Khaki and Red

Media

Part of Khaki and Red

Title: Khaki and Red
Issue Date: November - December 1962
Identifier: Official Organ of the Philippine Constabulary
Year: 1962
Language: English
Rights
extracted text: BRIGADIER GENERAL DOMINADOR F. GARCIA 21st Chief of Coutabulary CONTENTS The Turnover , . Affidavits- Their Signific;,nce and Prob.JtiV<l Value . The Covrt-Martial Sentence . Roed·Sefety and Economy The Trefcon Story Legal Opinion Dlge~t . Sl:ientifie Criminal lnve uigetion . Handling The Labor Dispute . The ton~ept Of Trade Unions . The Industrial Peace Act . The Picket line LeborRelati?r>S ln1titute. The HPC Enlist<'!<! Men's Club . Courage: The Right Way . Automatic Burglar Alarm , Puye 12 13 15 16 18 Andres Bonifado-- Hero of Manila 20 Cm Publoc Servitc 21 Speaker Speaks to Police Graduates 22 live Again The Good Old D~ys . Eave$dropping And The Law Philippine Town Surveys , CPX "SUBO<" Report To The Ei!)hth APACL ·Conference PC In Sports 52 53 EDITORIAL {t has been pointed out bluntly that " the PC has not been too successful in stopping the trafficking in smuggled cigarettes," that rampant gambling is "going Oi.l in clandestine dens and ca~iuos in many of the large cities in the country," aud that trav-elers an: , not "free from molestation by lawless clements." Futthcr it was 'nit - ten that " the HUK problem, fortunately, is not the serious threat that it once was. Still, the No. 1 HUK, Jesus Lava, has defied all th-e efforts of the PC to capture him. While Lava r-emains at large, he and the hard core of dissidents under him will continue to be a thvrn on the PC side." And as a concluding statement, it was written that ''General Garcia, therefore, has his work cut out fo1 · him. But he is a competent, capable man. We congn1tulate him on his appointmt>nt and voice the hope that he will meet the problems squarely." The foregoing is an honest year-end appraisal of the situation facing the Command in 196:{. We cannot but talie guidance from this external source. Added to our own survey of the problems of t he Command, it could be the civilian partner's contribution to the over-all assessment of what could well be the special tasks of the Philippine Constabulary for the new year. For if these are the iFs that throb then certainly they deserve p1·imary attention. "That we may live in peac2, unharmed." To this prayer and pledge the Philippine Constabulary is likewise committed. Let us no~ forget the evil that seel;:s emergence from among our youth, our schools and institutions. In the flun·y of everyday problems- of corruption, filth, bandit~ ry, smuggling - your national police is also waging a war to the death - against Communism. To the solution of these problems, we dedicate ourselves. In T~n~h~~~~in.':" .. KHAKI AND RED MAJOR COl'1STANTE M A. CRU Z Edit<;>c I< Geneul Manager Shbacription R"'ea ~k"r!0M'.:';,h."·: ..................... . In The United Stata of Am.,rioa 6 Abroad : One Yu.r . . Six Month& ..... ThU<> M<1ntho. . ...................... .. Ent•,-.,d Aa Secon<l Clua Mall At Pnet Otri<:<>. Manila. On No,·tmbtr 6. 1926. Sit1!'lc CeM: Pt.OO Vol. X:\XV, Hu•lquar~ro. P hlllf'plne Conotabul..-y, Camp Crame Qunon City, P hllippinea 71011 or 66Ell thru 6C620, lout (·H-83 THE TURNOVER By a Staff Membe1· I HI I I . ~ ~ • Chief Qj Constabulary Brig. Gen. Dominador F. Gnrcia receives the saber, symbolic Qj command, from Ute then Actiny Chief Brig. Gen. Niranor D. r.arcia. HAIL the Chief! Brigadier General Domina·Jor F. Garcia became the 21st (" icf of Comtabulary when he took his oath of oifice before Prtsident Diosdado J\lacapagal on J ::muary 4, 1963 d !'lia\acafiang. On hand were Defense and other govc1 nment officials, ranking officers of the Armed Forces and their ladies, his staff, and well-wishers. Amid~l handshakes, I he new chief seemed to scan the fac.es of officers who were there to wish him a successful tour. That he seemed mentally forming his staff then was borne out by the immediate announcement of his Secretary of the Constabulary Staff, Lt. Col. Bruno G. Balancio. This was followed by the announcement of his new general staff: C1, Col. Esmeralda R. Lazaro; C2, Col. Ft·ancisco M. J imenez; C3, Col. Delfin E. Argao; C4, Lt. Col. Pedro G . .Javier: C5, Lt. Col. Onofre T. Ramos. Lt. Col. David C. Adventur;ldo was designated Camp Commander. From Malacafwng, he accepted the command of the Phili]lpine Constabulary, at simple ceremonies at Camp Crame, from the acting chief, Bt·igadict· General Nicanor 0. Garcia. In the early afternoon, he motored to Fort William McKinley to tum over ~tc command of the Philippine Army to Brigadier General Ricardo G. Papa. He had indeed a busy day. And so to General Nicanor D. Garcia, \'>'C bid a fond adieu. His one year as acting chief was choracte't'izea only by accomplishments. If he considered the command of the Philippine Constabulary as the fulfillment of all that he desired in life, as a sort of crown to top his military career, then he could say with pride: I am not obliged to win; I :~.m only obliged to try. For the record. through the pages of the 1\HAtU and RED, we take pleasure in repnnting what the Page 4 Philippine At·my lnformation Office has writ1.€n about the new Constabulary Chief: BIOGRAPHICAL SKETCH An exccplionally brilliant and distinguished offtcer is the new Commanding General of the Philippine Army, Brig. Gen. Dominador F. Garcia, whose military career is replete with colorful and outshncling accomplishments. Born in Malate, Manila on November 22, 1912, Gen. Garcia started his military education when he topped the entrance examinations for cadetship in the Philippine Military Academy, Baguio City. After his graduation in 1936, he was commissioned 3rd Lt. ana assigned Junior Officer in a Constabulary unit in Sta. Cruz. Laguna, where he proved his mettle dut·ing the Asedillo uprising. Then folli'W· ed his other assignments: Student Officet· in the School for Regular Officers, Camp Murphy: Cadre Comdr, 8th Iloilo Cadre; Bn Tac OFF, SRC, Camp Keithley, Lanao; Instructor, Pl\IA, Baguio; Student. The Infantry School, Camp Murphy; and Comdt, ROTC, Lacson College, Manila. At the outbreak of World War II. Gen. Garcia, then a Captain, inducted into the USAFFE, was G3 of the 81st Divisipn until the PA forces surrendered to the Japanese in May 1942 In 1945, he attended the CGSC, USA. Subsequently, he became chief, Plans Div, G4, HPA; Dep & Ex 0 , G4 Div, HNDF; assigned ROTC Units and 5th BCT; G4. PGF; G4, II 1\IA; G3, II MA; Chief of Staff. IT 1\IA; CO, Thunder Sector; Dep Comdr, 1I MA: CO, Task Force Martian; Supt, PASC, PATC and ACofS, G4, CHQ, AFP. (Continued on po.!Je -4.5) NOVEMBER-DECEMB!R, 1962 AFFIDAVIT STheir Significance and Probative Value E~:eL~~~i:;~,~:~o~~o~~ :;:t ~~~;de~~tsC~~~\:~ admitted as evidence in criminal cases. Instan..:es may be cited in U.S. ,._ Esco!lde, 25 Phil. 579, 580 and in U.S. v. Javie1., 37 Phil. 449, 451, the latter citing Justice Day of the United Stales Supreme Court in a case of Philippine origin, Dowdill v. U.S. (1911), 221 U.S. 325. This stand of our Supreme Court has not changed since then. Lately, in People v. lHariquina, 84 Phil. 39, 42, the same court held: Generally, an affidavit is not prepared by the affiant himself, but by another who uses his own /angMye in writing the af/Wnt'8 statem.ents. Omissions and understandings by 01€ w1-iter are not infrequent particularly under circumstances of hurry or impatience. For this reason, the infirmity of affidavits as a species of evidence is much a walter o/ judicial experience. By Maj. Buenaventura f'enumdez a11d often inaccurate, sonwtimes /ro11~ 1)(}Ttial suggestion, and sonwtim.es /rMn wmtt of fmggestion• awl inqui1·ics, without the nid of which the witneu may be unable lo recall the connected oollat41ral circumsltuu·es necessrtry for the correctiQn of the {fr;;l suggestion of his memory, and for h~ acc1tmte recollection of all tlmt belongs to the s"bject!' (! Moore ott Fnct.~, 109.'.·1095). This r uling is repeated in several other cases; namely, Campos v. Govemmcnt, CA-GR No. 9137, March 25, 1942, 2 O.G. No. 7, July 1943, p. 686; People v. Patinio, CA-GR No. 2691-R, Nov. 19, 1948; People v. Paguilican, CA-GR No. 10837-R, Feb. 24, 1954; People v. Dimdim, CA-G.R. No. 7395-R, Oct. 26, 1953; People v. Timbang, 74 Phil. 295, 299; People v. Fader, G.R. No. L-5732, March 12, 1954 and many more. Another renson why affidnvits are not admislr.firmities of affidavits, as species of evidence, are much a matter of judicial experience. Again in People v. Mones, G.R. No. L-2029, May 26, 1950, the Supreme Court in believing more the testimony of the witness where it was at variance with his pre\'lous sworn statement or affidavit said: The defense also points to nn npparent discn.pancy between Fr. Gabricl'11 a.ffidaJJit taken /Jy A sst. Prov. F'iscal Palisoc (<'lid hi~ t.esti11umy during the t-rial. In his affidavit, F~·. Gnbriel fail<:d to flUmtion that he told Leoncio Mones and Crm-pu/o Pangangann that Juan Mones was the one wl.o Mot at Capt.. Doliente. Omi11sion.~ ()/ thi:J kind 11re not infrequent in affidavits which a:re almost always incomplete a1zd oftctt inaaurate sometimes from want of l'ili9[JCStions or inquiries wiUwut the aid of which the witness may be wzable to recall or -mention collateral circum.<:tanccs. A ml furtht.rmore the omitted detail in the instant case cannot detract from. tlw fact that Fr. Gab1iel did see Juan l'rtones i1~ the act of shooting at Capt. Doliente. A Similar ruling was enunciated in People v. Tan, et al., G.R. No. L-516, Jufle 29, 1951. In J)nrt, the high court ruled: A s aptly pointed oztt by the Solicitor-Ge!zerul, the contradictions, i/ any, ·m.ay be e::tfJlained by the /ad that an "affidavit x x x will not always disclose the whole facts and will oftentimes am/ with~ out deltign incorrectly describe without the deponent detecting it, some errors in the occurrcn'c narrated x x :t" (.2 Moore on Facta 1098) and "being taken ex parte, is almost rtlways inc011~pletc KHAKI & REO sible as evidence is because they a1·e hearsay. The hcar!iay rule prohibits proof of a fact by having a witness testify to what nomeone else told him or by mtroduclng a book. document, l'eport, or other paper in which statements are made, or by producing a written statement made by .-;omeone not in court. (Continned on pnge 41) Page 5 THE COURT MARTIAL SENTENCE By Maj. Dc .. mingo C. Reyes N~~~·~:~~!~ :;,~:~~:a~;i~1scf:t~~~~~~~fi~o~~:~ tion or acquittal. But, insofar as the execution of the sentence is concerned, the court-martial that imposed it is no longer a party to the same. The senlence promulgated by the court is merely a recommendation to the authority who constituted it. The J;roccedings of a cour t-martial pertaining to a case hoard by it partakes of the nature of a repor t o( a llody of officers addressed to their superior officer who ordered them to make it, the whole court-martial process not being complete :md the sentence has i10 effect until the same shall have been approved by the officer appointing the o.:ourt or by the officer commanding for the time being. In military parlance.. the officer appointing the court refen·ed to is commonly known as the Convening/Reviewing Authority who is usually the commander. ~· That no sentence of a court-martial shall be executed until the same shall have been approved by the o~ficcr appointing the court or by the officer commanding for the time being, connotes a meaning not too absolute. It simply means that all other actions necessary must precede the approval of the convening authority before execution of the sentence is ordered. There are courts-martial sentences which, in addition, need certain requirements before !.hey can be carried into effect even after the approval of the Convening/Reviewing Authority. These are : ( 1) approval of a n officer authorized to nppoint a general cout·t-martial, (2) action of the Boa,.d of Review which shall be approved by the Judge Advocate General, and (3) confirmation by the Pn:sident. Consequently, therefore, the executions of cour ts-martial sentences may fall under four categories, namely: (a) those which can be carried into effect merely after approval by the Convening/ Redewing Authority; (b) those which require the approval of the officer who possesses the general court-martial jurisdiction of the command ; (c) those which can not be ordered unless and until the Board of Review, with the approval of The Judge Advoc:tte A Court-Martial i1t Seuion Pag~ 6 NOVEMBER-DECEMBER, 1962 Execution of a court martial sentence is dependent on superior authorii:y creating the court martial. The Presidene of the Co1trt re11d.s the sentence Geneml, shall have held the record of trial upon which the sentence is based legally sufficient to support the sentence: and, (d) those which, in addition, require the confirmation of the President. Although the three categories (b, c, d) relate to conditionR precedent before execution of the sentence can be ordered, the approval of the Reviewing Authority should precede these actions. These sentences, notwithstanding the expressed approval cf the Reviewing Authority, sli\1 are of recommendatory nature unless and until the requisite requirements are complied with. Approval of a sentence by the Reviewing Authority must be expressed whethe1 · orally Ol' in writing. An approval of the findings only is not sufficient to make the sentence executory. The . disapproval of a sentence by the Reviewing Authority closes the case, and its confirmation or dJS;Ipproval by higher superior authol'ity is not required in any case. Since this is also an action by the Re\•iewing Authority, the same should likewise be txpressed. Decisions of acquittal or a finding of not guilty neither needs be approved or confirmed, nor disapproved. Such action, in any case, will not affect the finality of the acquittal or findings of not guilty. On this particular instance, the sentel'ce of a court-martial is not any more a mere rec('om· mendation. KHAKr "&.' RED In cases of convictions, the penalties imposed are graduated commensurate with the gravity of the offense committed. The Table of Maximum Punishments in our Manual for Court-Martial provides the guide for the purpose. In all cases where the sentence of a court-martial does not exceed confinem~nt at hard labor for more than six months and twothirds forfeiture of pay, Ol' pay and allowances, and involves neither dishonorable nor bad conduct discharge, approval of the same by the Reviewing Authority renders the sentence executory. However, a sentence involving dishonorable discharge, bad-conduct discharge o1· confinement Ill a penitentiary mny, upon approval of the same by the Reviewing Authority, order its execution of the conviction was bastd solely upon findings of guilty and a specification Ol" specifications to which the accused pleaded guilty. Special Courts-Martial may impose upon the :tCcused a sentence of bad-conduct discharge. A sentence of this nature, before carried into execution. shall be appro\·ed by an officer exercising pene1al court-martial jurisdiction over the command in addition to the approval of the same by the conveni11g authority. If the convening authority who nppointr-d the specinl court-martial that imposed the sentence also exercise~ general couds-martial juri>idiction, ap(Colltinwul o~t J>age 37} ROAD SAFETY and ECONOMY By Lt. Col. Paterno R. Santos, QMS Authorities concerned must be familiar wit h factors of road efficiency, time and space. R~i~~ ~~~:~~~i!~!~~S~~e~-~,c~o~~do~;,t,:~ we but know what to do with it." In our ordinary day-to-day activities, as well as in time of emergency, we would do well to take heed of the above quotation. In the event of a r.ecessity to evacuate a designated Target/ Troubled Area in Luzon and elsewhere in the Philippines, the national and provincial highways will have to be ut ilized to their maximum road capacity. The pel·iod of time involving maximum utilization will vary accordingly with the number of vehicles in the area, road conditions, orderliness in which traffic i:tl directed, and other attendant conditions. The Philippine Constabulary, which is the national police agency vested with overall supervisory authority over the majority of the civilian police forc('S, can and will play a very important role in the orPage 8 derly, efficient and safe utilization of road ways both in peace and in time of emergency. It is, therefore, important that each member of our law-enforcing agencies be familiar with factors governing road. capacities, road capacity efficiency, problems on "time and space," etc. The purpose of national planning is to get mnx· imun~ effort and capacity from the industrial, commercw.l, and service facilities of our country. Related to planning is the optimum base from which expansion should begin, considering such factors as the capability for immediate expansion, financial ability to preserve a healthy economy as a matter of national policy; t ime factor involved; the resultant effects; etc. Several other factors are both complex and intangible, and they make up the vexing problems (Continued on page 34) Disabled vehicks are a great detrimental effort on road capacity, espt>cially when they are not immediately cleared off the tTajjic lane. NOVEMBEI"!-OECEMBER, 1962 Aware of its limited Facilities, TRAFCON concentrates its operations on critical areas. 2 CONGRESSMEN DIE IN CRASH A ~~~~~n~r:s.::~:!~; i~t:~7z;e:a~d ~~~4ivztr others, induding another solon, were seriously injwred when their car returning from La Union cra.shed into a gravel truck in Barrio de la Paz, San Fernando, Pampanga, at 6:10 P.M. today. Killed on the spot in the national highway be. tween Kms. 75 and 76 were Rep. Gregorio B. T•.m of Samar and LP Rep. Lorenzo Ziga of the first district of Albay. Injured were LP Rep. Pedro Trono of the first district of 1/.oilo; Dr. Manuel Arambula of the lJureatt of Hospitals; J"irM Rodolfo, Secreta:nJ of the House committee on Health; and Ros.endo Andrada, driver ... The car was running between 40 an'd 50 kilometers per lwur. The TRAFCON Storv By Benjamin L. Corpuz 6 HITCH-HIKERS DIE IN SORSOGON Surigao, Sorsogon, November 21, 1954. A Philcusa-F'OA dzwtp truck was reported yesterday to have crashed into a ditch in LA.'anga tov'tl, pinning to death 6 civilian hitch-hikers and injuring 7 others. The driver retJortedly had no driver's license and was driving at a fast clip when !.is. lmtck swerved to the right upon hitting a rock on the highway. It fell into a ditch and all the 6 were killed outright when pinned under the truck . 6 KILLED IN ROAD ACCIDENT Dagupan, Pangasinan, November 24, 1954. Six were killed and two are dying while 22 other8 were seriously injured when a Philippine Rabbit bus from Manila bound for the /locos crashed into a parked cargo truck in Barrio A nonas, Urdaneta, Pangasinan, at 4:00 A.ll!. today. The cargo truck, parked because of a flat tire, was filled with 120 sacks of rice. The tail lig:1ts were on but the Philippine Rabbit bus approached in high speed, It crashed into the truck with a KHAKI & RED A little elbow grease applied 01~ car number plates would go a long way in identifyino the vehicle in a hit· and-run case. very terrific force fhat all the rice wa.s spilled all around the crash site . . . . all from the Manila Times. The fate of the two congressmen and several other victims of road accidents of catastrophic proportions, such as noted above, aroused public indignation and focused national concern over the seriousness of the highway situation. A regior.al conference of all police chiefs, traffic officers, constabulary agents, Motor Vehicle Officers, and bus representatives disclosed that more people die in motor accidents than in battle clashes between g.:.vernment troopers and dissidents in ihe Philippines. At least five persons killed daily due to motor vehicle accidents, was the estimate agreed upon during the conference held by the country's top (>Xperts. In the wake of a nationwide war against traffic violators, Vicente Oroza, then Acting Secretary of Public Works, recommended the establishment of the nucleus of a national mobile police, patterned after that of the United States. This was to be composed of 6 units with one PC lieutenant and one MVO inspector in each unit. No1·thern, Central and Southern Luzon were to have one unit each ; Eastern and Western Visayas, also one unit each; and another unit for Mindanao. As a result of the Oroza recommendation, nnd his personal concern for the safety of motorists and the general public on the highway, then President Ramon Magsaysay issued a directive- cllupled with AFP General Order No. 535-creating the Philippine Constabulary TRAFCON Group, primarily, to coordinate agencies engaged in traffic conhol and intensify the campaign against violations of traffic rules and regulations. Thus, TRAFCON was born. Col. Mariano Azurin, ex-commanding officer of the first contingent (PEFTOK) sent to Korea, was handpicked by Magsaysay to head the new TRAFCON group. This however, was but a re-activation of the basic PC pre-war function of enforcing the (Continued on page 39) Page 9 LIGAL OPINION The guaranty of freedom from unreasonable searches and seizures recognizes exceptions. 