O n the basis of the investigation reports (38 reported killings and
harassment gathered from the C H R Regional Offices), most of the perpetrators
are perceived to belong to the militaiy and/or paramilitary arms of the
government. Some of the investigations have been closed for monitoring due to
various reasons such as, but not limited to, its consequent filing i n court and lack
of information due to refusal of witnesses and family members to shed light and
furnish details on the incident for fear of their own lives, some have even gone to
the extent of transferring residence i n order to avoid whatever repercussions the
incident may cause them.
Aside from the rights to life, liberty and security of persons, other rights
violated are the freedom of expression and association which are foundations of
democracy. T h e right against discrimination is likewise breached.
Since time immemorial, our country has always adhered to the principle
that " o u r s i s a g o v e r n m e n t o f l a w s a n d not o f m e n . " T h i s simply means
that no one is above the law, " n e m o e s t s u p r a l e g i s . " Not even those who
possess power has been given the unbridled right to use (or abuse) it.
No amount of reason will justify the indiscriminate killings committed by
any person, m u c h more by the military, against the ordinary and helpless citizen.
Not even membership to any group or organization is reason enough to justify
this kind of summary execution. I n fact, this runs counter to the constitutional
guarantee of presumption of innocence unless proven guilty. These summary
executions without due process of law has no place in a cultured world.
Bayan M u n a is a duly registered political part>^ and the killing of any
person by reason of his membership to the same is illegal and inhuman. The
Constitution itself guarantees this right to association. The only limitation is that
its purposes must not be contrary to law. Bayan Muna's regisfration with the
C O M E L E C showed not only its regularity but also its legality.
Again, the military must be the protectors of the State and its citizens and
not the oppressors a n d violators thereof. No one may take the law into their own
hands. Otherwise, the justice system and the courts of law will serve no purpose.
T h i s is what separates the civilized world from the barbaric one.
"Juris praecepta sunt hec, honeste
vivere, a l t e r a m n o n
s u u m c u i q u e t r i b u e r e . ' " T h e precepts of the law are these, live honestly, not to
injure another and to give each one his due.
T h i s m a x i m sums up the totality of every man's duty and responsibihty to
society in general. T h u s A r t i c l e 19 o f the C i v i l C o d e provides:
"Every person must i n the exercise of his rights and i n the
performance of his duties, act with justice, give everyone his due,
and observe honesty and good faith."
A chapter on H u m a n Relations was formulated in the New Civil Code, to
present some basic principles that are to be observed for the rightful relationship
between human beings and the stability of the social order. T h e lawmaker makes
it imperative that everyone duly respect, the rights of others (Report of the Code
Commission, p. 39). Indeed, the said Chapter is calculated "to indicate certain
norms that spring from the fountain of good conscience. These gjiides for human
laedere^