How will you describe employees who act like Col. Moammar Gaddafi of Libya? Are they to impress their employer or congenital tyrants?

Merriam-Webster’s Dictionary define tyrant as – “a person in a position of control who exercises unlawful or improper authority or lawful or proper authority in an arbitrary or oppressive manner: one who by unfair or unreasonable demands or rigorous exploitation imposes burdens and hardships on those under his control: something that imposes burdens and hardships like a human tyrant.”

On recent September 16 at around 8:00 in the morning, Energy Development Corporation (EDC) Security Guard Commander Eduardo Poliquit with Security Guards Gregorio Loigo and Jaime Amit hold passages of a Canter Service truck with plate number RFX 870
owned by Gloria Salas at an illegally constructed check point at the Barangay-owned road at Tongonan, Ormoc City.

The Barangay blotter states that the truck was loaded with abaca fiber purchased from Claudio Tano, a resident-farmer of the aforementioned barangay.

The security guards without search warrant required the downloading of the fiber purportedly to find out whether scrap materials were embedded. Farmer Tano was required to secure a permit from Environmental Management Division (EMD) of EDC. Without the permit the fiber was not allowed to pass.

Tano who complained to the Commission on Human Rights Regional Office at Tacloban City stated that he was forced to sign an “undertaking” with several stipulations and conditions, one of which is that he first must notify the Office of Energy Development Corporation the next time that he would deliver similar products.

On what authority or law the security guards or the Energy Development Corporation have to hold the delivery of agricultural products? Is there an Ordinance or law that establishes the construction of a check point along the barangay road to freely search the vehicles? Are the security guards deputized to perform the duties of the policemen?

The check point is located at the entrance of Barangay Tongonan. It is in violation of the Constitutional rights of the Filipino citizen. The 1987 Constitution, Article III, states:

“Sec. 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.”

The right of Claudio Tano to transport the abaca fiber with an order from the court is a violation of his constitutional rights. Likewise the security guards violated the Revised Penal Code, Article 177 that states:

“Usurpation of authority or official functions.- Any person xxx xxx who, under pretense of official position shall perform any act pertaining to any person in authority or public officer of the Philippine Government xxx or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods.”

Said penalty translated on a layman’s language is from six (6) months and one (1) day to four (4) years and two (2) months imprisonment.

Besides Article 177, the security guards violated Article 267 that states:

“Kidnapping and serious illegal detention.- Any private individual who shall xxx detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death.”

One of the elements clearly states in paragraph 2 thereof: “If it shall have been committed simulating public authority.”

Retired Associate Justice of the Court of Appeals Luis B. Reyes commented in his book, page 542, “Illegal detention is a crime against personal liberty and security; arbitrary detention is a crime against the fundamental law of the State.”

A person who commits the offense for illegal detention is a private individual; whereas in arbitrary detention it is committed by a public officer or employee.

They did not only detained Claudio Tano, but conducted an illegal search

The security guards may feign ignorance but they have already violated the law. It is already consummated.

Atty. Paquito M. Nacino, CHR regional director, wrote Engr. Manuel C. Paete, resident manager of EDC Leyte Geothermal Production Field requesting to comment on the incident and for them to know the basis of the requirement imposed by the security guards. (Email g_duna@yahoo.com)

By: Fidel D. Banzon