0~ SEARCHES and SEIZURES CYt~e~~~;P~:i:~li~P'::nt~e\~~a~~ve;~1ml~11 et ~~~~i\~·; against venalities and illicit practices, have btought about situations and circumstances requiring legal and technical clarification. The more prominent and frequent of these &ituations and circumstances involve the matter of searches and seizures. In this connection, the < IUf'Stion now arises: "May a vehicle and/or moving object be searched without search warrant?" The guaranty of freedom from unreasonahle sca1·ches and seizures recognizes exceptions, one of which is the search without warrant of moving < ·bjects, such as vehicles and vessels. This exception is due to necessity arising fl·om the impracticability of securing a search warmnt because the vessel o1 · the vehicle can be quickly moved out of the locality or ju1·isdiction in which the warrant must be sou:;ht (See Carroll vs. United States, 267 US 132). However, those lawfully within the country, entitled to use the public highways, have a right to free passage without interruption or search unless there is known to a competent official authorized to search, probable cause for believing that their Yehicles are carrying contraband or illegal merchandise. The measure of legality of such seizure, therefore, is that the seizing officer shall have !'casonable or probable cause for believing that the automobile which he stops and searches contains contmband goods which are being illegally transporh d (47 Am. Jur., 513-514). It would therefore appear that in every case, the seizing officer would still be acting unlawft:lly Page 10 and at his peril unless he can show probable cause. In other words, to be exempt from a suit for dam- 1 ages or any possible criminal action f~r violatio~1 .or any of the civil liberties guaranteed m the Phllippine Constitution, the searching officer must be able to establish satisfactorily that the factual Circumstances immediately preceding his search were such that had he chosen to apply to a proper court for a search warrant, he would have been entitl£-d to the same in the normal course of events. If he would not have obtained the warrant, then the searching officer is in grave danger of being ma<!e to answer, either criminally or civilly, for his action. Probable cause may be defined as such reason, supported by facts and circumstances, as wo•Jld warmnt the act of a cautious man in the belief that his action, and means taken in prosecuting it, are legally just and proper (US vs. Addison, 28 Phil. 566; See also PP vs. Syjuco, 64 Phil. 667). It is, however, emphasized that save as inUicated above, nothing in the foregoing may authorize an agent of the law to "subject a ll persons lawfully using the highways to the inconvenience a'!d indignity of a search. Only travelers crossing an international boundary may be stopped and their vehicles searched without a warrant because of national .'!elf-protection reasonably requiring one tntering the country to identify himself as entitled to come in, and his belongings as effects which may be lawfully brought in" (Cooley's Confll. Limitation, 8th ed., 629). It is likewise emphasized that nothing in the foregoing may authorize the se;u·ch of the persons who may be occupants of t he car which may be searched under the circumstances cited above. 'l'he mere presence of said persons in said car does llOt make them lose the immunities to which they would otherwise be entitled (US vs. Di Re, XIII Lawyer's Journal, 118). 1l is to be understood finally that if the object of the search and seizure includes smuggled dutiable goods, the prerogative of searching moving vbjects, such as vehicles and vessels without war rant under Sec. 2211, RA No. 1937, may be exercised ONLY BY PC PERSONNEL DEPUTIZED by the Commissioner of Customs pursuant to Sec. 2203 (c), RA No. 1937. NOVEMBER-DECEMBER, 1962 SCIENTIFIC CRIMINAL '-J-,.,.,.,.,...,~ 9~· NEW FORENSIC APPROACHES By a Staff Member Crime detection technicians must constantly grow in knowledge to keep abreast with modern trends. WITH this issue, we arc inaugurating a section on the technique of scientific crime investigation. In the main, the section will be devoted to articles on laboratory functions and procedures. We aim to impart to our readers and to all PC military personnel, as well as to the interested public, the best information available concerning various forensic science subjects, observations and scientific procedures designed to improve and enhance our service to the nation. It is hoped that the information to be gleaned from subsequent r.rticles will have pott'nt and far reaching effPcts on the practice of criminology and on the appreciation of criminalistics in our country. We will try to cover all fields of forensic sciences, like crime de· tection, ln\·estigation. Polygraph)., Police Photography, Fingerprinting and Dactyloscopy, Foren~ic Chemistry, Forensic Psychiatry, Firearm Identification, Trace Evidence Identification, QD Analysis, Toxicology, Spectography, Microscopy, Hematolor-y, and Legal Medicine. Althou.gh these subjects are of practical interest mostly to police officers, the interested public will not be deprived of the valuable information pertaining to detection and weed· ing out of criminals in om· society. The different fo•·ensic approaches are not sta· tic activities. Every now and then new methods of identification are developed in police laboratories. Technicians of various fields of endeavors must constantly "grow" in their knowledge in order to keep abrea.<:t with the world's best and thus cope with the rising tide or criminal and subversive activities. We intend to apprise our readers of our part in safegua1·ding the younger generation r:.nd KHAKI & RED in making them realize that there is no glamor or glory in crimes. Through the science of identification and crime detection we hope to have a part in minimizing if not eradicating, lawlessness and thereby share with the entire PC Command the vital task of maintaining peace and order. New Look A ~a;~a:p:~e 0:en:v~~i:n i::t:~;e;~~t. i~:i~~ inally, the laboratory was jammed into a small utility room. t\s a l"Csult. the chopped-up work space cut sharply into the laboratory's efficiency. How(Continued on page .47) MAJOR ANTONIO U. BRIONES, MC Chief, PC Criminal Laboratory Page- 11 The mission of peace officers during strikes is to maintain peace e~nd order and protect life and property. B~;~;~~t:~ ~:;~ell~n~~;t:hi~x::\:~: \~~~h \;.~,~~ own government. It can be said that public interest can be se1·ved best when laws are enfo1·ced dfectively and peace and order is maintained properly. It is for this reason that city and municipal police forces, the Constabulary and other national law enforcement agencies are organized and ma;ntained by our government. Luw enforcement and the preservation of peace <lnd orde1· arc continuing activities of police agt:ncies and this task and responsibility become doubly demanding and delicate during labor disputes. The role of peace officers during labor dispute, especially when such disputes result in "Strikes" o1· "Lockouts," is exacting and 1·equires not only knowledge of the situation and circumstances but also determination, patience, tact and understanding of hum;..n nature. Consider the term "Labor Dispute." The term includes any controversy concerning terms, lem11·e ever there is an actual or impending threat to peace and order. Very often, labor looks at peace officers with suspicion and distrust. Such attitude is understandable. In fact, we hear or read quite frequen~ly about peace officers allegedly obstructing or int(.l·fering with peaceful picketing. It is no wonder that some of our peace officers have found themselves charged under RA No. 1167, the Revised Pen;~! Code and other laws affecting them. It is imperative that this attitude of labo1· and sometimes, even of management, about peace officers be changed to one of trust and confidence. Failing to achieve this change, there can be little or no respect for or voluntm·y obedience to our authority and we cannot cxptct spontaneous public support and cooperation in the maintenance of peace and order in the strike bound '!'he question may be asked: "How can peace officers play their role during labor disputes so as to keep the strike and/or picketing lawful and peaceHANDLING THE LAB OR DISPUTE T?y Lt. Col. Luciano Gunabe or conditions of employment, as concerning the <lS· sociation or representation of Jlel·sons in negoti-.ting, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer tmd employee. An industnal dispute may result in "strike" or "lockout." Strike means any temporary stoppage of work by the concerted action of employes as a result of an industrial dispute. "Lockout" means the temporary refusal of any employer to furnish work as a result of an industrial dispute. The mis!'lion of peace officers during strikes is to maintain peace and order, protect life and prcperty and perform such other tasks as di1·ected by proper authority. In the performance of this misflion, the principal duty of peace officers is to keep the "strike" or "lockout" peaceful and lawful. HowpveJ". the resolution of legal issues is left to the proper government agencies designated by Jaw. Peace officers are assigned in strike areas whenPage 12 ful?" There is a ready, two-fold answer to the <!UeStion: First is Service-Performance and Second, Official and Personal Norm of Conduct. Service is the physical and spiritual obedience in rendering the dut.y required of any office. Puformance is the act and manner of executing one's official duties. Official and personal norms of conduct refer to the standard behaviour manifested by the individual in his official and personal dealings. In order to render such type of service and performance during labor disputes, it is imperative tt.r.t a peace officer must know the laws involved and ~he procedure governing their implementation. As to t he laws involved, it is necessary that peace officers acquaint themselves with ( 1) RA No. 875 (Contimted on page 59) NOVEMBER-DECEMBER, 1962 The freedom enjoyed by a trade union must be exercised with due restraint and self-discipline. TI;z~t;o~~ t~:io:c:;::~: =~~ P;~~::·ii;d~~~~~: ment of the workers are an integral part of a modern democratic society. The governments and enlightened employers, accepting this fact, try to accommodate themselves with the basic needs and aspirations of the working people who mainly bear the brunt of social services and economic activity of the community. It is, therefore, unjustifiable to find the governments or the employers sometimes attempting to crush the trade unions engaged in collective bargaining for the purpose of guarding and improving the conditions of life and work of their membership. In spite of this, a trade union is bound to furJction effectively in a free society, provided it is organized and conducted properly. On the contrary, in a totalitarian society, where everybody and every organization is expected to play a subservient role For a union to act, is to enroll maximum membership, to collect dues regularly, to utilize union funds properly and to secure maximum participation of the membership in the democratic functioning of the union. (1) Membership- the strength of a union will depend on the representative character that has got to be established when negotiations and conciliations are to be started with the employers. (2) Finances - regular collection of union dues will keep the union functioning properly with the provision of a well organized office and an efficient staff. (3) The proper ut.ilization of union funds will give confidence to each member who will feel that his own contribution is spent in his own well-beiJLg. (4) Maximum attendance in the committee and membership meetings will indicate the general interest that is taken by the rank and file in the uni(1n. THE CONCEPT OF TRADE UNIONS By G . .111apara (ICFTU Representative in Southeast Asia) to the state, trade unions, as free agents, are l'Ot allowed to function or to act. The freedom which a tmde union enjoys in a democratic country has got to be exercised with due restraint and self-discipline, otherwise it would lend to self-destruction. A trade union will show its worth, usefulness and organized strength when it begins to act. For a trade union to exist is to act. We often find that trade unions are very actl\'e during strikes; but it would be seen that the suc· cess in a strike would largely depend on the continuous activity of a union before the strike beglln. Jt is like winning a race for which one has to keep one's body in form or in a fit condition always. Tn this small article I want to emphasize a few activities that a union should conduct before it gets rel\dy for an industrial action, remembering always in mind that a fizzled-out or an unsuccessful strike is the greatest disaster that can happen to a union. In· stances are not lacking when unsuccessful strikes have demoralized workers to such an extent that they become anti-union. KHAKI & RED Such meetings may be devoted to discussions of dayto-day problems and general demands. There are also other constructive activitles which a union can orgauize, like tl·ade union eduC'ation, and setting up a research section which will study economics of industry, as well as working class family budgets, wages, housing, welfare schemes and social security, etc. Such information would be essential when a union puts forth demands for an improvement in the wages or in other conditions of work. These basic activities will keep a trade union in fit condition to act decisively in times of em~r gency, like calling a strike. The trade unions have to remember that strike is the last weapon in their armory and it hurts both ways, one who wields and against whom it is wielded. Greatest precaution has, therefore, to be taken before direct action is resorted to. The following four conditions will go a long way to ensure a success in a strike: (1) legitimate and just demands; (2) public sympathy; (3) Page 13 TJ~~e~~i~i;~:l. :e~l.a~~~d B1 i!l 0~~eJ;:~c~o~!~~7~~ otherwise known as the Industa·ial Peace Act, by (1) conferring on the Court of Industrial Relations (CIR) the exclusive jurisdiction to impose penalties (Sec. 25) for violations of the Act; (2) re<1uiring an employer to file 10-day notice with the Conciliation Service of his intention to hire employes in place of strikers during a strike; and (3) considering the violation by either employer or employe of an existing collective bargaining agreement as an unfair labor practice. Because of O\'erwhclming oppo.sition from all quarters including labor unions, these proposed amendments were abandoned, and inste'ld an amendment by substitution to said Senate Dill No. 358 was filed. The substituted bill, which is entirely different from the original measure, seeks to penalize any "t>cace officer and/or armed person" who shall "transport or escort in any m<~nner any person who seeks to replace strikers within the premises of a strike area." A strike is usually manifested by a picket line. This is a valid exercise of the f1·eedom of expression, but it must be peaceful. (Mortera vs. C.I.R., 79 Phil. 345). Violence, intimidation, coercion or threats from any quarter including management and union, are not covered by the proper exercise of the right to picket. Hence, the objective of the amenriTHE INDUSTRIAlPEACE ACT By Sen. Ambrosio Padilln ter\'ening in strikes and picketing characterized with violence and intimidation from their side, for fear of being penalized. In short, peace officers would hesitate to keep peace and maintain order. There can be no question that above all other considerations, peace and order have to be ma·nThe Act draws particular attention to a significant requisite for issuance of a writ of injunction in a labor dispute. ment by substitution is laudable for the presence of armed men at the instance of capital or of labor must be discouraged :md avoided. Likewise, peace officers, charged with the duty of maintaining peace and order or of protecting life and property. must not take ~·ides during a strike, much less help "transport or escort" replaceme1:ts thru the picket line. l felt, however, that a peace officer must be placed in the same category as an armed perscm. If neither management nor labor can legally make use of violence during a strike, certainly an armed person, who is a stranger to the labor dispute, has no place in the strike area, much Jess to transpvrt or escor t "scabs." A peace officer also must not intervene in the strike, but he has duties to discharge in the strike area by way of maintaining peace and order. While lhis substituted bill prohibits aud penalizes only the tra nsporting and escorting of replacement of strikers, I felt it would have the general effect of discouraging peace officers from mPage 14 tained during a strike. As a matter of fact, the explanatory note of this substituted bill states that. peace officers "should be there to uphold the law and maintain peace and order." In the sincere lle· lief that this bill would have the effect. of discouraging peace officers from complying with their sworn duty to maintain peace and order, lest their actions be misunderstood and thus unduly expose them to complaints and criminal prosecution under the pmvisions of said bill, I brought to the attention of my colleagues in the Senate the advisability of distinguishing between an "armed pet·son" and ;rt. "pe:~ce officer." I also drew attention to the circumstances that under the Industrial Peace Act., one of the requisites for the issuance of a writ of injunction in a labor dispute is that "t he public officers charged with t he duty to protect complainant's property are unable or unwilling to furnish adequate protection" (subpar. (5), par. (d), Sec. 9). Labor has always conNOVEMBER-DECEMBER, 1962 PEACEFUL picketing is a lawful means of ia· bor union activity and is permitted in any bona fide conflict with an employer of labor. Organized labor has the rights of free speech and peaceful picketing. In peaceful picketing there is an entire absence of fraud, violence, coercion or anything of an intimidating nature. It is characterized by peaceful persuasion for the promotion of a lawful purpose. The term peaceful picketing implies not only the absence of violence but the absence of any unlawful act. It authorizes picketing which does not intedere with the person or property of another Ly the unlawful use of force, violence, intimidation or threats. It precludes any form of physical obstruction. or interference with an employer's business or the misrepresentation of the facts of the controversy, and should not go beyond the allowable area of THE PICKET LINE (Adapted) intimidate the patrons, and the pickets neither do nor say anything which involves any element of threat or moral coercion. (Bottling Co. YS. Lawlor, (Pa.) 18 Leh L.J. 243) Picketing is peaceful and orderly where fvur or five pickets remain in the neighborhood of i.he Peaceful picketing implies not only the absence of violence but also of any unlawful act. peaceful persuasion. The line between lawful and unlawful picketing is similar to that between peaceful persuasion and intimidation. The persuasi<'n that the law permits leaves the will of persons free to choose. It is addressed to reason. Thus, picketing is peaceful where representatives of the union are stationed upon a road or a considerable distance from the land where an employer is carrying on his business and the men who continue to work there are in no way molested; or where there is a small picketing patrol carrying banners that do not nusrepresent the facts: or where the pickets are confined to a reasonable distance from the entrance to a place of business so that they cannot annoy or Senator A m.brosio Padilla. keynotes labor-m.anayement relc~tio11s confab. KHAKI & REO . employer"s shop and only one is active at a time, the others remaining near enough to take turns as the active picl\et. And if that picket carries no sign or banner but merely walks back and forth on the sidewalk in front of and ten or twelve feet from the employer's shop saying "This store is unfair to organized labor'' or "Do not patronize t111s store," he is guilty of no intimidating or coercive acts. Only where pickets speak words in a menrcing manner or accompany them by a show of fon~e. may the words be found to carry a flavor of intimidation rather than peaceful persuasion. So long as no crowds are collected near the employer'~ business, and free entrance thereto is not impeded, where there are no threats or utterances of false statements, picketing is peaceful. If no crowds conglegate because of the movement of an automobile through the streets which uses a music-producing box to attract attention, there is no intimidation or coercion. However, a music box may not play loud and boisterous music. Whether picketing in any particular case is peacefully carried on is a question of fact. Minor disorders may occur during peaceful picketing, owing to the over-enthusiasm of the pickets, which do not render unions responsible and which they generally repudiate. But when a particular case is reviewed by the courts, there is a little jjfficulty in drawing the line between acts permissible and acts forbidden. (Exchange Bakery v. Rifkin, 245 N.Y. 260) The mere distribution of cards in the vicinity of particular place of business by members of a unicn, who do not speak while doing so, i:- peaceful. PHflons .receiving the cards are not put in fear of their p~rsonal safety if they proceed into the shop. So long as they are not addressed in a manner likely to create an impression of danger, s uch acts are lawful. (Kirmes v. Adler, 311 Pa. 78) LETTER The Khaki and Red Philippine Constabulat!J Jou1·nal and Genc1 al Magazine Philippine Constabulary Camp Crame, Quezon City Attention: J\·laJ. Constante Ma. Cruz Editor & General Manager Gentlemen: In OU1' world there are all kinds of men, each livinu in accordance with h1's chosen life philosophy and sf'rvice attitude. A good many who an endowed with the spirit of deep loyalty and self-sacrifice attune thei1· enti1·e being to responding fo the demand of serving the best interest of God, count111 and their fellowmen, in dis1·egard of thei1· own selves. The majority are indifferent, and some a1·e opportunists. To the heroic men of dedication and high purpose we Olt'e our divinity in life, the st1·ength of mtr 11ational economy, ihe dignity of our people and lhe m·esUge of our government. These a1·e the height.<J t01rard.s ~chich a peopfp should direct all their energies and time to acl.· i 'l'C, It is unfortunate that in our age tve have mo1·e about notoriety than herois1n in our readings. Is this because f1·om day to day more men do evil than good? It 1vould be more salutary in its effect upon ou1· mental health if our reading p11blic, especially the young, could have 1nore to read everyday about the good deeds of our people than othencise. The Philippine Constabulary stands as our national guardian for peace and order. The he1·oic deeds of the men in f(haki and Red, individually or collectively, are a beacon light to owr youth inclined towa1·d.s heroism during peace time. Let us all h(lpe that this image will hold eter-nal. Even in his ea1·/y youth my departed brothe1·, Lt. Fmncisco V. Canuto, only had one obsession in li]e - to join the Philippine ConstabulaMJ. He came to Manila after graduation from the high school in 1918 but failed to qualify as a Philippine Constabula1'Y Acade1ny cadet because of his height. This did not swerve him from his determination to be a member of that organization. He enlisted as a private from which humble beginning he rOHe in rank until by dint of service he finally joined the academy and became an office?'