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What is the simplest, cheapest, most effective way to stop this scam, protect innocent outgoing passengers and rectify the nation’s bad image that was projected by “tanim bala”?
“Prosecutorial Discretion” is a very important procedural principle in criminal and immigration law. Essentially, it is the broad discretionary power given to government prosecutors to proceed or not to proceed in prosecuting cases or to lessen the charges that are filed.
While I acquired my law degree in the U.S. and all of my professional life as a practicing California lawyer has been in the U.S, I know that Philippine government prosecutors referred to as “Fiscals” also have this broad prosecutorial discretionary powers. The head of all prosecutors in the Philippines is the Secretary of the Department of Department of Justice. Alfredo Benjamin Caguioa is currently the newly appointed Secretary. He is part of the Executive Branch of Government and his immediate boss is President Benigno “PNoy” Aquino III. The President can order Department Heads to follow a certain policy if these orders serve the public interests and is consistent with legal principles.
Unlike in the U.S., in the Philippines, this principle of Prosecutorial Discretion is generally not utilized by the Department of Justice or the Bureau of Immigration or other agencies as a useful tool for creating general public policy that serves the interests of its citizens.
In the U.S., the Attorney Generals of various States, the Head of the US Federal Department of Justice, the Head of the US Citizenship and Immigration Service and the Head of other agencies – and even the U.S. President have repeatedly utilized this principle of “Prosecutorial Discretion” in order to: Create policies that make sense; protect citizens from indiscriminate non-judicious application of the law; implement humanitarian considerations; utilize limited government resources for more important priorities.
For example, in some states, mere possession of Marijuana is a crime. But the Attorney Generals of some of these states, utilizing the principle of Prosecutorial Discretion, have issued general directives to prosecutors and law enforcement personnel that simple possession for medical or recreational purposes and not for sale will no longer be prosecuted. Not only did this judicious exercise of Prosecutorial Discretion keep many good citizens from being arrested, getting jail time, having criminal records, spending money for lawyers and facing other hassles, but it also saved a lot of money for these states and freed prosecutors to utilize their time on more serious crimes.
On the basis of Prosecutorial Discretion, the Head of the U.S. Immigration and Customs Enforcement has also issued general directives to prosecutors and agents not to proceed to arrest or deport undocumented immigrants when obvious humanitarian considerations are present, but to prioritize the use of limited government resources to go after criminal aliens.
US Attorney General Eric Holder also used this principle of Prosecutorial Discretion when he announced that the U.S. government would no longer proceed to enforce the Defense of Marriage Act (DOMA) federal law, which limited marriages to those with opposite sexes. This eventually led to the US Supreme Court declaring same sex marriages as legal.
With all due respect to President Benigno Aquino III and Secretary of Justice Alfredo Benjamin Caguioa, please allow me to suggest utilizing this principle of Prosecutorial Discretion to immediately stop this “Tanim Bala” scam. I do not wish to give the impression that I am a “know it all” U.S. Fil-Am lawyer dictating to Philippine officials what to do. I am simply humbly wanting to help my fellow human beings, that is, keeping innocent outgoing passengers from being hassled and victimized. I also want to remedy the bad global image that this “Tanim Bala” scam has given to the Philippines and to our people.
This suggestion is also very important and valuable in serving the people’s interest. It shows how government can use an important legal principle as a policy making tool now and in the future to prevent corrupt law enforcers and regulators from abusing existing laws. Citizens of the Philippines encounter this abuse of the laws by corrupt government personnel in their everyday lives. Laws are implemented without utilizing common sense and fairness principles when used for corruption purposes.
I draw from my experience as a lawyer officially certified by the California State Bar as an expert on Immigration Law continuously for more than 25 years now, as well as being a human rights lawyer, to provide whatever help I can give to my fellow human beings and country of origin, offering an effective proven way to solve this serious problem. I know from experience that the principle of Prosecutorial Discretion, when utilized by government prosecutors acting in good faith, really makes a big difference in bringing about order and justice in many situations.
The intent of the law that makes the possession of bullets a criminal offense whether by airline passengers, or in some other contexts, was for a good purpose, just like so many other laws. It is meant to prevent shootings that cause death or injuries. This law was certainly not meant to be used by scammers to extort money and hassle innocent people.
The whole purpose of airport screenings and scrutiny of passengers and luggage is to detect deadly weapons and explosives that threaten the safety and security of passengers and crew. Obviously, a few bullets by themselves without a gun are not deadly weapons. This is more obviously so with bullets that have been converted to amulets. As such, just confiscating the bullets is a simple common sense summary procedure to terminate further hassles.
On the basis of the principle of “Prosecutorial Discretion,” President Aquino can order Secretary Caguioa, or even Secretary Caguioa by himself, can just issue a general directive to prosecutors and airport security personnel that finding ten or fewer bullets in passengers’ luggage will no longer be prosecuted. Instead, just confiscate the bullets.
The “Tanim Bala” scam will immediately be effectively stopped if Secretary Caguioa issues this directive. The scammers will no longer plant bullets in luggage as they can no longer conveniently and wrongfully use the law banning bullets to victimize helpless passengers.
It also costs the government nothing to stop this scam. No need for watchers to watch the screeners and other airport personnel. No need for extra cameras. It also saves the government time and money as prosecutors will be freed from having to prosecute passengers with bullets. They can then utilize their time and efforts in more important priorities – such as prosecuting really serious crimes.
Instant provable results are accomplished and the government can proudly and immediately announce to the world that it has effectively stop the “Planted Bullet” scam. This erases the country’s projected bad image and gives the impression of a well-meaning government that knows how to effectively protect people and solve problems.
As of the moment, extended hearings and discussions are going on in the Philippine Congress as Senators and Congressmen look for solutions to the “Tanim Bala” scam, to come up with remedial legislation. With all due respect to the legislators who mean well, drafting bills, engaging in various studies, meetings between representatives of the Senate and the House is a time consuming, vexatious and expensive legislative process.
The immediate use of Prosecutorial Discretion by either President Aquino or the Secretary of Justice Caguioa will instantly solve this serious “Tanim Bala” problem. Again, with all due respect, I hope they use this important principle to serve the people’s and the nation’s interests.
Note:
Atty. Ted Laguatan is a human rights lawyer based in the San Francisco Bay Area. Email: laguatanlaw@gmail.com, Tel 650-991-1154. He is only one of 29 lawyers whom the California State Bar has officially certified continuously for 25 years now as an expert lawyer in Immiration Law. He also does accident injuries, wrongful death and complex litigation cases.
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