Saturday, November 5, 2011

The Rebels' Haven

                          Laws are promulgated in order to regulate the affairs of men, to protect every individual from any injury, and, among others, to promote the general interest of the public. In other words, its concept is to maintain order and secure to every living citizens the enjoyment of their basic rights, privileges, and, as well as their fundamental freedoms. Most of the law created by the law-making body defines a crime, treats of its nature and provides for punishment. One of the law’s basic characteristics is territoriality, where it is applied in the territory over which the state has sovereignty and jurisdiction.


                         In cases where a State cannot effectively carry out its obligation to enforce the law in certain parts of its territory, it strikes an unparalleled failure on the part of the government to assert its sovereignty to every composite part of its territorial jurisdiction. It must be remembered that a law distinguishes neither place nor day for its application so long as it is effected within the territorial responsibility of the concerned state, with the end in view that no one goes unpunished for a crime committed.

                         The so called “Area of Temporary Stay” enjoyed by the Muslim insurgents is a blunder to the Philippines’ territorial integrity, as the law enforcers cannot extend the arm of the law on such areas since it is controlled by the rebels. In addition, for a successful entrance over the area, coordination must be made by the government to the insurgents. Where a criminal or an offender seeks refuge in the area of temporary stay, officers of the law will cease its pursuit over the former since they will be entering a haven where a need for formal offer of entrance is indispensable.

                         Accordingly, lawless elements would be free to enjoy impunity and easily escape arrest by simply laying his foot on the rebels’ dungeon. It would be to recognize an entity its sovereignty when an area of temporary stay is allowed. A law punishes its violators; it haunts them to every inch of the territory where they choose to hide; more so, it accepts no reason for its non-application. Thus, when a law is served, justice is well in place as the paramount objective of the government to bring in peace and order, but when its application stops at the doorstep of the rebels’ house, where it only gaze the offenders swiftly eluding the force of the law, it shakes the foundation of the Republic as a sovereign nation.

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