. Reconls of the Philippine Constabulary would bear out the fact that he pacified the colomms of Sia?·gao, Surigao, and to p1·eservc the peace of this yroup he transferred them to an lutcienda which he pw·chased in the barrio now called San Fmncisco in Mainit Municipality of Suriyao. It was 1rhile in 1·etinment in this hacicnfla, living with LABOR RELATIONS INSTITUTE _t\ ~~~~a~fouJ~s~e~~~~~u~~~dP~J);Ji~~ein~S~I~~~:~~~~ liu·y personnel .:-tnd other Police ofrict·rs throughout the country offer:; the following: OBJECTIVES: I. to help acquaint PC personnel and other Police officers with the status of Philippine labor-management relations: 2. to giw! PC personnel and other Police officers a working knowledge of the problems, l'ights and responsibilities of both labor a1,d manngement. which could well sen·e as their guidelines in conneclion with their dulit:s of policing industrial conflicts; and 3. lo orient. PC personnel and other Police officers en the t·nrious :neas of conflicts and issues invoh·ed in a labor dispute or strihs. METHODS OF APPROACH: In order to achi~ve the above objectives, discussions on the foll{'wing subjects will be undertaken; Page 16 1. The Role of Trade Unions in a Free Society 2. The Philippine Labor Movement Today 3. Labor-Management Relations: Practil..es and Principles 4. Labor-Management Relations: Areas of Conflicts 5. Labor and Industrial Conflicts G. The Public's Stake in Industrial Peace 7. The Role of Government Labor Agencies in Industrial Conflicts 8. The Role of Police Officers in JnduSt!'Jal Conflicts 9. Management and Industrial Conflicts 10. Thf' Goal of Industrial Peace CERTIFICATE OF COMPLETION : Each participant who shall have completed the 3-day Institute is entitled to a Certificate of Completion to be awarded by the University of the Philippines Asian Labor Education Center. NOVEMBER-DECEMBER, 1.962 THE HPC ENLISTED MEN'S CLUB By Msgt. Bonifacio Tubiera It has yet to undergo the process of growth, but club members are a determined lot. IN almost every big organization or establi~o.h ment there usually are clubs, associations and many other fraternity groups, all designed to foster harmony, cordiality and cooperation within such organizations or establishments. These groupings are not, necessarily, an organizational requirement. Rather, they arc manifestations of human relations for the ultimate good of society and of those who make up the society. The Philippine Constabulary is no excepli'ln. Within its fold, there exists a number of personnel associations and, as intended basically, they are for the common good of this National Police Organization and of its members. One such group in the PC is the I-IPC EM's Club. As the name suggests. it is an association of PC enlisted men in the different divisions, staffs/ sections and septtmte units of Headquarters Philippine Constabulary. It has to date, a membership of more than one thousand. The club officers for 1962 as finally constituted are: MSgt Eliseo V Fernandez, President: FSgt T R l\Ialonzo, Vice President; MSgt B Tubiera, Sf:C· retary (appointed); SSgt Carlos J\.Iufioz, Treasurer; the people to whom he had p1·omised his life assistance, that the Japanese caught up with hmtduring the occupation as an unsur-rendered of fica. What followed you have al·ready nanated in your Khaki and Red, September-October 1962 issue. The five other surviving brothers and siste1·s of Lt. Fnmcisco 1'. Can-uto join -me in making this acknowledgment of the time and effort you spent in making the n!sem·ch so that you can p1tblish the sad but lleroic ending of the life of my deceased brother as a mernbe1· of the Philippine Constabulanj. Personally, I had a premonition as soon as the Japanese occupied the Philippines that if my brother e1.1er fell into their hands Ms uncom1)romising attit11de in life wmtld bring nothing but death. For my decea.r;ed brother did not value living if it were to be purchased at a cost that will make life meaningless. Sincerely yom·s, (Sgd.) JOAQUIN CANUTO KHAKI & RED TSgt Carlos Velasquez, Auditor; MSgt Calixto Redondiez, Business !llnnager; TSgt Zate, PRO; FSgt Tolentino and SSgt Odoiio, Sgts.-at-arms. Board Members : MSgt B Javier. OCF ; MSgt Ibarra, HPC Mtr Pool; MSgt Mabanag, HPC & HSB; MSgt C!anor, PC Band; MSgt Alcantara, Rep! Det; F~gt Corpuz, 117 PC Ranger Co; FSgt Agustin, 144 PC Ranger Co; FSgt Rogado, HPC Det (appointed); MSgt Honesto Cunannn, PCIG (appointed); and FSgt Clamor, PC Sig Co (appointed). Like all other associations, the HPC EJ\.I's club is concerned, among other things, with benefits that should accrue to members of the club by virtue of their membership. One such benefit is the monetary aid to the wife and/ or heirs of any member who dies. The club's by-laws provide for a com;Julsory one-peso contribution in such a case. There is also a provision for an automatic contribution of fifty centavos (t•0.50) by each club member to be given to a member in case of the death of his immediate dependent or dependents. The HPC EM's club is a member of the Enlisted Personnel Central Steering Council, which is composed of representatives of EM's Clubs from the five major commands : PC, PA. PAF, PN and GHQ, AFP. Among its various activities, the Council is consistently working on more benefits for the entire enli:'lled personnel of the AFP; and this could only be achieved through the combined efforts of the Presidents of the five EM's Clubs of the five major commands and GHQ. It would be well to mention in this connection that MSgt Fernandez holds the distinction of being the only club president to be commended for the discharge of the functions o( his office. The com· mendation, signed by former PC chief, Brig. Gen. Isagani V. Campo on 9 Dec. l 961, was for "sound, timely and competent management coupled with out· standing ability in the conduct of the club's affairs, matured guidance and deep interest in the welfn.re of the club, zealous accounting of the club's funCs, prompt payment of death claims, ncquisition of tangible assets for the clubhou,;e, and other accomplishments that proved his dynamic leadership." The HPC EM's club is young and the1·efore, must yet have to undergo the process of growth. The process, undoubtedly, is replete with many difficulties, as are all things else going through the ordeal of coming of age. But the club members nre a determined lot, inspired as they are by the club leadership and the encouragement from t he PC hierarchy. Page 17 COURAGE: The Right Way By a Staff Member Only for the "good" and the "noble" should one be imbued with courage. L ~a~~~r Aorfte~~~it~~ ~:~idi~~if::v~~~!~1tl;0~~ guest speaker at a weekly convocation of the Quezon High School students. The Colonel was to speak on COURAGE, which was the convocation theme. A shy speaker (this the Colonel confessed unashamedly to QHS lady teachers and almost begged to be excused), he finally found courage to speak on "courage;" and it turned out a courageous speech, indeed. Col. Espidol started with an invocation of the !;!'enerally known concept of courage as laid down by Mr. Daniel Webster in his famous dictionary. Webster, according to Espidol, referred to courage as "that quality of mind which enables one to <·n· counter danger and difficulties with firmness; valor; boldness - that firmness of spirit which me.:ts danger without "fear," etc. The Colonel took 1\fr. Webster to task, imputing by inference that coumge, as defined by the learned lexicographer, could mean, in other words, an emboldenE'd state of mind to do either good or evil. Col. Espidol would be more specific : he pointed to the "good" and the "noble" as the only excuse for imbuing one with courage. (1\fr. Webster please take note). "So that is the definition of courage," the Co· Lt. Col. Artemio S. Espidol (inset) speaks to students on "cournge" Page 18 NOVEMBER-DECEMBER, 1962 Pictw·c &tlow short'H Sgt. Joi>c lV. Ba/dot·ino workirrg on his irwe~rli111t slww~r in a&ol'e pictnrc. lone! said after citing i\lr. Webster. "Thet·efore," he argued, "courage can be utilized for somethirog good or for something bad." The Colonel now took occasion to elucidate on "courage" as he would want it understood. All of a sudden, he was a preacher to the boys and gil'is of QHS, enjoining them "to use courage in the right dit·ection." Specifically, he counseled the QHS students ne,•er to lose hope in the face of difficulties attendant to the acquisition of knowledge. Have courage instead, he said. Nc.~ oblh·ious of juvenile delinquency, to which not a few of today's teenage population are suscl!p· tible, Col. Espjdol discoumged the young's countge in i'uch wayward re!'lol'ts as dl'inking, sex exploits. canto-boy haunts and. a lot of present-day frivolities ~KAKI '&'REO · . AUTOMATIC BURGLAR ALARM PICTURE shows Utility Model-431 filed with the Director of Patents on 1 October 1962 by Technical Sergeant Jose N. Baldovino of He;~d quarters, PC, Rizal. The utility relates to an automatic burglar alarm for use in television sets, radio phonographs, sewing machines and other valuable nppliances. It is designed to give the striking sound of the horn, that will not stop until the m.::mbers of the family are awaken to switch it off. The device will help the authorities, through the victim, in determining the time the culprit touched or tampered with the appliance, and at the same time, even the description could be ascertained by the authorities in case the victim is alert enough to verify why the device had given the alarm signal. The victim will be of gt·eat help to the authoriiic.s in furnishing the time, the description and other information relative to the commission of the crime. Sgt. Baldovino believes that his invention, if patented, will be of g1·eat help to the public, as well as to the authorities, in minimizing, if not eradicating, criminality in thei1 · operational jurisdiction. All Chiefs of Police attending a semina1· at the PC school expressed unanimous approval of the gadget when presented by Sgt. Baldovino. Sgt. Baldovino joined the PC on 20 DecemL~r 1957 and has been an NCO in-charge of lht> Riz:tl PC police crime laborato1·y. of the youth. For all the things that th~ Colonel imparted to the high school students, the unanimous accl:um could well be "more courage to the Colonel !" Courage, of course, is not anything new to the serviceman. He had it when first he considered enlistment. He made good use of it, as he still does, in his responsibilities in the interest of national security. But there's nothing like brushing up on one's courage. As for the serviceman, he simt;ly cannot afford to relax on his courage; it must be present in him nt all times as he goes about his business of- thwarting all attempts at jeopardizing his c~untry_'s peace, order and security. · · The Espidol speech. if at nil. seJ'\'ed as a neceil~ary reminder in these times of stress and Strain. ANDRES BONIFACIOHero of Manila In a J'ecent proclomati011 by Manila !1/oyo,· A11to11io J. Villegas, the Great. Plebeitm n·as officially declared "Hero o/ Mnuila." Below is a reprodw;tWn of the Mayor's proclamation in Tagalog. A~: n~;;ou;~~ ~:ata:~~~1:iy:iL,11~11:l~a~:~;: dakilang raha ng magkabilang pampang ng Pasig na si Lakan Oula na pinagkatakutan ng mga Kastila nang sila'y unang sumadsad dito. Ang kabayanihan ng rahang ito ay sumalin sa !along napabantog na pangalan ng kaJtyang anak na si Raha Sulayman. Ang paghihimagsik laban sa kapangyarihang Kastili1 ay nagtining sa katapangan ng c:imalilimutang Magat Sal&mat. Sa larangan ng kalinangan ay nangunguna ang pangalan tubong Maynilang si Tomas Pinpin sa sining ng paglilimbag. At sa sining naman ng pintura ay natatangi ang pangalan ni Damian Domingo nn ngayon ay siyang ipinalalagay na "Ama ng Sinin;{ ng Pagpi· pinta." Sa isip at puso ng Paring Jacinto Zamora na kasama ng mga paring Burgos at Gomez ay pinag· pisan ang pagdakila sa pananampalataya at pagma· mahal sa bayan, sa katotohanan ang lupang May· nila ay nadilig ng dugo ng martir. Hindi lamang mga lalaki ang nagpamalas ng kabayanihan sa Jungsod na ito kundi pati mga babae. Sa larangan ng kawanggawa at pagkamapagkupkop ay namumukod ang katauhan ni Margarita Roxas ni Ayala. Sa panitikan naman ay namayani ang makabayang manunulat na si Fernnndo Maria Guerrpro na kinilala hindi lamang sa loob ng Pilipinas kundi sa ibang bansa man. Ang isa sa mga !uwalhati ng Maynila ay a~Jg pagkakatatag dito ng makasaysayang Katipunan, ang Kataas-taasan, Kagalang-galang na Katipur.an ng mga Anak ng Bayan. Ito ang binhi ng paghi· himagsik. Si Emilio Jacinto na naging "Utak ng Katipunan" ay siyang kanang kamay ng Dakilaug Plebeyo. At sa talaan ng mga bayaning ito ang pinakadakila ay si Andres Bonifacio, ang "Ama ng Katipunan." Dahit kay Andres Bonifacio ay nagkaroon ng malaganap na himagsikan na siyang lumagot sa tanikala ng kaalipinan. Utang ng mga Filipino ang kanilang tinatamasang kalayaan at kasarin!an sa magiting na pagmama!asakit at kaba:raoihan ni Andr$ Bonif;lcio. Page 20 Si Andres Bonifacio ang sagisag ng kabayauihang hindi nalupig ng karalitaan. Iniluwal sa Tundo 1100ng ika-30 ng Nobyembre, 1863, si Andres Bonifacio, na maagang naulila sa kanyang ruga magulang, ay siyang nagkupkop sa kanyang mga kapatid sa pamamagitan ng paghahanap-buhay na mababa nguni't marangal. Sa gitna ng kanyang karalitaan ay nakuha niyang maturuan ang sarili :-:a pamamagitan ng pagbabasa ng iba't ibang aklat. Naging masigasig din siya sa larangan ng tanghalan at itinatag niya at ng kanyang mga kasama ang kapisanang "Teatro Porvendir." Dahil dito'y naging dalubhasa siya sa Tagalog hanggang sa isatin niya sa Tagalog ang "Ultimo Adios" ni Rtzal. Dahil dito, akong si ANTONIO J. VILLEGAS, Alkalde ng lungsod ng Maynila, ay nagpapahay..tg sa araw na ito, ika-29 ng Nobyembre ng 1962 na si ANDRES BONIFACIO ay siyang BAYANI NG l\IAYNILA. Bilang katibayan nito ay nilagdaan ko at ipinakintal ang tatak ng Sagisag ng tungsod ng l\Iaynila. Ginawa sa lungsod ng 1\"Iaynila, Nobyembre 29, 1962. ANTONIO J. VILLEGAS Alkalde Lungsod ng Mayni!a !1/ayor Villcg(J8 adopts the G1·cat Plebeian as Manila's ow" and paues the way for a Bo~i {aciQ cent.etmial this year. NOVEMBER-DECEMBER, 1962 President Diosdn!lo Macupagal sets the norn~ / or publk 11\el"lli CC. a decision has been made, there is no rea:son why implementing action should be delayed. d. Firmness.- He enjoined public officials to resist pressure. Without being discourteous, he said that we must do (what must be done) with fir mness and justice. e. Cle.anlines~=!.-Hc said that gover nment offices should hi1 ·e ja nitorial services to keep our offices immaculately clean. f. Attitude.- He stressed that public officials and employes should not only consider employment as a means of livelihood. Employes should be imbued with a sense of duty and with no sense of t ime- meanir.g that in the accomplishment of a mission, of. f icials and employes should not work by t he clock. g. Work like a team.- Hc pointed out the tJecessity of working like a team in the governON PUBLIC SERVICE By a Staff Member President Macapagal takes occasion to exhort government officials on desirable norms of conduct in the public service. A Tb; ~~~f~';:~;c~Jft ~;tv~~~~~~~:~~ic~~ls8 c~!~~ ember 1962, the following points were taken up. 1. The need to disseminate the objectives of t he government for the benefit of our people not only in t he higher echelons of commands but also in the lower echelons. Among others, such objec· lives a re moral regeneration a nd lhe socio-economic progrant of the government. 2. The necessity of developing among emplo.r(;s in the public service t he following fundamental characteristics : a. Honesty.-The President observes that while he is satisfied with the integrity of higher officials, there is still need of imbuing the lower categories of employes with this fie· sirable characteristic. b. Courtesy.~He stressed that courtesy should be cultivated not only for general but also for its technical effect. c. Speed of doing things.- He wanted all cases disposed of expeditiously. He said that after KHAKI & REO ment service without rivalry, but not s hield· ing of ficials and employes who a re corrupt and undeSirables. h. The President pleaded wit h every public official for help and coopera tion. He suggested to Cabinet Secrctal"ies t he feasibility of holding s imilar conferences in order to bring home to our people the crusade of good gover nment which he termed "Peaceful Rev· olution. 3. The President called attention to : a. !\l alacaiiang Memorandum Cir # 11 - re prompt action on official communication. b. Malacaiiang Memorandum Cir # 12 - Dis· couraging the holding of a nniversary celebration. c. Malacaiiang Memorandum Cir # 15 - Submission of Administmtive Investigation Repor ts. d. Malacaiiang Memora ndum Cir # 14 - Avoida nce of wastage in the consumption of electricity and water. Page 21 TO SPEAKER POLICE I congratulate you on your graduation. It is no ordinary graduation. You have been graduated before, under different circumstances. This is something special. You did not come here to learn the A.B.C's of police work. You were here to learn more about the work that you now do. Ail I have been made to understand, you took up police administration and operations. Not its rudiments, but the finer aspects involved in such difficult work. For you the1·efore, this was a post-graduate course. That you are being graduated after six weeks means that you have successfully hurdled all the tests which were designed to measure your professional grasp of the problems and s ituations that occur in the discharge of your assigned duties. Your coming to study here is an indication of your earnestness, of your desire to do a good job and of your thirst for knowledge that would enhance your efficiency and your effectiveness in the communities in which you live. For this you deserve praise, not merely congratulations. By your willingness to learn, you have demonstrated an intellectual curiosity which is fundamental to growth and improvement in a ny line of work. Police work is not something you learn once and feel that you know everything that pertains to it. It is a growing science; it is an ar t. As communi lies grow and expand, it becomes more complex. Because of this explosion ou•· sociological problems are increasing. And so the tasks of policing Page 22 SPEAKS GRADUATES our communities today are not nearly as simple as they were, for instance. twenty years ago, shortly after the end of World War II. Because there are more people, there is greater need for system and method. and for changes to suit new situations. Administration and operations ha,•e to keep up with the times, with the bigger population, with the increasing ingenuity of criminals and with the pressures brought about by increasing political and economic activity. The problems of our Republic are many. Not the least important of these is peace and order. In fact, peace and order ranks high in the national priorities. That is why police budgets are increasing every year. Law enforcement organizations have to be strengthened and enlarged. We are no longer in the car t-and-carabao stage. We a1·e in a high!y mechanized em. We are in an atomic age. We :1re moving in jets and dashes. To maintain peace and order in ils maximum deg1·ee in the crowded cities and in the less populous towns is vital to our development. Lands cannot be tilled by citizens who are afraid for their safety. And products cannot be brought to the factories where they are needed if the freedom of the highways is not maintained. Our police organizations must not be weak f'rgani.zationally. Otherwise, they cannot guarantee safety of life, limb ilnd property. That is why orientations, briefings and insh·uction such as has be~::n your privilege to undergo are neccs!<ary. That is why we need more men like you who are willing to become better versed in the science of police work. Thc•·e is something else, too, that is impor tant. I think it is pertinent to point out that it is ,·ital to the national welfare that the public image of our law-enforcement agencies and their individual members be improved. It is in your hands to ,do this because you know what is proper and what iS right. You who compose t he leadership of your organization know that it is necessary to impress upon the people that the lawman is a friend and not someone to be feared or detested. The people like it when they can point to their guardians of the law and say that they are the "finest." The traditions of our police agencies 1nc NOVEMBER-DECEMBER, 1962 Ormoc City Chief of Police Tops Class 36 police officers from all over the couni!"Y graduated from the Class 62-A Police Administ•·ation and Operations Course at the Philippine Constabulary School last December 22nd. The first of its kind at HPC level, the course is designed to equip the municipal police officer with model"n knowledge in police managerial and operational functions. Topping the 36 police officers is Ormoc City Police Chief Sofronio D. Aguipo, a member of the Philippine Bar. To the graduates, Acting PC Chief. Brig. Gr.n. Nicanor D. Garcia had this message! MESSAGE I wish to eXJJress my sincerest congratu/a.tions to the g)'(u/uates of tJ~e Police Adm.inish-atWn and OperationaCoJ!rse. In these modtm~ times the commissio11 of aimes have become subtle and the criminul mind is continually scd~ ing ill[ltnious m~ms to drczonvtnt the law. Thus, it hos com,. to wt.~s that police work lws become nwrc ditficztlt and ·more complex, It is for this 1·eason, more than a1111 other, that police age11cies have .~oztght to train aml retrain their personnel i11 order to keep abreast of the modern and scientific tneans to combat cri1ne. Police work in a modern society must keep pace w:u~ the clwnging times. Old nwtlzods and tcc1miqucs in 710bce work mnst give way in 01·rler tlznt the cnforccme1zt of /nw and the maintenance of order m.ay be effective and the 11eople to who1n the policem{tn owes his existence and ollegiance tnust efficiently be sen•ed. Cognizant of these facts, the Philippine Constabztlm·y, as a national police organization, must keep abreast of the new concept in 71olice wol'l;. It is for Uzis reason that the Police Administration mul Operations Course has been offered by the PC in order that law enforcers, particularly in the e: ucztlive level, tnay acquire mo(lcrn krwwledge in police wmwaeriul and operational fwzclwns. 