide, wherein the victim had also been raped (Oct.2011); rape, wherein the minor victim had been raped to death by about five men (Feb. 2012); and attempted robbery and homicide, wherein the offenders, who failed to take money from the graduating student, took his life instead (Mar. 2012). Moreover, in the law school I am studying now, a freshman student also died due to hazing (Feb. 2012).

What rubs salt in a wound in my heart is the fact that the minor who had been raped was one of our Sampaguita vendor friends.

It broke my heart after knowing it was Cesil who had been raped and killed. Cecil was not a student at UP. She was a sampaguita vendor in the campus since she was a very young kid. Selling sampaguita sent her to school.


Cesil was the first kid I thought of when I heard the news, and I hoped so badly that it weren't her. Sadly, it was Cesil—the cute, timid, hardworking, sweet little girl selling sampaguita until 11pm just to go to school.


I suddenly remember the times they sang over the phone for my friend when I was asking for an apology, the times when she and Gerry would suddenly sit on my lap and tell me “ate wag maninigarilyo ibili mo na lang ng sampaguita okaya bilhan mo kami ng turon”, and the times when the sleepy Cesil would meet us by the steps of our school building and ask us to buy her sampaguita so she could already go home, and my last Christmas break and birthday when I bought food and shared with the sampaguita kids.

I believe it is important to stress the common knowledge that peril is ubiquitous, so we must really be vigilant, extra careful, and wise enough not to wear or bring things that will catch thug’s attention.

Last September an outlaw was able to open the door of the cab I was in when the traffic light turned red. He tried to grab my phone and threatened me that he would shoot me if I would not give to him my phone. Instinctively, I threw the phone on the side of the cab driver. He kept on threatening me that he would shoot me, we were just a foot or two apart. I prayed as I haggled to him. Saying a short prayer gave me presence of mind. Thank God seconds before the light turned green he left already.

Just last month, a thief got all our phones at home. I reported it to our building manager and to the police right away. Thinking about what happened, I am grateful my brother and I were safe, weren't hurt, and we don't have to resort to stealing just to get through the day. Perhaps, I will be receiving something better as a replacement—phone or something else. The thief may have benefited from his take-away, I don't know his needs at the moment... But I am sure, I will receive something better than what has been taken away!  I thank the Lord I don't have to beg or steal and for making me unworried about the mundane.

Law-breaking now happens inside or outside the house. Make sure you always have someone or something to aid you defend yourself. But it is always best to:

When at home:

         1.      Lock your doors, even just the grills or screen doors

         2.      Never open the door until you positively identify the person outside. Do not let stranger come in, especially if you’re alone. Courteously tell him to wait outside, and call up a guard or a nearby friend.

         3.      Have emergency numbers on your phone and post a list on the visible area in the house
   4.      Make sure everybody is in the house before you go to sleep, especially the minors. If someone of age is out, tell him to call up before going home and when he is near—not when he is standing alone by the doorstep.

         5.      Keep outside well-lit

         6.      Make sure you keep clubs or anything that you can use to defend you

         7.      Keep your composure and don’t show your fear

When outside the house:

         1.      Never wear nor bring things that are “hot” in the eyes of outlaws

         2.      Make sure you just bring enough cash for transpo and a little extra

         3.      As much as possible, have a companion or have a pepperspray (there are those which   look like a keychain, attach it in your bag’s clasp)

         4.      If someone grabs your bag, let go of it. Your safety is more important than your belongings (refer to No.1)

         5.      Regularly change your routes

         6.      If you’re alone, walk in well-lit and visible or busy area and don’t take short cuts

         7.      Make sure you know where you are going and never ask strangers, only true policemen

         8.      Exude confidence—walk tall and project like you know where you are going

         9.      Don’t be sympathetic to suspicious behavior

          10.  Never walk with earphones on your ears

       11.  Hold your bag tightly on your shoulder pointing to the sidewalk

       12.  Carry your bag close to you, with the clasp facing inwards, and pull in front

       13.  Check your things before leaving a place and make sure bags are zipped up

       14.  While walking, look at your shadow and the glasses you pass by

       15.  Always walk on the side opposite the flow of the traffic

       16.  If you think you’re being followed, cross the street. If you think you’re still being followed, confidently walk in a bit brisky manner across the street again. Then go directly to a public place or a crowd or a convenience store.