1 wish to point out t/l(lt tlzis i~ the fitl!.t. course of this kincl in the country. And I atn 7Jl'OUd yoa hat•e t-t:comc the pioneer&. But mQre so, I mn elated that we hal'e a crop of tnen 11'ho wiU cont?·ibzde in a large tneaszue towcn-ds 71olice effiriency gcnrecl fowun/s bringing complete peace tlzrouolzout the country. GOOD LUCK AND CARRl' ON THK GOOD lVORK! (Sgd.) NICANOR D. GARCIA Brigczdier Generaf, AFP Acting Chief of Constabulary CODE AS A LAW ENFOHCEl\IENT OFFICER, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, t.he weak against oppression or intimida tion, and the peaceful against violence or disorder; and to respect the Conslitutional rights of all men to Iibert~., equality and justice. I WILL keep my private life unsullied as an example to al1; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restrahlf; and be constantly mindful of the welfare of others. Hon('st in thought and deed in both my personnl :~ nd oHicial life, J will he exempla ry in obeying the laws nf the land and the regulations of my department. Whah~,·er J ~ee or he..'l.r of a confi(lential na ture or that is confided to me in my official capacity will be l!epf e\·er secret. unless revelation is necessarv in the performance of my duty. I WILL never act- <'fficiously or permit personal feelings, prejudices, unimosilies or fricndshipg to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the lnw courteously and <l[lpropriately without fear or favor, ma1ice or ill will, never employing unnecessary force or violence ancl never accepting gratuities. I RECOGNIZE the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long ns J am true to the ethics of the police service. I will constantly strive to achil.'\'e these objectives and ideals, dedicating myself before God to my chosen profession _ law enforcement. Brig. Gen. Ni.canor Garcia ('I'Jngmtrdates topnotcher So/· ronio D. Aguipo of Class 02-A c.f tlzc PC Police Admillistratiol! a1zd Operation/! Coursf, · ON o~:a~! ~~~~a~~!~:~~c~7:f':r ~~: ~','·m~~ Forces, I Jlroud\y salute the Philippine Constabulary on the occasion of its Glst anniversary. I have deep personal reasons for regardiug the Constabulary with affection and respect. It is because of my full recognition (){ the services of the man in uniform that I approved, among other things pertaining to the reinvigoration of our armed forcf"s, the raise in pay of the enlisted man and I am prepared to do more th11t is within the power of the ;.dministration to promote the welfare of the CQmmon man in uniform. Sixty-one years of honorable soldiery in the cau.3e of peace and order is a glory to any orgal\lzation. But let us one and all reflect upon the thought that this imposes upon us the awesome responsibility of keeping that record untarnished, and let us rcmembeJ· that this good name of the Constabulary had been pmchased by generations of constables by their unquestioning devotion. their indefatigable toil, their sweat and e\"en their blood. Let anyone in this organization at this moment who feels that h~ cannot keep up this glorious tradition feel the weight of the responsibility, anyone who is cohorting with smugglers. anyone who is abetting corruption, anyone who has allowed himself to be the prey of vice which he had sworn to fight, anyone who would disgrace the name of the organization JeaYe moral. I have vowed to place our beloved country on the road to moral regeneration, and I expect that this organization whom I love so well shall lead our people along that path to our national salYation. Any deviation from among you will be nothing short of treason. It has been with great pleasure and pride that I have recei\·ed continual reports of the achievements of the Constabulary in the administration's determined campaign to wipe out smuggling, corruption and vice. These reports have been pouring from all corners of our country. The Constabulary can be sure that our people are receiving news of these achievements with jubilation for they serve to demonstmte the fact that our country has, indeed, entered into a new era of dedicated public service and moral regeneration. It recalls those good old days when our people looked with respect at the merest constabulary private, when this clean and upright man in khaki and red was the hero worship of children, when any man in that uniform was the object of envy of his civilian friends. Those were the good old days and I am very glad that they rue coming back with us to inspire our people with new hope for the future of a nation that was almost ruined by the graft and corruption of politicians of the recent past. I am impressed, too, by Constabulary reports naming corrupt officials and politicians as well as LIVE AGAIN THE its ranks now, for the smallest speck of cancer in the body of the PC could Ye!"y well foredoom the achieYements purchased at so high a price in more than half a century of the glorious history of the Constabulary. l trust that you all understand how I feel abnut the slightest tinge of dishonorable conduct in my administration. I have not spared my friends even in the cabinet from the strict requirement of official and personal conduct beyond suspicion. And I <18· sure you that if there remains in my administrati>Jn any public serYant who besmirches that norm of honor, I would weed him out if that is the last thing I would do as President of the Philippines. This !<hould give all of you in the Philippine Constabulary a definite idea of what your Commander-in-Ch1ef \'i'"ould do to :my constabul;~ryman. whether pri\"ate or general. who would act in a manner derogah•ry to the glorious traditions of the organization. The Constabulary is no place for weaklings, physical or Page 24 By Diosdado lUacapagal, corrupting aliens as falling into the nationwide dragnet that has been scoring against smugglt:rs and economic saboteurs. I want to tell each aud every constabulary man that he has my full backing in this crusade, and that he can collar any man violating our Jaws regardless of whether he is a JlOlitician or claims to be an influential man. Spare no man in this crusade for every guilty one who fall.!' will mean one scoundrel less in our str uggle for our economic salvation. We have already launched our five-year· socioeconomic program aimed at the upliftment and prosperity of our country and at good life for the common man. There is no turning back in this detPrmined nat ional effor t which concerns the welfare of every man, woman, and child in our country and the just place of ou1· Republic on the face of the earth. The Philippine Constabulary is already U.king part in this effort a nd I have every reason to expect that it shall not fail. NOVEMBER-DECEMBSR. 1962 The Constable feels great and is inspired to a more commendable per· forma nee as the C-in-C felicitates the PC in a big way. Not everyone appreciates the fact that security is n prerequisite for progress. No plan of economic development can hope to be implemented successfully if it does not rest on the premise of individual freedom from fear and anxiety. If the Constabulary is to satisfactorily fulfill its role in this program, it must condition itself even as an instrument must be honed. The first step in the conditioning process is lo divorce itself from political influences. Perven~.;d politics destroys every agency it taints, and when the very internal security agency of the State is tainted, the consequences may well be tragic. The Constabulary must never be made the private tool of any political individual or group, and I herewith pledge my office and all its powers as the buffer for any attempt to convert it into such from the lowest to the highest levels of commano. Indeed there is too much politics in this country. Since assuming the presidency, I have sought to lay aside politics, consecrating myself to the gitor of progress and contentment. Acts of law violations of all magnitudes are like varying sizes of grains of sand which all threaten to stop the movement of the government's machinery, if not shatter critical parts of t he machinery. At this time of our development, when we have just started to recover from the retardation caused by government inefficiency, and when we have just started to lay the foundations of a dynamic stage of national history, we cannot afford the delay of even one moment. The final step in the Constabulary's conditioning should be the absorption by each and every Cons· table of this Republic's concept of civil rights. The right to life, liberty, prosperity and the pursuit of happiness is the fundamental tenet of our way d life. Every government agency is dedicated to the enhancement thereof; in fact, it may be said that it is almost the total concern of go,·ernment. To help the preservation of this right, certain citizens have been delegated the authority to use force if OOD OLD DAYS resident of the Philippir1es gantic task of economic growth, together with moral regeneration. Many so-called leaders, however, se~m to persist in dissipating the nation's time in endle~s politics that exults in irresponsible political intt·igue and sensationalism at the expense of t he Natiorr's good. I must say emphatically that these quarters cannot succeed in diverting our efforts from lhe crucial task of seeking prosperity for our people; together with dedicated agencies of our nation like the Constabulary, we shall proceed in the vigorous discharge of our duty, undeterred by those who would place politics above the true welfare of the country. The second step in conditioning the Constabulary would be to impress upon everyone the importance of internal security. When a smuggler. or a Communist, or a grafter is caught, the significance of t hat event is not confined to the subsequent conviction or the tallying of another statistical entry. The true dimensions of its significance is that the country has eliminated one more compromising facKHAKI & RED necessary. This is one of the most powerful authorities which our people can delegate. It can also be the most treacherous. I enjoin you therefore lo act in the discharge of our noble mission with suth combined firmness and kindness that you shall not be shunned in fear by our citizens but that yout· presence among our countryfolk will be welcome to them because you symbolize the benign authority of Jaw and order, protection and helpfulness as the embodiment of the finest qualities of the Constabulary, the friend and not the foe of the people. The Philippine Constabulary marks its 6l st mlniversary at a time when justice is the byword of government; justice meaning full reward or full punishment to the deserving no matter his place in the social or political scheme of the State. The Constabulary, the glorious Khaki and Red, has long demonstrated its stern affinity with justice. On this significant occasion, e,·ery citizen voices the prayer that this reputation shall always endure Page 25 EAVESDROPPING AND THE LAW ANt~isevi~~~~~~i.;n r:~sZh~e f~~~8et:~g~~ :u:d~l~ standing of )lresent law and of the fundamental nature of the acts with which we deal. What is ea"esdropping? What is the law on wiretapping? There has been much talk about the invasion of privacy through the secret recording of voices. What is the right of privacy, if it exists in this connection? Let us get down to the clements of the subject, before we deal with revelations of fact. Man's first means of communication was his own voice. His first means of interception was the human ear. With these he got along for many thousands of years. Except for an occasional purloined letter, interception of communications was purely the work of the eavesdropper. In old English law, the eavesdropper was rated a nuisance along with gypsies, idlers, the comn:on scold, and the disorderly house. In Book IV, Ch<!.pter 13, of his Commentaries, the great 18th Century jurist, Blacktone, defined the offender thus: "(6) Eavesdroppers, or such as listen under walls or windows or the eaves of a house to hear ken after discourse, and thereupon to frame s landerous and mischievous tales, ure a common nuisance and are punishable at the court-leet; o1· are indictable at the sessions, and punishable by finding sureties for th('ir good behavior." In today's Penal Law of New York State we find that section 721, under the title "Eavesdropping," classified as disorderly conduct, declares as follows: "A person, who secretly loiters about a building, with intent to overhear discourse therein, and to repeat or publish the same to vex or annoy or injure others, is guilty of a misdemeanor:' This section is obviously an inept 19th Century attempt to modernize Blacktone. Lawyers recognize that this seemingly simple sentence contains so many elements of proof that it would be impossible to convict anyone under it. 1t has been a dead h·tter of the law, though we still recognize the principle as sound. The invention of the telegraph in 1844 and of the telephone in 1876 ushered in a new era, the dawn of what might be called the Age of Communicat ions. And in the 19th Century the Legislature was not lagjlard in acting, In 1845 it enacted a law proPage 26 tecting telegraph lines from damage------along with piers, abutments, buoys. In 1892 the Legislature amended this section (in what is now Article 134 of t he Penal Law on Malicious Mischief, section 1423, subdivision 6) to make guilty of a felony any person who "shall unlawfully and wilfully cut, break, !ap or make connection with any telegraph or telephone line, wire, cable, or instrument, or read o1· copy in any unauthorized manner any message, communication or report passing over it, in this state." This passage of 1892 law, unchanged and still classified alc.ng with damage to water mains a nd sewer pipes, remains our State'l> basic law on private wiretapping today. Plainly the Legislature then nad the telegraph more in mind than the telephone, alld protection of property as much in mind as protection of privacy. At any rate, this was the germ of our present concern with inte~ception of communications. Two other sections of law later gave strength to the concept of privacy. Section 552 of the Penal Law, dating to 1881, makes it a crime to obtain knowledge of a message by connivance with a telephone or telegraph employee. In 1949 section 552-a was added, making it a crime to possess any wiretapping device in circumstances evincing an intent to use it illegally. In signing this act, Gover110r Dewey expressed some doubt as to the legal necessity for it, but welcomed it as a declaration of poliC"y against private wiretapping. Together, these three sections constitute lhe statute law of the State on interception of communications. Notably they are limited to the telegraph and telephone. Nowhere in the law do we find any recognition of the interception of conversation!! by such newer means as microphones and tape recorders. 'I'he most interesting fact about the wiretapping law is that unt il the sensational Broady case in 1955. it has never been effectively enforced. Years ago in an upstate county a bookmaker pleaded guilty of wir('lapping in order to avoid prosecution for other offenses. Thirty years ago, we find, the Court of Appeals affirmed the conviction of one Anthouy Senes, found guilty in New York County of violating section 1423, subdivision 6, and sentenced to serve from one to two years. Senes was a private det(•C· tive, caught tapping the wire of one of two busint>sS concerns engaged in litigation. And that, except for three abortive attempts at prosecution in 1949, NOVEMBER-DECEMBER, 1962 Reprint from "Report of the New York State Joint Legislative Committee to study illegal interception of Communications." is the entire record of law enforcement against private wiretapping in New York State prior to 1955. Certain reasons for the scarcity of prosecutious are quite apparent. First, there have been very few complaints. The act of wiretapping is itself secret; the victim probably never learns of it unless the tapper has obtained information which the victim would prefer to conceal. The whole subject has overtones of blackmail, and it is often more discreet. to accept a divorce in Reno than to have a scandal in New York. Furthermore, the ciiscovery of a wiretap, or "unauthorized connection," is ordinarily made by an agent of the New York Telephone Company itself, and the telephone company has never bf'<:n known to press a criminal complaint against a Wiretapper. The company has agents to go after ccin box thieves, but as to wiretapping, it insists its nll'n are not policemen. The company strongly expresses its opposition to all wire tapping, but even more, it appears to deplore all publicity connected therewith. But in the year 1949 there were three attempts in New York City to prosecute wiretappers, all most significant in the development of the law. Early in the year, wiretappers were caught trying to tap the telephone of the Borough President of ManRattan. In the course of this incident a well-known former police wiretapper added to the public uproar by escaping from custody through the ladies' room window at City Hall, where he had been {jUestioned by the Mayor himself. Prosecution failed in this case because the raid was made before the wiretap had been physically connected. As a result the Legislature quickly enacted the new section 552-a of the Penal Law, putting possession of wiret:~ppir.g devices in the same category as possession of burglar's tools. Also in New Yo1·k County in 19<19 there wa.<- a prosecution for wiretapping in a case involving the telephones of the Kings County Buick Company. This resulted in an acquittal because directors of the company had authorized the tap to check on the inordinate number of new cars which were said to have been allotted to gangsters. In this case and m the preceding investigation a central figure was the same lawyer, Broady, who figures in the 1955 prosecution. He was already notorious as a wiretapper. More important t.han these cases was the Appelbaum case in 1949, which became the controlling wiretapping case among the reported decisions of our appellate courts. (Sec Appendix A.) This is the only court decision interpreting our State lew on wiretapping. It is under this controlling interpretation that wiretappers operate openly and claim that they are within the law. KHAKI & REO In this case a Mr. Appelbaum of Brooklyn sued for divorce. His evidence was partly based on recorded taps made on his own home telephone, made by Robert C. LaBorde, a well-known electronics technician and wiretapper. The trial justice in this case sent the record to the Kings County Distr1ct Attorney, and his office obtained convictions for wiretapping against Appelbaum and LaBorde unt.ler section 1423. These convictions were reversed by the Appellate Division of the Supreme Court, Second Department, which dismissed the indictmel\15. The decision was affirmed by the Court of Appeals and the defendants went free. The Appelbaum decision held that the teleph("lne subscriber has a paramount right to protect his telephone from use by other people against his interests, personal, household, or marital, and therefore Mr. Appelbaum had a right to have his own wire tapped - a right superior to the privacy rights of those he permitted to usc his phone. This Appelbaum case, which is in effect the present law, is the key to the practice of private wiretapping in this State. Under it wiretapping specialists have openly offered their services. They t·e· present their activities to be entirely legal, though in a number of instances we have shown such wiretap incidents to be clearly felonious. In other instances it is almost impossible to determine jnst who is the subscriber who is entitled to tap his own telephone. Under this decision as it stands, the situation is thoroughly confused. But it is clear tJ.at the wiretappers will continue to regard it as a license to operate. Legislation is ccrtai1Jly indicatt:d, and we shall have more to say on this subject. The foregoing summat•izcs the present law of New York State insofar as it concerns private eavesdropping, but this discussion would not be complete without reference to certain widespread misconC'-'P· lions of the law which continually arise to plagt!e our thinking on this subject. One of these is the status of wiretapping under the constitutional amendment adopted by the Con(:titutional Convention of 1!138 and ratified by the people. This part of the Bill of Rights is commonly thought to declat·e the policy of the State on witetapping generally, but it actually has nothing to do with the crime of wiretapping by private persons. It relates solely to protection of the people from the State and Jaw enforcement officct·s. Early in the days of the telephone the New York City police began wiretapping for the detection of crime. The practice seems to have been well established by the turn of the century, though never formally sanctioned by statute or constitutional law. During prohibition both Federal and local o-fficers used wiretapping \'ery extensively to combat lhe growing power of the underworld, and by the 1930's the practice had aroused strong opposition :tmoT:g those who claimed it violated civil libertieS. In lhe Constitutional Convention of 1938 an · att.empt \\:a"s made to outlaw wiretapJ?ing, but was so strop.s~Y opposed by law enforcement officers th<:~t the op.P.t>site result was obtained. Tn the amendment a.dopt.~.c{; (CQI!litwed OJ~ puye 55) Plige.;.21 Foreword to PHILIPPINE TOWN SURVEYS (Sec payes "8-49 for 1'ir:tures) With this issue we start a new series of informational articles on Philippine Municipalities. 1\now your town and let others know about i t could very well be a social, economic and cultural message for 1963. Cct·tainly, it has a valid place in the implementation of President Macapagat's 5-year socioec()nomic program. The "KHAKI and RED" takes pride in starting a Philippines ''first" in advertising trends. Mindful of its role as the officinl journal and general magazme of the Philippine Constrrbulat·y it is happy to coatribute what little it can in giving substance to one of the strongest ideals that guides our Armed Forces~that of civiltnn ~upremacy-by letting the Constabula1·y troope1· know more about the province and municipalities he senes. By the same token it is hoped that through this effort, the people may know mo1·e about their soldiet·s. Little need be Mid about the trade and iTHhtstry potential of this under· taking save perhaps a remindc•· about the role of the honest middleman who makes people with divu· gent needs meet. HELP CS KNOW MORE AHOUT OUR COUNTRY. INVEST IN SECL!niTY. A OVER· TISE IN THE KHAf\1 ,•,No RED. The Editor MA GSI NGA L T1~~n~e:~:l:k 0t~~~~~:~:1!;!·. ;~~~~c f~~~:tfc0~1Y '.\~~ voted to the land. It is a rugged, rocl{·strewn land, painfully pinched between the mountains and the sea, and mercilessly flayed by severe suns and mon· soons. It is against these austet'e clements of earth and sky that they have to pit their frail and all too human strength. but fortified by tenacity of pur· po~e. initiative and endurance, they have been aUle to can·c out their cie~tiny. So each generation has been able to leave the imprint of industrious hands on the niggat·dly laJ,d, as even the hardest rock is worn away by patient toil. Everywhere in the land, therefore, one ca n see indubitable signs of progress and modern \i\·ing. But even as all the people themselves must be accorded recognition for the progress that the cern· munity has made, due credit should be given also to the town officials who have provided the vision, the urge and the patient and devoted leadership so that the welfare of the greatest numbe1· should be brought about. lt is true that economic develop· mentis principally a task of pl'ivate enterprise; Lut it is the role of the government to create a favc.r· able environment that would provide the induce· ments necessary, in terms of suitable policies and measures needed. to foster economic growth and stability. It is also the tl\'owed aim of " wise :.odrpinist ration to ensure the judicious application of public investment programs to the establishment tlf basic facilities such as roads and irrigation s:•s· tern!>. tmnsp(lrtation and communication networlrs, Pt ge 28 harbor facilities, hydroelectric power if possible, and the development of land. forest and whatever loLa! minerals there are. Another Jll'imary objective is the improvement mHI expansit)n of essential public services designed to raise the general living sta!'d· ards of the people. These public services include education, housing and public health. The following are some of the accomplishme1ds of the present administration and as can be seen, they might appear modest in comparison to more grandiofle projects undertaken and completed by more thickly populated and richer towns, but the frugal and hard-working people of i\Iagsingal proud of them just the same. Ir rigation (total - P7,500) 1. Maratudo Dam - P ACD 2. Alatao Dam - PACD 3. Dacotan Dam - PACD 4. Bocar Dam - PACD 5. Barbarit Dam - PACD Puericulture Centers 1. Poblacion - f'12,000 2. Barrio P~1gsanaan - !'5,000 3. Barrio Puro - P700 4. Barrio Miramar - PLOOO 5. Barrio Tagaipos - P5,000 Road construction: Barrio roads and feeder roads - 1'22,000 Pob!acion-Napo - P5,000 Poblacion-Tagaipos bridge - P20,000 Bungro-Pagsanaan-Sarsarakot Road - Pl 5,VOO Caraisan-1\Iakat-Katud-Maratudo - P5,000 NOVEMBER·DECEMBER, l-962 SAN VICENTE s~~io~1I~~No~~y t;4~m~:~~o~·~J~v~~ ~~t~h~ r.~rc~~ census figures. Jts chief industries are farmhg, salt and furniture making. Its chief products arc salt, rice, furniture and tobacco. Fishing is another source of income for its people. Fermin P. Tabanda is the Municipal Mayor. Other officials are: Melchor Rojas, Vice Mayor; Angel Ramos, Pascual Rosuman, Alfredo Riot.oc, Emiliano Rialubin, Julian Rosa\, Uldarico Ribera\, members of the l\Iunicipal Council. Municipal Treasurer Jsabelo L. Cariaga, Chief of Police Samson Castillo and :O.Iunicipal Secretary Natividad L. 'Indena are other key officials of the town. Still, much smaller towns have gained a certain amount of fame because they happen to be the birthplace of a national hero, the ~ccnc of some historic encounter. or they lHi\'e been able to accompli~h some gradiose projects more readily due to their being wealthy in the matter of mineral resources or of commerce. The people of San Vicente quietly admit and candidly enough, however, that they h:J.ve not much lo crow about really. Even their projects being undertaken or those being planned are modest enough: Improvement of school buildings, river control and improvement of bridges. Furthcrm01·e, where other towns gain notoriety because they happen to be the scene of sensational crimes, the people of San Vicente, rightfully enough, prefer not to hit the front pages of new.spap~rs p1·ovided though that they can continue to say tha.t: For one thing, there is peace and order in their beloved town. Caraisan-Likkaong - P2,000 Poblacion-Pagsanaan-Miramar - P20,000 Pobl~lcion-Libtong-Arinaya - P2,000 Artesian Wells {total - 1'22.000) Puro, Panay, Mansante, Cabarruan, Pagsona.m, Miramar, Barbarit, Namsangan, ~Iakat.katud, Ta~a ipo.s, and Napo. Schools - Fh·e pre-fab buildings in Mansante (2); Sarsarakat. (2) and Maratudo (1). Multiple-purpose Pa,·en1ent Pagsanaan (P800) Other projects - Already approved for construction in l\falablabtang, Sabat, 1\ladangdang!a, Simmaguma;.· and Subsubusub. The officials of the town are Miguel Udarbe, Mayor; Estanislao Pascua, Vice Mayor; Filomo::no Uclaray, Constancio Ugale, Mariano Tobon, Guill~::r mo Ponce, Socorro Garcia, Maria Tolentino, Eufemio Sabado, and Manuel Pascua, Members of the Municipal Council. Other key officials are Valeriano Palpallatoc, Treasurer; l\Irs. Nena Corpuz Soliven, Municipal Secretary; and Prospera Ujano, Chief of Police. KHAKI & RED BADOC o~~cp~~rcoeu~fy il~t:;::t o~~a\~h=n1~:~ele v~:it~:; their town is a humble house in t he poblacion. It is the birthplace of the well-known Filipino arth;t, Juan Luna y Novicio ( 1857-1899). Beautiful Badoc island is also a tourist attraclion. Equally worthy of the pride of the people of Badoc are the solid accomplishments of the present municipal administration headed by Mayor Angel T. Bautista. Other officials are Gregorio R. Rodriguez, vice mayor; Berna1·do R. Torralba, Antonio Batara, Romualdo Baldos, Severo Marquez, Juan Cajigal, Francisco Garcia, Urbano Tolentino and Justiniano Vergara, members of the municipal council. Other key officials are: Luis L. Calaycay, Emeterio Nicolas, Vicente R. Campos and Generosa Rotesta. Some of these accomplishments are: 1) Asphalting of the provincial roads within the poblacion. 2) Reopening of the Badoc Waterworks System. 3) Renovation of the public theater. 4) Construct.irm of the lagoon at the east1•rn portion of the public square. 5) Construction of the Coronation Stage a nd improvement of the public auditorium. 6) Improvement of feeder roads and constr uction of the "circumf~rential feeder road" (Poblacion - Arcarusip-Nagrebcan-LabutSorod-Sta. Cruz-Paguetpat-Pagsanaan feeder road). 7) Construction of three health centers : a) Napu-Mabusay-Paanc-Parang health center ; b) Ararusip health center; and c) Madupayas health center. 8) Construction of artesian wells in BolboldE:s, Lubub and Ararusip. 9) Pre-fabricated schools in Mabusag, Pal.et and Pagsanaan. 10) Improvement and reconstruction of communal irrigation systems in Nagrebcan, l\ladupayas, Ballawes, Malcampo, Napu. Banas, Caoilian, 1\fabusag nnd Balaybaboy. 11) Increase in municipal income in the amount of r:zo,ooo more or less. 12) Maintenance of peace and order. 13) Internal repair and beautification of the Presidencia, with the session hall and all the different rooms furnished with tables, chairs and other furniture. LET'S KNOW MORE ABOUT YOUR TOWN THROUGH THIS SPECIAL FEATURE OF KHAKI and RED Page 29 CABUGAO T~~~:;Et~~~ ~~~~l i~:\~v~~~t:h~~ ~~~~g~~o:~;; hoofbeats echoing in the deserted streets of the town at night. There are even some who claim they have seen the ghostly horse as well as its ghostly rider, a beautiful young woman who looks like an angered goddess. People of Cabugao thn,k it is none other than the valorous :Maria Josefn Gabriela, wife of Diego Silang. )\·[any stir ring things have happened in Cabugao, but none as stirring as when the heroic Maria Josefa Gabriela rode into Cabugao to enlist the :.id of the inhabitants in her revolt against Spanish desJlOtism. Her husband, Diego Silang, had only shQJ·t· ly before been felled by an assassin's bullet, but the extraordinary woman that she was, 8he vowed lo continue the fight even if the odds had become almost insuperable with the untimely death of Silang. The people of Cabugao rallied to her side. That was nearly two hundred years ago and in compa1·ison, the happenings of the present might appear humdrum, even insignificant. But it is not so. The enemies that the people of Cabugao, as well as that of t he whole country, have to conteud with - hunger, poverty, unemployment, and othe1· flocial and economic il!s - are as insidious <.~nd deadly as the anogance and tyranny our ])eoplc suffered in the hands of our foreign conquerors. Thus there is no call at all to belittle the EC· complishments of the dedicated men who hold the reins of locnl gover nment however modest these accomplishments might appear to be. Some of lh~se projects, already finished or on their way to being completed are the following; 1) Construction of two big market buildings 2) Asphalting of municipal roads in the poblacion 3) EEA road building progmm from Bato to Benang to Cail-l;.~yan to l\laradodon (P43,000) 4) Improvement of public plaza, including the construction of two stages and an auditorium 5) Relense of P77,500 for construction of communal irrigation dam 6) Improvement of waterworks system, with the acquisition of 2-1/ 2 kilometers long of 4-inch pipes 7) PACD inigation projects a) Reppaac communal irrigation system b) Cael-lnyan communal il"l'igation system c) Mat'adodon communal irrigation systen. d) Cuantacla communal irrigation system 8) PACD multi-purpose pavements a) Sagayaden b) Pila c) Turod d) Salomague e) Dadapan Sur f) Sabang g) Namuangan h) Nagsantaan i) l\Iaradodon j) Camsipan k) Cuantacla 1) Danlarat 9) PACD fishing nets a) Namuangan b) Pugas 10) Five artesian wells Program for further improvements ; 1) Construction of new municipal building 2) Construction of more feeder roads 3) Improvement of school buildings and grounds PIDDIG THE people of Piddig illustrates well t he fine traits for which Ilocanos are noted - they are thrifty, industrious and sturdy. Agriculture is their chief industry and they produce rice, com ~u.d tobacco. But like many another town in the region, agriculture alone cannot support its population. So the people have turned to home industries like weaving, livestock raising, basi manufacturing and other handicrafts, These home industries have been so well developed that even if Piddig were a rclativdy small town (latest census figures place the population at a little over 11,000), it can claim some rr.odest progress in the past several years. For example, some of the accomplishments of the present administ1·ation are: Irrigation: Completion of Bola, Salpad, Sla. Page 30 Maria and 1\rarwaya Dams. Puericulture Centers in the Poblacion, Laga ndit, 1\laababaca and Tonggawan. Road Construction: Sta. !\!aria Road, Callo~a Estancia Road, Babay barrio road a nd the riprapping of Garcia and Velasquez streets. •. Artesian wells: Lagandit Bo. # 11; Gayomol Bo. #6 ; Barrio Vera and Barrio Sta. Maria. School buildings: Four Pre-fabs in Bo. Calambeg, Estancia, Baybay and Tonaton. Completion of the public market costing P2,500.00. The town officials are: Atty. Emeterio T. B1ll· guna, mayor; Emilio F. Asis, vice mayor; Atty. Aproniano B. Nicolas, Samuel Tomas, Atty. Viceute B. Agustin, Noel Estabillo, Regina Santos and G:do Bautista, members of the municipal council. NOVEMBER-DECEMBER, 1962 SAN ESTEBAN MANY a time one is stricken with something like awe at the aptness of some old saying that seems to have lost much of its brilliance or vitality. Certainly one might very well be misled into believing that the town of San Esteban can be easily dismissed as something altogether insignificant or not worth telling about at all. F'or a fact, it is. a very small town, with a population of oni)· a little more than four thousand. Indeed, there are many barrios in the country which can boast of a !Jigger population. But as the old saying goes, the least is not always the last. And to prove i t, San Esteban can claim to the distinction o( having the highest lite!'acy rate in the whole province of llocos Sur, as DCr the 19GO census. Besides this, San Esteban is also attracting attention :~s a very fast-progressing town. Progress has really been greatly accelerated during the administration of the incumbent maye r, Dr. Samuel E. Orpilla. Now in his second term, he is ably assisted by the following town officials: Sebastian Cadacio, Vice Mayor; l<~rancisco Edralin, Teofilo Ebojo, Ernesto Estrala, Filomeno Eleccion, Eleuterio Europa and Gregorio Corpuz, Municipal Councilors. Other key officials are Godofredo M. Vergara, Municipal Secretary; Eusebio E. Agustm, Municipal Treasurer; and Jacinto Casimiro, Chief of Police. The following are some of the highlights in the progress of the town since 1956: Irrigation: Communal irrigation dams in Cabaroan, Ansad, Pangiiagpuan, Cappa-cappa and Ananang. Puericulture and Health Centers: Barrio Sr..n Rafael Sweepstakes Community and Health Center, Barrio Ansad Sweepstakes Community Health Center, Tanmrong Rural Health Center in Barrio lia~ teria, and Barrio Apatot Rural Health Center. IWads and Bridges Comtructed: Bailey bridge linking Barrio San Pablo to Barrios Bateria and Apatot; reconstruction and improvement of the San Pablo-Bateria~Apatot road; widening and improvement of tbe following roads; Poblacion-Ansad-Cabaroan Feeder road, San Rafaei-Cappa-cappa-Bengf1gang road, Sau Nicolas-Apatot Barrio road, Cabaroan-J\.fandulon Barrio road; filling and improvement of all municipal streets and culverts; improvement of the Bigbiga barrio road; construction of the Cappa-cappa, Cabaroan bridge and Mandulon bridge. Artesian wells drilled at Barrios Cabaroan, Mandulon, Ansad, Cappa-cappa, San Nicolas, Pobla~ cion East, Poblacion Wests, San Rafael, Biga-biga, Sabafigan and Tamurong. Soon to be drilled are at San Pablo South Central School, Southwest Pobla~ cion, etc. Schools: 1) Construction of a duplex pre-fab~ ricated schoolhouse, a Home Economics building, a shop building and the repair and improvement of the Ansad Barrio School; 2) Construction of an H . E. Building, a duplex pre-fabricated schoolhouse and an additional room lo the main building of the An* ead Community School; 3) Repair and improvement of the South and North Central School buildings including the Shop building. Other construction projects underway: A new f50,000 municipal building; a Pl5,000 public market; a 1"4,000 library-youth center; a P5,000 con~ crete public stage; fencing and improvement of the public plaza; opening and establishment of a municipal library and the construction of a public toilet. Projects to be undertaken: 1) Construction of waiting sheds and other barrio projects; 2) Purchase of athletic equipment and park paraphernalia as a measure to minimize juvenile delinquency; 3) Formation of a municipal band, with musical instruments donated by civic-spirited townmates in the United States. Also underway is the construction of a multi~ purpose pavement at Barrio San Pablo and a spring development project under the GIA and PACD at Barrio San Nicolas. In the cultural field, the administration has reorganized the San Esteban Telstar Rondalla ar,d guided it to become the "Champion" in the province. The local administration has also initiated the yearly citations of five outstanding citizens of San Esteban as a means of awakening the interest of the youth to live up to the expectations of their parents and the community. TURN TO PAGE 42 FOR MORE ON TOWN SURVEYS KHAKI & RED Page 31 E~=r~~ ~~i:r ~~r;th~a~i:!:.lfe 1~g~~sc;:ren::r:~~: believed to have come from a neighboring Asi~n country, paradropped somewhere in Central Luzon, and began to advance steadily to the nation's capital. The Philippine Constabulary, given the mission to stop the advance, continued to hurl government troops to contain the enemy bUt to' no avail. At the same time, dissident forces massed and started to assault governrrlent installations. Agitators and rabble-rousers, believed led by enemy officers, undertook an insidious propaganda campaign to discredit the government and incite the people to rise against the constituted authorities. Enemy saboteurs went on a rampage in several business centers of the country; oil refineries and agricultural fields were set on fire by arsonists; enemy jet planes bombed ari'd strafed Philippine and U.S. air bases; enemy submarines were sighted in Philippine waters and were reported to have landt:d ar~s. ammunition and supplies to enemy forces. The threat to the nation's security was mounting. The enemy continued to advance; the situation was hopeless. Because of this threat, the government transferred its seat to I;aguna. he Philippine Constabulary headqunters moved to at.angas wher it expecte~ to make a last stand against "t e enemy. This imagined situation ended CPX '!SUBOK," the five-day simulated exercise of the Ehilipprne Constabulary to test its efficiency in atv national :~:r~ee~~Yio ~~i~ ~~r::~a~de~o~t5,eX:~~is:f~s1ig~:: ~:b weld each staff into an effective team, d~\'elop co· ordination between staffs, and train the ·staffs to function smoothly and efficiently under a national emergency." CPX "SUBOK" did not involve physical movements of troops, which were all on paper, It was the first exercise of its kind conducted b): a major command, to test constabulary efficiency in keee!_ng order in the rear areas including anti-sabotage and anti-insurgency operations. All the time during the duration of the exercise, business went on • s usual in Camp Crame. ~• xercise Director was Brig. Gen. Nicanor D. cia, then acting chief of constabulary, and the p ticipants were all PC general and special staffs. The general staff is composed of Col. Ciceron dcla Cruz, PC personnel chief; Col. Luis Yillal·eal, PC intelligence chief; Col. Faustino Sebastian, operations chief; Lt. Col. Pedro Javier, logistics chief; and Lt. Col. Joel Santos, PC comptroller. Col. Aveline Sauco, PC school Commandant, was designated Chief Umpire in the exer~se, while Col. Angel Legaspi, deputy chief of constabulary, was designated "SUBOK" commander with Col. Lucus V. Cauton, PC chief of staff, as his deputy. Other officers assigned to the exercise were: Lt. Col. Patricio Buyson, "SUB 0 K" intelligence chief; Maj. Paciencio Magtibay, operations chief; MAjor Page 32 CPX S \l By Daniel P. Floro Henson, Logistics chief, and Maj. Juan Ma· niquis, as "SUBOK" comptroller. Brig. Gen. Ricardo G. Papn, deputy AFP chief of staff, Brig. Gen. Rigoberto Atienza, IV PCZ Commander, and Brig. Gen. lsmael Lapuz, I PCZ commander, led observers from llther major services ~na~~!:~ g~~~;~,!~~d~~~~~~~~:~';~~ckua~e:~. c1~~: Col. Horacia Reyes and Lt. Col. Guillermo Garcia ~;r:~;.cei.e~~f!il~:rG~an~~~~Tpt:~~rHYii::fu i6f~ and Lt. Comdr. Celestipo Loria, navy, Capt. C~ar Miel, AFP personne~ division; Col. Bias Alejanare: and Lt. Col. Mario J:hnaeng, AFP intelligenee di\•i· sian; Col. David Palayo and Lt. Col. Gonzalo Batad, AFP operations difi.sion; Lt. Col. Marcos Garcia, Lt. Col. Cesar Flor, Lt. Col. Ricardo Almachar and Lt. Col. Pearo Ramos, A~P logistics division; Lt. Col. Emilio Zerrudo and U. Col. Jose de.l Castillo, AFP comptroller division. Lt. Col. Richard Lehm~n. PC JUSMAG advisor, was also an observer in the exercise. At 0900H December 10, an orientation was held to acquaint the participants with the objective of the exereise and to clarify administrative instructions. The oricntatl6n was attended by the Director, Umpire and Support Groups. Forthwith, at 1300H that same day, the PC headquarters in Camp Crame went on "Red Alert," a condition of combat alertness. which was not lifted until the termination of the simulated exercise. Passes were cance11ed, and men on leave and furlough were reCalled. All slept in. Camp Crame from start to finish of the supposed long fight. PIO, HP The simulated exercise is efficiency in times of n NOVEMBER-DECEMBER, 1962 3UBOK'" .et P. Azcarate '10, HPC __.,..~~mew~~;e r~~it~~~~ r~~~t'l;er~1~n~~ve a~~r'1:;~~\':s~ ~ Pampanga. The PC drew its reinforcements from the 1St Infantry Division/ AI~. of course, oc_____. curred only on pa~.t. ~'SUBOK" was complete in itself. Direcorders were issued as if they were real. March orders, war maps, traffic diagrams for ve. ~ I hicular movements, reorganization of PC units, 1 eapplied to a situation where there was. a pr~ abiht_ y quests for funds, gasoline, s.upplies and ma~el'ials of its taking place. With the world sttu bon as 1t were made. The orders also mclude~ evacuat.10.n. of ie, these theoretica) events might happen. ne ne- patients, and refugees; commandeer!ng of ClVJhan yer knows. v icles for transport; issuance of ftve-month salaLike all military exercises, CPX "SUB code names. The development of the exe based on a crisis between two world pow ening to knock each other off over a Jesse which had set up missile bases poised at t ity of one world power. In a determined bid teet her interests, the threatened one forces e is;. aue and the amaH nation is forced to dismantle its miuUe aites. Th18 world PIArv then sets up a lose watch over developments.· Meil'tKime, another coiln!~e w:;~i~:faa:!