       17.  Don’t leave important documents and gadgets in your car

       18.  Make sure all doors are of your car are closed before rolling

       19.  Don’t hangout in your car for a long time

Many encounters with crooks are won even before they assault you through psywar. Maintain an eye contact and project that you’re not intimidated. Most likely they will back down since they know you are alert and you already recognize their faces. (Invoking Valid Self-defense)

We don’t have to experience unfortunate events just for us to learn. Like an eagle, let us be vigilant and alert. Like an eagle let us be wise, soar above the storms of dangers and evils, and get a bird’s-eye view of what’s happening to others or what we hear from the news or what we read in the dailies and learn from them. Practice them.

We don’t need to touch the boiling water in order to know it is hot nor dip in the icy water to know it is cold.

Be vigilant. Be prepared. Know the law and your rights. Pray for your safety.

Ease With Legalese: Invoking a Valid Self-Defense

"It is good that we may be freed from criminal and civil liabilities; but it is always better to be cautious and prudent to avoid unfortunate events, or at least minimize inevitable circumstances; and it is best to know the law and our vested rights and obligations in order that we may apply well the common sense God has planted in every one of us and develop it into wisdom."

 

A playmate throwing his hand upwards, then Gigi suddenly fling her Chun Li stunt at his chest.

A brother foot-kicks Juan, then Juan suddenly gives his brother a clout.

A friend shocked you from behind, then you grab his shirt and spat him hard.

A suspicious looking guy leans at Roy while in a crowded train, then Roy suddenly lands a whack at his back.

Many times we say or hear the words, “What I did was just a self-defense.” And we think we are already justified. Our guilt would just evaporate and we then feel relieved.

The concept of self-defense has become very popular to us, that even children use them as an excuse to justify their behaviors. We think self-defense is, as the word says it, a measure to protect ourselves.

I remember when I was in college, friends belonging to fraternities even bring their pipes or clubs, or even ballpens, to use as their “self-defense” tool.

In the language of law, self-defense is man’s natural instinct to protect himself, repel an attack of aggression, and a lawful means to save himself, his property, or right from impending danger. Self-defense is treated by law as an act justifying our [supposed to be] punishable act but due the concept of self-preservation incurs no criminal liability. Self-preservation is a basic impulse born to every man and part of his nature as human being.

But using self-defense as a justification for our actions is not as simple as we think it is.

Invoking self-defense as a rationalization for the act requires one to admit that he really committed the supposed to be punishable act.

It is incumbent upon the one who defended himself/ his property or right/ another person to prove by clear and convincing evidence that he acted in honest defense, meaning his act is free from any vestige of deliberate or planned aggression. It is also important to note that self-defense is different from retaliation. As in retaliation,the aggression that was begun by the offended person already ceased when he (accused) attacked him back. While in self-defense, aggression begun by the offended party was still existing when he (accused) protected himself.

                                                                   Hence, it is very important to prove that:

1. There was unlawful aggression by the offended person;

2. There was reasonable necessity of the means you used in preventing or repelling the unlawful aggression; and

3. You did not provoke the person who attacked you

All these three elements must concur to establish that your act was really based on self-defense.

There are still other things that one should consider to establish his act of self-defense. Among them is that the aggression done to you must be in the nature of immediate and imminent danger. One may also point out where he hit the person and what tool or means he used relative to the means by which other person used to attack him first, and the degree of force you employed.

However, since one has to admit that he committed an injury to the other person as a result of his self-defense, if he is not able to sufficiently prove that he acted in lawful defense, then he will be held liable for the injury suffered by the offended party.

But if he is able to establish a clear and convincing proof, the law recognizes his act as justified and he deemed not to transgress the law, hence, free from both criminal (restriction of liberty or imprisonment, fines) and civil (eg. hospital fee, damages) liabilities.

It is good that we may be freed from criminal and civil liabilities; but it is always better to be cautious and prudent to avoid unfortunate events, or at least minimize inevitable circumstances; and it is best to know the law and our vested rights and obligations in order that we may apply well the common sense God has planted in every one of us and develop it into wisdom.

Law of society, law of nature, Divine Law… you can do well with common sense.

PS: I hope this article helps you somehow to better understand the concept of a valid “Self-Defense” as provided by the provision of the law (Paragraph 1, Article 11 of the Revised Penal Code). This is my first installment on my series of “Ease in Legalese” write-ups—my simple way of sharing what the law says in a laymanized manner so more people will be acquainted with our law and appreciate and exercise its provisions for their benefit, and incidentally, for the benefit of others as well.