~r~~tfo"r!i~:nibe che~a~~of~~7~ aggreasor country intetlds to encroacli upon all the ::~~~ :~~o:e~ :::~~~;a .. ~~~.i.ppines. Thus, the Simulated situations piled qpon one after another as the exercise progressed )lour-by-hour, dayby-day. For all intents and purposes, it was the real "McCoy." Reports of intensified insurgent ahd subversive activities in the country kept coming in. The enemy was infiltrating government as well a.s =~~!in!t~~:n~Pfr~~{i~ga~~ ~~~re o:o~~i~~i:;n~i:: A familiar pattern came out: these we~ attempts of the enemy to destroy the economy of l'tie country, panic the people and thtow the government rna· chinery into chaos. ~ With peace and order conditiOns deteriorating, the PC placed all local police forces under PC control and mobilized its troops. In one theoretical .situation, Col. Legaspi as ''SUBOK" commander, threw three battalions of government troops against 1e is a test of Constabulary of national em~rgency. KHAKI & RED r s to PC troops; release of civilian personnel from rk; and induction into the service of needed peranne!. Spot promotions for gallantry in action and awards or decorations were also provided for in lhe exercise. It involved all tlie necessary activities and all elements existent during war-time. A critique on CPX "SUBOK" was held on Dec. 15. Umpires assigned to each office in Camp Cramc )\'ere.. required to submit reports on the reacticns ·~v~~ea~~~~~t~~~ ~~ t~o~~!~~~~~~~~ft~i~~: ~~e~:i~~~ t~~ ervers from other major commands were also oiJowed to comment. At the orientation briefing before the actual start of the cxercise1 Col. Sebastian pointed out that it would be better for the staffs to commit mistakes during the exercise and know about them so that they may Jearn from these mistakes and be better prepared in case of a real emergency. It will be recalled that at the outbreak of the Second World War, the country's armed forces were totally unprepared. CPX "SUBOK," with all the possible war-time situations, is to train the PC to cope with any contingency of this nature, It nlso attempts to weld the PC general and special staffs into an efficient e~ecutive group. The exercise tests how efficient and effective the constabulary can function under a national emergency of this nature. Based on the critique, CPX "SUBOK" was considered a success by PC authorities. This conclusion was the result of an !lnalysis of t he strong and weak points noted in every participating office. Constabulary planners pointed out after the exl'l'cise that the Command could take care of itself, cope with emergency situations, and be able to secure rear areas in case of a real emergency. They stre.ssed that the PC was now ready for any ewntuality. If at all, CPX "SUBOK" assured the people that if present world conditions changed from b«Cl to worse, the Philippine Constabulary would ~e more in a position to help t hem and secure then· safety. It is the consensus that, unlike during the last World War, the PC, as any other armed services, would not be caught "with its pants <lown," disregarding an aerial atomic attack, of course. Page 33 Road Safety •.•• (Con!inzted from pa{le 8) which concern our peace-time or emergency ecoJ,omic planners and logisticians. One thing to remember, though, is that plans arc made for the purpose of improving the overall economy and the sociological and political conditions of the country. THE LOGISTICIANS' ROLE lN TltAFFIC PLANNING This includes certain aspects of industrial and economic requirements related to furnishing supplies and services. Logistical planning is also nne of the bases for the many successful operations of government agencies, such as the Department of This docs not mean, however, that we should make streets one-way to attain maximum efficiency. This is not only impractical but impossible to attain in many instances. A well prepared plan will, hewever, enable the maximum and safe utilization of such roads. One must remember that when the possible ea!>acity of highways has been reached, the result is a high degree of restraint on every drive1· or motorist. particularly under conditions that arc wholly intolerable, such as often occur during rush hours or in emergencies. f'ACTORS AFFECTING ROAD CAPACITY Each type of road has the so-called "practical working capacity." It is the maximum volume that Each type of rMd 1143 the so-cnUtd "prcuticat 1uorki71.9 ctJ..paci!y" National Defense, the Department of Commerce ahd Industry. Department of Labor, National Civil De· fense Administration, Civil Aeronautics Administration, the Department of Public Works and Commun· ications, etc. In lime of emergency there is usually an increased demand for supplies and services, therefore a system of priority and allocation is tn· hercntly necessary for a fairly equitable allocation of supplies and facilities. Implementing and limit· ing orders and regulations are made ahead of time, and their proper or propitious institution is essenlint to successful operations. Take the problems of vehicular traffic flow. To attain the highest flow of traffic, the highways by necessity must be regarded as a "one-way streel." In ancient times, the Romans used the "one way streets" and special off-street parking facilities fot· chariotg, which were located on off-travelled places. Page 34 will permit a reasonable degree of freedom from congestion. Traffic engineers in countries with high degree of motor and traffic development are agreed that the greatest capacity volume is obtainable at uniform speeds of about 30 miles per hour (M.P.H.). The operations of traffic based on a speed of 30 m.p.h. and on a scale of 100 vehicles to a mile, should therefore be a good figure in computing tht> rot~d capacity required in mass movement of vehi· cles. This is a practical aid among traffic polict> officers in routing traffic flow to avoid confuston ot• congestion during rush hours in usually heavy traffic movements, or in an emergency. Experience gained by the U.S. Highway re· search committee on highway capacity indicatrs that "on a two-lnne (lane-width of 12 ft.) each un<lircct.iona\ highwny where traffic flow is uninterrupted, a volume of 1,500 vehicles per lane per hour NOVEMBER-DECEMBER, 1962 is practical." This is at an average speed of 30 miles per hour. Probably, the Traffic Control Center (TRAFCON) of the Philippine Constabulary is one of the agencies in the Philippines today which is in a position to undertake planning for an orderly vehicular movement in case of emergency on an inter-prc-vincial, city or nationwide basis. Traffic planning, however, should be made in coordination with civil defense, local police forces, and other agencies of the government concerned. During evacuation, problems involving the heavy use of motor vehicles which most likely, will occur in large urban areas such as the Manila at·ea, Cebu. City, Davao, etc., the use of certain routes ~ Time in minutes to pass a point equals the number of vehicles times 60 (running time) divided by avemge speed of vehicles (Miles in Hours) times number of vehicles to the mile (vtm). Allowance for "human error'' for large mo\ ements may be fixed at 25 percent of the number of minutes to pass a point. The above formula may be used as a guide but actual conditions should be studied and plans should be so made as to suit the different and changing conditions. Other factors that tend to reduce practical capacity are restricted lateral clearances, narrow shoulders, vertical constructions, bridge trusses, and parked vehicles on road sides which reduce the effective width of a trafiic lane. It is to be conceded There should be a practical ai(l among traffic police in ro1tting tra.ffic flows to avoid congestion and confwtion auring 1'!!Sh honrs. should be pre-determined. It will probably be necessary that certain routes will have to be used by more than one group of people, in which cases, "block timinr" would be essential. By "block time" is meant the use of certain group of vehicles at certain fixed clock times which must ensure that all vehicles of each group are cleared of those roads within the time allowed. This will necessitate establishing control points. The time taken by a group of vehicles to pass a point governs the amount of time for which any stretch of road must be allotted. This is important in organizing any large scale moYements, and is particularly essential when it involves civilian motorists who, as individuals, are not ordinarily organized. As a further guide, the following is a s imPle formula for calculating the time to pass a given point taken by a group of vehicles: KHAKI & RED that Jane width and lateral clearance also affect driving comfort, speed, safety and accident rate. Narrow shoulders reduce the effective width of a traffic lane by the natural tendency of drivers to travel nearer the center of the pavement. For this reason traffic officers should exert efforts to reduce such hazards. When vehicles are disabled, the greatest detrimental effort on the capacity results, especially where disabled vehicles are not immediately cleared off the traffic lane; and this happens frequently in our highways. Right now, disabled vehicles left in the center of the roads <1l'c the greatest cause of traffic jams in Manila and on many highways. Police forces or highway traffic agencies should provide tow-vehicles to remove disabled vehicles from the travel portion of the roads. Towing could be done at the expense of owners of (Continued on page 36) Page 35 ft wm l•r rd>Rrrz•rd thnt the t"mpo in the implementation of the Socio-Economic Program has increased recently, inclztding the bztilding of m.ore 1·oads. Road Safety , . , . (Continued from page 96) disabled vehicles, as what they do in the U.S., Canada and other countries. Owners of towed vehicll's are charged certain amounts depending on distance, place and kind of vehicle towed to cover administrative and operating cost. Similarlr, government vehicle inspection should be tightened to reduce, if not altogether remove from the public highways, dangerous and non-roadworthy vehicles which are the greatest cause of danger to human lives, of traffic jams, and of unnecessary national expenditure, in terms of maintenance and operating cost. Some factors t·esponsible for such situations are the attitudes of operators, indifference of some traffic enforcing officer, poor attitude of the general public, and, most important, the poor maintenance program and replacement policies of both the private and gover nment sectors. A well planned preventh·e maintenance program assures continuity of service with minimum "down time" caused by mechanical failures. It also promotes safety and prolongs the economical operating life of equipment. Some of the basic factors in any preventive maintenance program are: Planned periodic inspedion and maintenan{'e based on actual operatior.s, careful selection of maintenance staff of both capable workers and supervisors, clearly defined auth£.'rity from management to carry out the program and accurate record keeping system. It would me?.n Page 36 more safety and better service to the riding public and increased income for the management when this aspect of the transport industry is viewed with more concern. Not to be forgotten however, is the replacement of vehicles and equipment policies in the entire transport industry. A great deal of preventive maintenance policies and procedures hinge on replacement policies. Normally, replacement policies are promulgated and then a systematic, tightly controlled preventive maintenance program is H:t to work. In terms of highway capacity, we can say generally that one commercial vehicle on a route facility in level terrain has approximately the effect of tv•o passenger cars and of four passenger cars if on rol* ling terrain. Generally also, commercial ''chicles occupy a greater road space and influence other traffic over a larger area of the highway than do passengers cars. Commercial vehicles usually tra·.rel at lower speeds especially on grades or rolling terrain. Thus, when a highway is operating at its maximum capacity the total number of accommodated vehicles, is less if there are commercial vehicles than if the trafic were composed entirely of passenger cars or similar vehicles. EFFECT ON NATlONAL PREPAil:EDNESS It will be observed that the tempo in the implementation of the current socio-economic program of the government has increased recently. Conse(JUently, the managerial skills and innate ability of our human resources as well as the vast capacity of our natural resources, will be continually put to (Continued on page 38) NOVEMBER-DECEMBER, 1962 The Court .•• (Contimud from 1)(10e 7) pelnte review action is necessary before execution of the bad·conduct discharge can be effected. Save in those based on pleas of guilty, sentenC(,S involving discharge (dishonorable or bad·conduct) and confinement in the penitentiary shall requ1re appellate Review (Board of Review) action approved by The Judge Advocate General before execution may be ordered. After holding that the record in a case is legally sufficient t.o support the findings and sentence, the Judge Advocate General shall advise the Reviewing Authority from where said record was received, who will in turn order the execution of the sentence by causing to be published an appropri:.te court.martial orders. Sentences requiring confirmation by the President (before executions are ordered) are as follows. (a) Any sentence respecting a general offic('r; ( b) Any sentence extending to the dismissal of an officer; (c) Any sentence extending to t he suspension or dismissal of a cacld, flying cadet, probationary second lieutenant; and (d) Any sentence of death. There are, however, exceptions to the aforemlntioned rules. For example, in time of war, the Sf'ntence extending to the dismissal of an officer telow the rank of Brigadier General may be carried into execution upon confirmation by the Commanding General of the Army in the field. Likewi!!e, sentences of death against persons convicted of murder. mutiny, desertion, or espionage in t ime of war, after action by a Board of Review approved by The Judge Advocate General and confirmed by the Commanding General of the Army in the field, may be carried into execution. In a case where the court-martial is appointed by the President, or in time of war where the Commanding General of Army in the field is the Reviewing Authority, confirmation herein required is no longer necessary. Approval of the sentence renders the same executory. Following the compliance with the aforemen· tioncd rules, com·ts-martial sentences are already executory. Executions are effected by the promulgation of appropriate Courts-Martial Orders. After the promulgation of the appropriate Courts-Martial Orders, no other orders are neccflsnry from the convening authority to effect the sentence. Only implementing orde1·s a1·c thereafter issued as may be necessary. Such courts-martial orders are sufficient bases for any implementing unit and/or officer under the command to enforce the sentence. In the case of a summary court-martial, however, approval of the sentence by the convening authority which should be reflected on page 4 of the charge sheft, renders the sentence enforceable. The promulgation of a court-martial order is not required. In the full sense of the term, a court-martial i:;; not a court as the same is understood in civil phraseology. It is not a part of the judicial systf.m but simply an instrumentality of the Executive power. Not being a component of the judiciary, it is not an inferior court, and no statute having placed it in a legal relation therewith, its proceedings are not subject to be directly reviewed by any court, KHAKI & REO AFP DAY The Armed Forces of the Philippines observ('d the 27th anniversary of its founding last December 21, 1962 in simple ceremonies at Camp Murphy. The highlight of the ceremonies was the presentation of awards to A FP men of the year. They AFP Enlisted Man of the Year TSgt JoseF Fot.ros 475243 P AF GHQ Enlisted 1\lan nf the Year SSgt Saturnino F Diota 522567 P A PA Enlisted Man of the Year TSgt Adriano B Quevedo 503069 PA PC Enlisted l\lan of the Year TSgt Alejandro R Orotea 498172 PC PAF Enlisted Man of the Year MSgt Eug-enio Puente l lt1 138 PAF PN Enlisted Man of the Year MMC Edon J Pncheco 477028 PN either by certiorari, or otherwise, nor are its judgments or sentences subject to appeal. It is purdy an executive order designed for military use, put into existence by military orders. Like any military body or person, it is subject to the orders of a competent military superior. Tts existence, as well as the power to act upon its proceedings, are attribules of command. It is on this wise, that the execution of its sentence is purely dependent on the action of the military superio1· who created it. CAUTION (Prepared bv tho Conuabvlory Storr JudQe A.dvocot• "' llno wall pronounc~ !XIIIcle• or So<:rct~ry of National Oefen•e Macario Peralta, k. this or• nge light appe•" •• 1 parting word In t~e revi•~ ""Primer On Strike Dut;os"" re<:enlly dislributed by T1 & EO, HPC.) a) In the performance of duties enumerated in Section IV, pars. 1, 2 and 3 of this primer, AS A GENERAL RULE, such remedies as arrest and seizures should be resorted to only when other measures such as persuasion, appeal to reason, etc., calculated to convince the strikers m· pickcteers to confine their activities within lawful limits shall have failed. b) In some instances, unlawful activities of strikers may, by positive intervention, be restored to peacefulness without resorting to drastic actions. There is nothing like giving the strikers a second chance. Where annoyance has been removed by peaceful means, further action need not be under· taken unless there is persistence or oositive de· fiance. - c) Unless required by a court order specificaily directing it, under no circumstance will force or compulsion be used for the purpose of confining the activities of strikers and/or picketeers to lawful limits except incident to the exercise of arrest (a crime must have been or being committed) in which case ONLY THE MINIMUM necessary to effect it should be employed. Road Safety .... (Contimu:d from page 35) crucial tests that should give the nation the confidence and proficiency desirable in the face of a final test especially in an emergency. Since the end of Second World War rapid progress has been achieved in this country both in rehabilitation and reconstruction, as well as in projects to update the country's basic facilities aud services. The expanded economy, concommitant with the growing population, imposes additional requirements for complementary public services and utilities, particularly in the transportation field, b<;th for needed goods and products and the riding public. Plans, however excellent, are of little worth without the means for their execution. In a sense, logistics is an economic force which is conditioned by the nature of the task to be performed. Certain requirements of the civilian economy are basic to the support of an emergency effort, which may be war-supporting, and to those which the civilians must have for their necessities. Civilian requilements are those necessary to maintain "acceptable" Jiving conditions and keep up public morale, while military requirements are obvious. In the event that civilian requirements should become part of the total requirement in a mobilization or an emergency, consideration should be towards an equitable division of resources with every sector bearing 1ts share according to the situation. WHAT THAFCON CAN DO TO HELl, INCREASE ROAD CAPACITY EFFICIENCY Section 20 of Executive Order 209 dtd 19 Oct 1956 provides, among other things, that the "func· lions, powers, duties and responsibilities of the Traffic Control Group of the Philippine Constabulary shall include but not limited to the enforcement of traffic and safety laws, rules and regulations, ... ". It is further pointed out that under Sec. 21-C of Executive Order 209 the Headquarters of TRAFCON (PC) shall " .... develop instruction, standarrls, JH'ograms and procedures for traffic control ope;:a· tions". Uunder such provisions, it can be assumed that the TRAFCON is in a position not only to help other law enforcing and regulating agencies apprehend traffic violators, but also help frame such rules and regulations for the maximum and safe utilization of our highways. This is especially so, considering that of all the agencies involved in the traffic problem of ou1· country, TRAFCON has the personnel and equipment that can be used to advantage. Public policy and need dictate that where agencies are in a position of advantage to help solve f:ocio-economic problems of the country, they should be utilized and/or heard. Considering that Constabulai'Y Officers are potential traffic officers, they can be a major factor in our traffic and safety improvement program, given the proper authority and support. (Continued on poge 40) Plrrns. h .. wemJr C)'tellent, ltre of litllo: worth wifho11f the WCI!I!.~ frn· fhei,· rxco!lion. Page 38 NOVEMBER-DECEMBER, 1962 Uli/ICCCslmry changing of Innes has cmlsNl many a traffic jam. The Trafcon .... (Continued from. page 9) Motor Vehicle Law and other traffic laws. This function dates back to 1933 when the "Triple Alliance" was entered into by Brig. Gen. Clarence Bowe1·s, Chief of the PC; Mr. A. D. Williams, Di· rector of Public Works; and Mr. Luis Torres, Semor Public Service Commissioner. The initial group which was headed by Col. Azurin and acti\'ated on December 1, 1954, was composed of 12 officers and 41 enlisted men f1·om the different Army units. These military personnel underwent a rigid training conducted by technical mt:n from the Motor Vehicles Office and the Public Serv· ice Commission. All phases and intricacies of the Motor Vehicle Law and other traffic laws WE're (·xplained. This was supplemented by pertinent memoranda and SOPS covering :ll! phases of the new job. But however competent and efficient these fnv men may have become, traffic violations and accic.!. ents continued to haunt their minds. The opemtional responsibility of the TRAFCON encompaSS{'S the entire Philippines-the area of operation beio1g divided into 8 traffic districts with a traffic team of one officer and four enlisted men to each cii£trict. The TRAFCON, therefore, in relation to 1ts area of coverage, was and still is very much undumanned. On October 19, 1956, through Executive Order No. 209, the group was authorized a complement of 150 (38 officers and 112 enlisted men.) The new set-up provided for a staff of 6 officers for its headquarters and 32 for distribution to the different KHAKI & RED provinces of the four mitilary areas, General Order No. 348, GHQ, AFP, of December 11, 1956, redivided the area of operation into 28 traffic dist1·icts in line with the increase in personnel and for a better traffic control and more effective supervision. Since its organization in 1954, the TRAFCON has survived several chiefs. It had been headed by Col. Azurin, Lt. Col. Amadeo Garcia, Col. Leopolda L·. Acot, Col. Luis Uranza, in that order, and, presently, by Col. Jose D. Regala. But after its reorganization in 1956, the group has ceased to grow; its personnel has remained constant at 150. The question arises: Can 150 men, with only 37 patrol cars (only 25 of which are in running condi· tion) efficiently and effectively cover a total of :l6,521,491 road kilometers? Can these 150 men ac· count for 219,000 registered vehicles and 337,562 iicensed drivers? The answer, obviously, is no. But, it is sad to say, lack of funds has hindered the TRAFCON to expand. Well aware of ils limited capabilities, the TRAFCON concentrates its operation along criti('al areas to cope with situations normally expected to al'i!>e because of seasonal activities. Among such operations - which are provided with 24-hour coverage by the TRAFCON and other enforcement agencies - are the following : Ope1·ation Kennon Road, which covers the North and Southbound routes which are kept busy on summer by vacationists to and from Baguio; Operation Maytime, which covers the route leading to Antipolo; and Operation School Te1·m, which covrrs provincial-highway routes leading to Manila, for Page 39 The Trafcon • • • • (Continued /rr>m page 39) the opening of classes. Aside from the above-mentioned operations, the TRAFCON assists the Manila Police Mobile Units in "watching over" critical areas in Manila's suburbs. Tt aides the Motor Vehicles Office, the Public Service Commission, and other traffic bureaus, in !!'oing after dilapidated vehicles that pose m01·e danger than convenience on the highway. It also assists the GAO and the PAGCOM in going after officials misusing government vehicles; and the BJR in going after hot cars, smuggled to evade payment of taxes. These missions present several inherent difficulties and are too gigantic for the present composition of the TRAFCON. Besides, the MVO is not adequately equipped and organized to cope with the tremendous annual increase of licensed drivers and registered vehicles. Add to this the fact that safety consciousness is sorely lacking among our public service operators and drivers; and t he enforcement of traffic laws is lax. In fact, some unscrupulous agents have gone to the extent of enforcing traffic laws for personal aggrandizement, to the detriment of the group's prestige and standing before the public, In addition to these problems, our highways and roads are still of pre-war standards despite the increase in vehicular power, speed and weight of modern cars. Our speed limit have become very unrealistic in the face of these modern vehicles. In other words, our traffic Jaws are now out-of-date. The new TRAFCON Chief, Col. Regala, s uggests that for a more modern, yet more realistic traffic situation in the Philippines, our traffic laws ought to be updated and improved. He has in mind aNATIONAL TRAFFIC CODE which in effect, will incorporate, among other things: a) creation of a national traffic body to undtrtake studies, analyses, plans, etcetera, for a safety program which shall have the authority to direct agencies concerned with traffic, as well as agencies whose jurisdiction affects the traffic situaticn; b) creation of special traffic courts to try traffic cases to facilitate the speedy adjudication and/or penalization of traffic violators; and c) Designation of the TRAFCON as t he policeenforcing arm of the National Traffic Code so that appropriations may be regularly provided for from special funds. When this National Traffic Code will h:!.Ve come to being, if ever, the TRAFCON Chief will be a happy man. Equally enthusiastic and eagerly waiting for the implementation of this suggestion is Operations Officer Capt. Leonor M. Reyes. In the meantime, the TRAFCON, in its effort to promote traffic saiety on the highway, has adopted and launched the following measures: I. A traffic safety education campaign to r.cquaint bus operators and owners with the fundamentals governing their public utility operations; 2. A wet>kly driver-seminar on safety all over the Philippines; Page 40 Road Safety . . . . (Continued from page 88) CONCWSIONo There is apparently little or no precedent planning or figures for use as guide in solving our traffic problems at present and in time of emergency. It is necessary to initiate and periodically review plans and figures as a basic for future operations. If any emergency or evacuation plans should be macle and implemented, dissemination of all available information and details to the public is imperative. Any measure for road capacity efficiency must consider the space occupied per person in the moving traffic stream and the length of time that the spat•e is occupied in traveling a given distance. "Space per person may be expressed as the space occupied in the tJ·nffic stream by a vehicle of a particular type divided by the number of persons carried by the vehicle." The length of time that the space is occupied may be determined by the distance traveled by the overall speed of the vehicle. For comp;-,ring efficiencief:, therefore. of the different modes of road transportation, the speed of the vehicles, the space occupied by them in the traffic stream, and the carried load plus the restrictive factors, are the elements to be considered if conclusive results are to be obtained. The participation of the members of the AFP in keeping om· roads safe and in the socio-economic development of the Philippines has been a challenge and a philosophy likened to the words of Robert Louis Stevenson: "That man is a success who has lived well, laughed often and loved much; who has accomplished his task; who lea"es the world better than he found it, whether by an imprO\'Cd poppy, a perfect poem or a reserved soul; who never lacked appreciation of earth's beauty or failed to express it; who looked for the best in others and ga,·e the best he had." 3. Assistance to the Bureau of Land Transportation in t he enforcement of requirements concerning drivers' licenses and molor vehicle registrations; 4. Coo1·dination with the l\1 V 0, the P S C nnd the B PH with t he end in view of discovt>ring ways and means to promote safety on the highway; 5. Encouragement to school authorities to conduct classroom dissemination of pedestrian safety; and, 6. Supervision of local police forces and r.ll other traffic enforcement agencies in order to achieve standard and uniform enforcement oi traffic rules and regulations. The mission of the TRAFCON to promote traffic safety on the highway may be a difficult task; but it is not impossible of successful accomplishment. Accidents may be inevitable but with the cooperation of motorists, traffic-enforcing agencies and the general public, this catastrophe of highway deaths and injuries could be minimized, if not totally prevented. Then, the Philippines will be a safe ground to drive in. NOVEMBER-DECEMBER, 1962 Affidavits ...• (Contim1ed from page 5) Furthermore, the adve1·se party is deprived of his right to cross-examine and test the credibility of the affiant (Azcuesta v. Cabangbang, CA-GR No. 628-R, June 30, 1947; 45 O.G. 144, Supp., May 1949), and the court will not be afforded a chance to observe the demeanor of the witness while testifying. With respect to the right of cross-examination, Sec. 87 of Rule 123 says: Upon termination of the direct examination, tlte witneS& may be cross-examined by the advet·se pltrty as to any matters stated in the direct exam.itwtion or connected therewith, wit/1 sufficient fulncss and freedom, to test his accuracy an1l truthfulness and freedom from. interest o1· bias, or the reverse, and elicit all important fact:;: bearing up.m the issues. The right to cross-examination is a constilulional precept in connection with defendants in criminal c:tses. f'aragraph 17, Sec. 1 of Art. III of the Constitution reads: "In all criminal prosecutions, the accused shall enjoy the right to meet the witnesses face to face". This right of cross-examination will not be satisfied if the witness is allowed to be absent and only his affidavit is presented in evidence in lieu of his oral testimony. Thus it w:;s held that "while Exhs. 9 and 9-A are admissible as public records, the statements contained therein, as to the date of the supposed death of Juan ReyC:'s, are hearsay, because the declarants were not subjected to the test ot cross-examination. The date set forth in the said Exhibits is the date fixed by calculation of the affiants or of the one who prepal·ed the statements. (People v. Caggauan, et a!., G.R. No. L-5385, Dec. 28, 1!)53. See also Cordova v. Catile Bros, 18 Phil. 317 and Quinto v. Soriano, CAG.R. No. 765-R, Sept. 27, 1947). Not only that, the submission of affidavits in a case pending in court violates Sec. 77 of Rule 123 which states that "the testimony of witnesses shall be given orally in open court and under oath or affirmation". The rule that an affida,,it may not be presenh:d as an exhibit because the affiant is not cross-examined by the adverse party, does not apply, however, to an affidavit executed by the accused. That is so, because the affidavit may be a confession under Sec. 14, Rule 123, if the accused-affiant expressly acknowledges the truth of his guilt as to the offense charged, in which case conviction is assured. If not a confession, the affidavit may be an admission under Sec. 7 of the same Rule 123. In oth~r · word!'., an affidavit of the accused in the possession of the prosecution may be presented and admitted as exhibit but the affidavit of a witness is in:tdmissible as evidence because, aside from being hearsay, it also violates the law on confrontation. Said witness should be produced in open court. Before the affidavit of the accused is presented, however, the execution of the affidavit as well as the signature of the accused - affiant should be established to the satisfaction of the court. One reason why the f.echnique of taking an affidavit should be well understood, especially by those kHAKI & ReD connected with investigative agencies, is that the taking of the affidavit while the facts are still fresh in the mind of the witness is a great assurance that no detail, regardless of how trivial it a)lpears at the time, will be overlooked. In People v. Lopez & Laja, CA-GR No. 00190CR, July 26, 1961, 58 O.G., No. 14, p. 2938, the Court of Appeals held: Affidavits executed by eve-witness a few hours 1'fter an accident while the events attested to were stiU fresh in their "''inds desenJe 'IIJ.Ore credence than affidavits. of Teftractions exec1tted by tlw same witnesses a month tlwreafter, especially where said witMsses were not presented during tlw trial to support their affidavif..8 of retraction. Moreover, if a prospective witness knows that he has given a previous statement under oath, the possibility of changing his testimony at the time of the trial is remote. Whereas, if he has not at t.ll given any written statement under oath, he may change his testimony because of friendship, fear, pressure or money. The element of surprise from unforeseen testimony during the trial is lessened if some of the witnesses have executed their affidavits concerning the incident. To some extent the missing link or the undLveloped lead in the cnse will be disco\"ered after studying the supporting affidavits and other evidence on hand. Sworn statements will, therefore, form the basis of pursuing the investigation further. With the aid of an affidavit the witness \Vii\ have a ready guide when his turn to testify comes, even many years later. Litigations in the Philippines are tiresome, long, and time consuming. J!e~;ides, our court dockets are always clogged. 'fhe possibility of trying the case several years after the occurrence of the incident is not remote. Aside from refreshing the memory of the witness, it will al;;o serve as a guide for the counsel. In some instances the affiant will testify differently when put on the witness stand. In such &. case his affidavit may be used to impeach or discredit him. as was held in People v. Almado\"~r 84 Phil. 76, 83 Although affidavit may not, nnd~H the two-witness rule be used to prove his. overt acts of treMon it may at l.ea8t be utilized to im.peach the defendant as a witness, because of the oonflict betwee~t the contents of said written stateuwnt and his testim-ony in court du.ring the trUll in Sltpport of his. pretended innocence and professed loya.lty to the Government, aml it may be further 11sed to show his cidherence to the enemy. In People v. Agcaoili, et ul., G.R. Nos. L-30843085, June 6, 1950, the principal witness for the prosecution made two conflicting affidavits. In Exh. "1" he incriminated the appellants in the same way when he testified at the trial. In Exh. "2" he retracted the contents of Exh. "1". The court declared: This is certainly destructive of the witlless' credibility whU:h cannot easily (ltl overcome b!i the (Continued on PfltJC 67) ~age .41 ILOCOS NORTE: PAOAY THI~c~~ ~~~n~~:r~~tt~:i~~~}~ta~~a~u~·~\~~a:;I.J~~:~ the attention of a native of Paoay from his mo~t tender and impressionable years. One of them Js t~e Paoay Lake - a beautiful natural wonder that Js rich in legendary lore. The other is the ~oary, c;nturies-old Paoay church with its mass1ve flymg buttresses. People say that these two noted landmarks han! had something to do with the choice of a career among many a native son of Paoay. Sight of the lake is a soul-uplifting experience, while contemplation of the venerable church has provided Lhe inspiration and the answer to many perplexed youug men. Jn the whole province of Ilocos Norte, Pao;\y has contributed the greatest number of priests. In the town itself, those who have taken up the prie~.t hood as a profession outnumber the doctors, lawyers, engineers, teachers, mechanics and other ''0cations. The rest of the population are also t ngaged in such gainful occupations like farmitlg, fishing, salt making, weaving, basi manufacturing and other home industries. Paoay is a town situated south of Laoag, S{;L!~e four ki lometers west of Batac, seven kilometas north of Cunimao and fiYe kilometers from the China Sea east of Culi!i Point. It was established in 1701, by Don Martin Gm:wg. Originally, the settlement was very close to the coast, but the constant incursions of Chi1w:-.e pirates forced the people to move several kilometo:; inland. Incumbent officials of the town are: Gomersin do Echiverri, Mayor; Estanislao Bagayas, ViceMayor; A tty Bonifacio Clemente, Francisco Ralleca, Dr. Rafael R. Aquino, Glicerio Rosa!, Isidro Sadomiano; Alipio Galapia, Primiti\'O Arzadon and Eligio Cabugon, members of the Municipal Council. Other key officials: Lucas D. Caq>io; Justice of the Peace; Simplicia Cabilis, Municipal Treasurer, Crescendo E. Pobre, Municipal Secretary; and Jorge Plan, Chier of Police. Projects finished by the present administrationIrrigation: Galpac Dam (PACD ); Law is Dc.m ( PACD); Bugas Dam ( PACD); Burok Dam (PACD); and San Agustin diversion canal (PACD); totalling P10,000. A puericulture center costing P10,000. Artesian wells in Dolores, Pannaratan, Nalbuan, Salbang, San Bias, Paratong, Pambaran, Bac~i l, Suba, San Roque, Cabangaran, Nangguyudan, and Mumulaan. Road Construction: 1) Asphalting of the Procedsional road - P24,000: 2) Paoay-Balacad-Lauag road - P20,000; 3) Asphalting of Cemetery road - P2,000; and construction of Monte Bridge- P5,000. Schools: 1 pre-fab building in Pasil; 1 ann~x 2-room building in Nagbacalan; 1 Home Econom1cs Building in Nangguyudan; t one-room building P.Jlnex in Bacsil; l school buildi ng iri Sideg. Program for other improvements (To be impiemcnlNI ~tarting Jan. J, 1963 ) : Name of Projects Paoay Communal Irrigation System (6) Dili Dam Paoay School Building Nagbacalan School Building Paoay Public Theatre Paoay Town Plaza Paoay-Nagbacalan Rd. Km. 470.558 - Km. 481.665 Paoay Communal Irrigation System (6) Dili Dam Malaguip School Building (repair) Gabaldon Central School Building Paoay North Central School Building Paoay East Central School Building (repair) Entrada-Cementary road (Canst.) Concepcion-Provincial Road (const.) l\lacArthur-Cementary Road (const.) Cabuyadao Str to Gabur Dam Rd. (const) Town Hnll Various Public Works Projects Paoay l\Iunicipal Building Municipal Streets & Barrio Roads Paoay Feeder Roads Paoay Barrio School Buildings Central Elementary School Paoay-Nagbacalan-Balacad Rds. Paoay Communal Jrrigation Paoay Barrio School Paoay Communal Irrigation Nagbaca\an Barrio School Salbang Barrio School Bacsil-Mumulaan Barrio School Malaguip Barrio School Building Monte Bardo School Building Suba Bardo School Building Nalasin Barrio School Building Feeder Roads Communnl Irrigation System Paoay-Currimao Rd. (Asphalt) Amounts for above Projects: 15,000.00 2o.ooo.or 10,000.00 5,000.00 10,000.00 2,000.01) 10,000.00 7,000.0() 15,000.0C 1,000.0(1 2.000.00 1,000.00 1,000.00 10,000.00 1,000.00 1,000.00 32,000.0{} 2,000.(10 4,000.00 2,000.0(, 1,500.00 3,000.00 ),000.00 2,000.00 4,000.00 1,000.00 1,500.00 20,000.00 1,000.1)(1 2,000.0~ 4,000.00 9,000.00 2,000.00 4,000.00 10,000.(10 3,000.00 4,000.0·) 150,000.Vl' CERTIFIED CORRECT: GOMERSINDO L. ECHIVERRI Municipal Mayor NOVEMBER-DECEMBER, · 1-962 BANTAY T~~v~E ot~ean~:; g~p~~:~~~:. 0;h:~~sLt~= that the word "Bantay" in the dialect means mountain and the town was so named because it is the most mountainous in the whole first district of !locos Sur. The second is that "Bantay" in the dialect also means "guard." Anybody who wishes to go to Vigan, the capital of the province, would have to pass through t he town so that any army wishing to attack the capital must have to overcome fil·st the guards. at Bantay. This proximity to the capital of the province could very well have proven a big handicap to the community. It could have smothered the aspiration or the initiative of its inhabitants. But the peotJie of Ban lay, like the good Ilocano stock that they. are, have proven beyond doubt that they are self-rellar.t, indulltrious and hardy. Thus in the whole province, llantay is one of the most progressive towns. The following is a pdrtial list of the accomplishments of the present administration: 1) The asphalting of all the streets in the pobJacion; 2) Improvement of the municipal building; 3) Opening and completion of barrio roads connecting the interior barrios of Ora, Maliiieb, Cabu~ ligan, Quimarayan, Sagneb, Anannam, Tay-nc and Naggidayan; 4) Construction of permanent bridges at 1\h:liJieb and Tay-nc; 5) Improvement of barrio roads at Bulag West, Bulag Center to Taguipuro, Buimod-sagpat, PaiPg, and others; 6) Construction of foot-bridges at Sinabaan, Puspos and San Julian; 7) Construction of school buildings in the poblacion, Paing, Bulag, Tay-ac, Bulaleng, Guimod, :MaAccomplishments Irrigation: Galpac Dam - PACD ) Lawis " " ) Bugas ) Total P10,000 Burok ) San Agustin diversion canal-PACD) Artesian Wells: Dolores, Pannaratan, Nalbuan, Salbang, San Bias, Paratong, Pambaran, Bacsil, Suba, San Roque, Cabangaran, Nangguyudan, Mumulaan Road Construction: Asphalting of the Processional road - P24,000.00 Paoay-Balacad-Laoag road - P20,000.00 Asphalting of Cemetery road - P2,000.00 Monte bridge - P5,000.00 Schools: !-prefab building - Pasil KHAKI & RED lii1eb. Banawag, Tagaytay, Capaiigadanan, Ora and San Julian. 8) Construction of a concrete plume at Sinataan and Puspos; 9) Construction of the Ambuklao Generator in the Poblacion; 10) Construction of a Rural Health building, and some others of minor importance. Projects that are still to be finished: Irrigation dams at Nagtiripitian, Bahjet and Pe1·u. The projects have already been surveyed and only the approval of the Baguio and 1-lanila Offices is being awaited before the work begins. The money appropriated is 1'100,000.00 and is ready fot· release. Program for other improvements: I ) There is now a project that may be SJ>OHsored by the EEA regarding t he harnessing of the waters of the Abra River at Banawang, Bantay, juH about 150 meters east of the Quirino Bridge, to irrigate not only the ricefields of Bantay, but also all the other towns of the First District of Ilocos Sur and also some of the municipalities of the Second District of the province. 2) There is also a plan for the beautification of the town plaza and the construction of a "rotunda" nt the intersection of Govantes and the National Highway to Manila. The municipality is presently being administered by the following: Ciriaco P. Pare!, Mayor; Santos Pacleb, Vice Mayor; .Juanita Valdez, Francisco Parada, Igmidio Osalvo, Jesus Pabo, PetroniJo Hidalgo, Lorenzo Padre, Pascual Paranada and Crisanto Villegas, JI,Iembers of the l\lunicipal Council. Other key officials of Bantay are Judge Victorio V. Alcantara, Justice of the Peace; Constante del Castillo, Municipal Treasurer; Dr. Felicidad B. Lucero, Rural Health Officer; and Gregorio P. Pereda, Chief of Police. 1- annex 2-room building Kagbacalan - P3.000 00 1- IIome Economics building, Nangguyudan - 1'2,000.00 1- 1 room building annex - P2,000.00 (Bacsil) Completion of Sideg sch0ol - Pl,OOO.OO Other projects: Implementation for the construction of all approved artesian wells (1-Nagbacalan, 1-Bir.:on, Masintoc, Callaguip, Upay, Tacnir, Sideg, l\1apusdo, Paratong, Veronica, Cayubog, Sta. Rita. Construction of a circumferential road around Paoay Lake, passing Nagbacalan, Sungadnn, Pasil, Nangguyudan, Suba to Balacad road. McKinley st., Pobre I st., Young st., Municipio !:L, Taft st., Agbayani st.., Taborn st.. Green st., Balacad - Pasil road passing through Nalasin. Echiveni st. from Bo. 20 to Bo. No. lG., PC'blacion-Urzadan-Baraniw, Summe1' st., 4th ~t.. Paoay-Currimao Road to Monte. Page 43 TOWN SURVEYS (Continued) BATAC The Town With A HISTORY s~~o~~ s~~~nc:i\~~ ;:o~h~\'~:~~: t~~o~~:t:r1:1~1f the China Sea kiss the western rim of our country, and under the shadow of the mysterious Ilocos range, the town of Batac was founded by _the fa. mous Spanish Conquistador, Juan de Salcedo, m 1577. It is the birthplace of Bishop Gregorio Aglipay, founder of the Philippine Independent Church, GE'n· era! Artcmio Ricartc, that doughty old soldier \.\hO preferred exile in Japan rather than bow to American might, the vernacular poet, Jacinto Caoili, whose "The Life and Sufferings of Jesus Chriat," is still sung and recited during the Lenten seast.n, as well as of the late Assemblyman Julio Nalunrlasan, Senator Ferdinand 1\larcos and Congressman Simeon M. Valdez. The town of Batac can also point with pride to its heroic struggles during the Philippine Revolution and the Japanese Occupation. But Batac is not content to rest on the laurt>ls it has won in its glorious past. The present administration: Mayor Feliciano Q. Asuncion, Vice l\layor Atty. Fe Acosta-Aguinaldo, Members of the Municipal Council Pio Sabas, Marcial Cuanang, Leone! S. Verano, Gregorio G. Guittap, Santiago Abitong, Pablo Bactin and Allys. Consejo Lagmay-Nalupta and Julian Q. Chua, Municipal Treasurer Vicente S. Castro, Chief of Police Claudio A, Bag~c..i san and Municipal Secretary Alejandro A. Arcang('l. They have set a record of accomplishments that could very well be the envy of many Philippine towns. Among these that can be cited are the following: To minimize losses from floods which generally destroy crops, dwellings and human lives, dikes have been const1 ·ucted along the banks of the big 1·ivcrs in and outside the poblacion. To meet the needs of the common people for food, clothing, material aid and general guidance for the old and young, a unit within the office of the mayor has been opened. It is called the Office of the Social Welfare Administrat ion, Ilocos Norte Branch. Roads within the poblacion and in the barrios have either been improved Ol" newly opened. Bridges connecting several barrios have also been constructed, like those in the barrios of Quiling, Baoa, Nagbacalan, Cubol, Mabaleng, Parangopong, Nuto-B::obao. Artesian wells have been installed in the poblacion and in barrios Baay, Dariwdiw, Nagbacalan, Baoa, Rayuray, Palonpong, Bil-loca, Pagangopong, San Mateo, Payao, Colo, Tabug, Magnuang, Cubol and Quiling. Page 44 School buildings within the poblacion and outside have been considerably improved. In several schools, canteens maintained by teachers and pupils, have been set up. And to implement home industries, home economics buildings have been erected and they function within the school compounds of the poblacion, and in barrios like Baay, Bil-loca, Quiling, Tabug, Magnuang, Cubol, Colo, Maipalig, Sumader, San Mateo, Palongpong, Camandingan, Baoa, Nagbacalan, and Dariwdiw, In a number of barrios outside the poblacion, health centers have been established through the cooperation of the Philippine Charity Sweepstakes. Multi-purpose pavements and barrio halls have also been constructed in many barrios. To further serve the needs of the inhabitants, street lights and waiting stations have been installed in the poblacion through donations of civicspirited citizens, youth organizations and the :tid of the barrio people. But still bigger and more useful projects are IJeing undertaken or are being planned. For example, the blueprint of a branch of the Provincial Hospital of Jlocos Nor te in Batac has already been completed. The hospital will accommodate 25 beds. A total of P250,000 has been appropriated for its construction. Also underway is the construction of a library building, an amphitheater, and the renovation of the 34-year old municipal building, Surveys of communal irrigation dams have been finished by the Bureau of Public Works at Baoa, Rayuray, Nagbacalan and application for water rights construction at Cabarruan and Palongpong through the recommendation of the municipal nlayor with the aid of the PACD and the people. And for better security during the rainy season, a dike east of the poblacion from Palpalicong going northward to the end of Nalasin has been surveyed and is expected to be constructed soon. Also included in t he Mayor's program fol' further improvement of the town is the asphalting of processional streets and roads leading to the cemeteries. He is also considering the zonification of the poblacion to avoid disasters from fire and other calamities. Like any man of vision, enthuasia~om and courage, the mayor cannot be content with what has already been accomplished but would always strive for more feeder roads, better school buildings, strongly built irrigation dams, bridges, barrio plazas and many other improvements. Thus it can be seen that Batac, blessed with a great past to which it can look back with pride, hus an equally great and encouraging present. Its future is very bright indeed, as it will be built further on the solid rock of positive achievements. NOVEMBER-DECEMBER, 1962 CURRIMAO T~~e~t~·:t=g~fg ':~l:~ti:;p~~t:l~~:~1v~8~t~0 g~~ '~:t it is not enough. For a community to make any marked degree of progress, its inhabitants must posSl·ss the spirit of self-sacrifice, cooperatiion, traits of frugality and industry and the will to succeed. The community, morevover, must also have for its h•aders men of courage, wisdom and the dedication to work for the best welfare of their fellow citizens. The !locos region is not noted for good natural harbors; much of its coastline is hilly or sandy. Currimao, however, is one of the few good llo•;os ports. In this way, Currimao is already more fortunate than many of her sister towns in the Ilo~;os region. Currirnao is also blessed with a homogenf'US population of almost pure Ilocano stock. One would be hard put to find the equal of the Ilocano in industry, frugality, self-sacrifice, perseverance, and the will to succeed. Finally, Currimao is fortunate enough to h'l\'e men like Mayor Clemente F. Lazo, Vice Mayor Andres Reyno, Municipal Board Members Gervacio Gavino, Francisco Aglipay, Florentino Pascua, Antonio Pardo, Julian Agolod-od and Jose Dumlao. Other key officials are: Atty. Fidel P. Dumlao, Justice of the Peace; Jose R. Rub:, Municipal Treasurer; Juan Peralta, Chief of Police, and Foribio J\.I. Lazo, Municipal Secretary. They are, one and all, sincerely dedicated to their work and imbued with courage and wisdom to guide ably the destiny of CurrimM. It is little wonder then that although Currimao is a very small town, both in size and populatiCin, The Turnover . (Continued /ron~ J'f~ye 4) Thet·eafter, he was detailed with the SEATO Croup, Office of the Chief of Staff in 1956 and to Taiwan and Japan (Joint JUSMAG Logistics Div) in 1957. From July to November 1958, he attended the Management Course at the CGSS, Fort Wm McKinley, Rizal. Then, he was handpicked and rictailed for about a month with former Sec. Serrano to the United Nations and the Pentagon to expedite delivery of MDAP assistance because of his ex~ tensive knowledgP.. of logistics. In March 1959, he was sent to New Zealand as a delegate to the lOth Military Advisers Meeting, Council of Ministers, SEATO. After his stint abroad, he was designated Zone Commander, II PCZ from 1 July 1959 to 31 August. 1961. He received the much-coveted star of a Brigadier General on 11 August 1961. With this promotion came his appointment as Commanding General of the llMA/2ID on 1 September 1961. Prior to his assumption of the Philippine Army Command on September 16. 19£i2", he was Acting Deputy Chief of Staff, GHQ, AFP. KHAKI & ~ REO the projects that have been accomplished by its people are worthy of the emulation of other communities: Among these projects are: Road Construction1) Poblacion - Bimmonga-Pangil (P5,000) 2) Poblacion- Sta. Cruz - Lang-ayong - Baramban to National Highway (Pl,300) 3) Asphalting of a portion of the provincial road in Poblacion (P36,000 - self-help) 4) Pias-Anggapan-Conacomloong (PSOO - selfhelp) 5) Poblacion - Municipal cemetery (1,36,000) 6) Maglaoi-Caboosan (l'1,200 - self-helJl) Irrigation- communal irrigation system (P5,500) Puel'iculture Health Center- Barrios Pias crs,ooo) School Buildings1) Five pre-fabs in Barrio Pangi\; one in Bummanga; one in Lang-ayan one in Poblacion and one in J\.faglaoi. 2) One Home Economics building and one Industrial Arts building in Lang-ayan. 3) Repair of old Gabaldon Building in Pobla~ cion (P10,000). 4 ) Concrete fence around school building in Bummanga and Barrio Pias. Projects being undertaken: 1) Asphalting of t he processional .road in 1.he poblacion. 2) Municipal stage and auditorium. 3) Industrial Arts Building in Maglaoi. Ma~or Samuel E. On>ill• !'&nEot.,b&n.lk>c""Sur Mayoo· Feli" T. Tuanquin T~rum Abra He is married to the former Consuelo CabalJCJ:o of Gumaca, Quezon. They have si~ children: Jose. phme, Lottie. Ernesto, Eli:c.abeth. Annabelle and .,\rlene. · · · P<!lge 45 TOWN SURVEYS (Continued) SI NAIT F~~eN~fEt~e b:ld~1~t ~~!~~n/,~';1!~~~\~~~a~a!~ progress, however, had been rather slow. For one thing, its soil is poor and has never been favorable for extensive farming. Also all the arable areas of the municipality is not enough to support the local population. Lately, though, with the advent of scientific farming, it has been possible to raise more crops. Chief among these are rice, torn, vegetables, v;rginia and local tobacco. Aside from farming, other industries are fishing. salt-making, poultry and pig raising. Backed thus by a hard-wo.-king and thrifty p~..o ple and with the community enjoying peace and {!!"· der, the present administration has been able to push through some important projects. Some of these are the following: 1. Construction of new feeder roads; impro\ement of existing barrio roads; asphalting of municipal streets; repair and improvement of t he Sinnit Riv~r Control and the communal irrigation systems. 2. Construction of 6 rural health units in Barrios Sta. Cruz, Dadalaquiten, Banicacud, Cadanglaan, Baracbac nnd Teppeng, and 5 multi-purpose pavements in the rural nreas. 3. Installation of several arleliian wells in the Poblacion and in the barrios. 4. Construction, repair and improvement of barrio schools and in the Poblacion. BUCAY FOR fully 15 years, that is, from the time of its founding on October 29, 1847 by Padre Blanco - priest, soldier and botanist - and who named it after a vine called makabuhay which grew in abundance locally, Bucay had the distinction of being the capital of the province of A bra. But for the indiscretion of the military governor's wife, it might have perhaps, retained that distinction to the present. However, that is past history, and as people are wont to say, there is very little use in pining for what might have been. It is therefore, quite understandable why the people of Bucay today will readily respond with ~n thusiasm when mention is made of its distinctive places of interest like the "Casa Real" gate in the poblacion and the Nagcolloban Cave in Barrio Pakiling or of its being the municipality that supp:ies a ll the fuel needs of tobacco planters of Ilocos St1r. Also, for a comparatively small municipality, it can be proud of the progress that has, so far, been occomplished under the administration of Mayor Julio Gonzales. Vice Mayor Cojeto Paligutan and MGmPage ·46 5. Constl·uction of the Municipal Auditoriun: 6. Construction of the mar ket building anm·x. Other important projects being undertaken: I. Establishment and operation of the Ilocos Regional Experimental Station in cooperation with the Philippine Tobacco Association which will se: ,-e Northern Luzon. 2. Construction of the Zapat-Quimmalugo•1g Barrio road: the Jordan-Pacis-Binacud-Quitbitquibit barrio road; and the Sapria na-Cabar ambanan ban io road. 3. Completion of the Town Hall, and additioual market buildings. Program for other im]>rovements: The local administration has requested the Emergency Employment Agency, through Congrero:sman Crisologo, to assign a permanent labor foi'CC in the municipality to help construct barrio roat!s, public buildings and irrigation systems. Incumbent officials of the town arc: Valerio Yabes. Mayor; !llarianito lbniiez, Vice Mayvr: Amado1· V. Corpu:>:. Hcrmcneg-i\do Agdeppa. Lu<lovico A. Pascua, l\larino V. Sabado. Leonardo Y. Dayoan and Felix Y. lnes, 1\lembcrs of the Municipal Council. Other key officials arc: Vicente S. Sagun. MuniciJ)al Secretary: Rufino lmpelido, i\lunicipal TJ·eal>urer : and Felipe Ag-dcppa. Chief of Police. (Abra) hers of the Municipal Council Demetrio Espiritu, \ 'alentin Timbreza, J uan Quintos, Rosalio Alag<Jo, Angel Tuzon and Padre Ballera. Other key officbls are Floro T. Berna1 ·dez, Municipal Secretary: Gregor io B. Baleras, Asst. 1\tun. Treasurer and InCharge of Office. Among these accomplishments are: 1. Communal Irrigation Systems : those in Lublubnac, Tabiog and Patoc. 2. Waterworks and Spring Del'elopments : Improvement of the Bucay waterworks (Poblacion): Spr ing developments in Madalipay and Salnec. '· 3. Health Clinics: Rural Health Clinic at Poblacion and Patoc Health Clinic at Bar~·io Patoc. 4. Construction of barrio and feeder roads in Abang, Bangbangcag, Calao, Dugong, Lublubnac,_ Pagala, Sioasio, Tabiog and Quimloong. 5. Tra nsfer of site and construction of the public market. NOVEMBER·DECf;MBER, .J.962 New Forensic •••• (Continued f'l'om page 11) ever, this was remedied by moving the set-up across the corridor into a space vacated by the CIS. The arrangement required knocking out some walls ar.d partitions between rooms, transferring some equipment into available and workable space, even putting a comfort room out of commission to accommodate supplies and records. The corridors have been cleared of cabinets and tables to give room to working slab tables, a new place for the bulky opium vaults and more light installations, thus sdting up a satisfactory work flow pattern for the ''arious branches and sections. What remains to complete the job is for the walls and partitions to ha-.re a new paint to obliterate the 1958 shades which (lbviously, are no longer pleasing to the eye. All tbis environment was the result of the efforts and ingenuity of the Chief. Major Antonio U. Briones. "Now we can do more work without stepping i;•fo another's shoes," the major said in apparent sausfaction over the job. The laboratory is primarily concerned with lo,king for clues left by criminals. This will be accomplished through scientific analysis of evidence submitted by various PC Units all over the Philippines. Handicapped by limited facilities, the laboratory is turning out more than 2,500 analyses every year. Its achievement has been chronicled in court records throughout the country. The operation of this PC unit which has no counterpart in any branches of the Military Service, encompasses the entire range in the ordin:1ry scheme of Justice administration in our country. Laboratory service assures that the criminals and other enemies of society do not escape the ends of justice and, at the same time, ensures that aggrievE.-d parties are not denied the same justice. Since its fotmdation seventeen years ago, its expansion and development have steadily kept pace with the rapid progress of law enforcement- tile profession it serves. The laboratory is in the hands of competent and trained career men headed by Major Briones. Most of the officers and technicians have been with the unit since its inception after Liberation. The Chief 6. Conversion of the municipal high school into a national high school. 7. Construction of streets culverts and impro•·ement of municipal thoroughfares in the P<Jblacion. 8. Improvement of the town hall. 9. Construction of concrete spillways in Barrio San Miguel. Projects being undertaken: 1. Extension and improvement of barrio roads. 2. Improvement of existing communal irrigation systems. Program for other improvements: 1. The construction of more barrio commur.al irrigation systems. 2. Stocking with fish fry existing ponds aHd creeks to replenish the town's supply of fish. KHAKI & REO Fon~Wr PC Major, -now Representlttive Teodulo C. Nath•idud (N-B1t/a.can) pays c1 vis-it to his former oflice, the PCCL. of the Unit has built a strong association among the 65 military and civilian personnel whose Zl'alousness in this exacting task of crime delect:on and prevention has been quite notable. l\lajor Briones is a career officer who took over from l\lajor Natividad when the latter was loaned to l\lalacaiiang as legal officer to the PCAPE. Major Briones was instrumental in separating the unit fr(lm the CIS in 1959 prior to his going abroad as an ICA -NEC grantee. He has been with the laboratory since 1950, when he organized the Medico-Legal Section of the Police Affairs Division (CIS). In 1~58 after the fire that razed the Headquarters, he reorganized the laboratory following its separation from the CIS. With a limited administrative staff, he was able to carry on the burden of reorganization. In 1959 he was recomended to take a more specialized technical training to prepare him for a long career in the laboratory. Under the ICA-NEC Prog!."am and the sponsorship of the International Astociation of Chiefs of Police, he was given the opportunity to observe facilities and operation of !abo~ ratories all over the United States and to undergo specialized training in the various phases of crime detection and prevention. When Major Briones replaced Col. Bugadn from the PCCL early this year he conducted right away a G-month (every Saturday) In-Service Training of the Laboratory personnel on various discipline such as Fingerprinting and Dactyloscopy, Firearm Identification, QD and Trace Evidence Identification, Scientific Photography, Investigative Polygraphy, Forensic Chemistry, 'l:oxicology, Hematology, and Legal Medicine. The training was terminat(::d with a moot court conducted in every detail. The laboratory is an observation and training ground for interns, police officers, military pol.ice personnel and visitors from various Asian countrlt's. Through it, in the years to come, we can look hopefully for continuing advances in the application of science to the problems of detecting and apprehel!ding law-breakers. Page 47 (Continued from page 28) T 0 w N s u R v E y s 1obyor Camllo U. Bak~r l'~iiarubia, Abn Mayor Joee A. Achnla1' Santi~~o, llooos Sur Mayor MIIJ'uel Udarba Mapln~ral, lloeot Sur Page 48 I -·~-" .... ~.:L. lion. Jooe !.. Valera l'ro,·inciml Governor, Abra Ally. Clrlaeo P. Pare\ Municipal Mayor Mayor Manu~! Pururll'anan Llcuan, Abra Mayor Ricardo B. T.uniw Lal!&hll'll&nll', Abra COMMENDATION: C.:.no:t·esoman l,uo..,. Paredftl of Abra I• tlwwn oongratulatin~r Maym· Ludovico H. Anin of Pidiman, Abra, who re""'"d a eommendntion from fonner ~fenoe «creta~ Alejo S, Sant.,.(parl\yhirlrlcn),forhavingbuotedaoaltl.,.rWitlingrinllinl'ldil!&h and nthu nei11hborln11 wwns of Abra. The """""ion took place laat year at the Qu .. wn City •·eoidence of S«retary San\08. Vioc-Kovernor Carmela Z. llnrbeN• wa~ alioo t>r ... ent. Mayor Valerin Yabeo of Sinai\, llo<-os Sur, l.oll'ether with the memuera of the Munlcit>al Cou11oll and their ladi..,.. l'hoto wa& t.aktn durlnll' the Induction of the eiKied offlciabo or Sinai\ in 1960. May<>r Victorino A. Save!lano and the MembeB or lha ~lunloh>al Coundl, Cabu~rao. l!ocoo Sur. (1.-R) Councllora: Teofllo Serrano, Dr. ~'rank Glnu, Mariano Ro<:ero. Mayor Savellano; llllulo Gumen, E . Pacifico Sloan. IW<lolfo Sunlda; Mun. Sft. Atty. !Hnlwno Slruno. I Not in nhot.o I• Vice M•yor Wllfrldo Zabala.) NOVEMBER-DECEMBER, 1962 (Contimted from pnge 28) T 0 w N s u . R v E y s Hon. J oot £. Evan~:eliata Pro,·indal Govecnor, 1!0<.'0!< Norte M•ror Fermin l'. T•banda and the members of the Munieip•l Coundl ot San Vic~nte, lloros Sur. (l.-R) Couneilo..,: Bmiliano Rialubin. l'u cu•l Roouman, An~~:el Ramoo, Mafor Tabanda, Vice Mayor ~~~~~~~ lloju , Coundlol'>l: Alfredo Riolo<:, Julian Roul, Uldarico SantM Padeb Vl~e-~layor Ba nta y, I~ Sur l>byor An11el T. Bautista Badoe, lloeos Norte Mayor l.orenw I. Formo•o \'IJ&n, lluc~ Su1 Mayor Clemente T.aw Currlmao, lloeos Norte Mayor Gome,.,indo T •. E:t.hlvenl l'aoay, liMos Norte Mayor Valerio Yabes Sinait, Jl...,.,. So.~r M•ror Emeterlo Bal~runa Plddir, ltoeo. Norte Mtror Guillermo Al'lo.~neladon Sal'lllddonoo,I!MoaSur Page 49 r:::::::,~· ~ ....... *"'' 1 ·.· U. I BAGS & GARMENTS CORPORATION Knruhatan, Valenzuela Bulacan, Philippines Tel. 2-27-94 FIL-HISPANO CERAMICS, INC. Valenzuela, Bulacan UNIVERSAL FIREWORKS FACTORY r-·P· 1 The Phmppffie C.u,tabul"y I from Bunlo, Bocaue, Bulacan Enrique del Rosario, Propl'ietor PHILIPPINE FIREWORKS FACTORY P. Buhangin, Sta. Maria, Bulacan 3-STAR FIREWORKS FACTORY f I I "" ····cl~'" ,, Do<M~ .... I l......._...__.. .............. - ............... J P. Buhangin, Sta. Maria, Bulacan Fidel de J esus, P1·oprietor INTERNATIONAL FIREWORKS FACTORY P. Buhangin, Sta. Maria, Buiacan Pastor Joaquin, Proprietor STARLIGHT FIREWORKS FACTORY P. Buhangin, Sta. Maria, Bu\acan Teodoro de Siha, Proprietor NATIONAL FIREWORKS FACTORY Bocaue, Bulacan Pclagio Ventura, Prvp1·ietor STA. ANA FIREWORKS FACTORY Bunducan, Bocauc, Uulncan Carmen Sta. Ana, Proprietor PROGRESSIVE FIREWORKS FACTORY I rL·: P. E~;i~~;g~~· G~~;i:tl~i;:;p~i~~~:an , FIVE-STAR BALIUAG FIREWORKS FACTORY , Valenzuela, Bulae:m . . . . . ~=!!li~lli!'.QIII .. ISII!'t$~qo.:: .. e .. t$ .. t$O .. t$ll!'.t$J: P.ige '50 r .... ·----·-... __, I'·····~·· LA CORONA DISTILLERY & CO. ~103 F. Roxas Caloocan City NOVEMBER·DECEMBER, 1t62 I f ~ Greetings to I The Philippine Constabulary f•·om The lllunicipality of Tayum, Abra i """"""'"--··--j Greetings to The Philippine Constabulary from The Municipality of Peiiarubia, Abra i , ................... l I Greetings to The Philippine Constabulary from f The Municipality of Pidigan, Ahra J J § 1 ' L"!!!l.,. N41-Aawi4!tl ••*i4!tl¥!"1l<l!!tiiii'A!IIII!II11111\1olll!li:IO!!Utl!'!'l ' Greetings to The Philippine Constabulary from · The Municipality of Langangilang, A bra Page 51 PACOM REPORT TO THE EIGHTH APACL CONFERENCE T~p:~~i~on~:;~vneceen int~~61S:~l~n~~e ~i~~:~ APACL Tokyo Conference today marks a significant stride in our overall effort to promote, strengthtm and maintain our anti-Communist posture in the Philippines. The new administration of His Excellency, President Diosdado Macapagal, ushered in a new but vigorous stand against Communist subversive activi~ ties and infiltrations. So strong was the pronouncement of our President against the imoads of Communism in Asia that he even expressed serious resentment against the soft-gloved policy of our ally, the United States of America, which he interpreted as a setback in rallying Asian nations around an effective anti-Communist leadership. One of the most important works undertaken by the Philippine Anti-Communist Movement (PACO!I·l) was a mammoth anti-Communist youth rally held last March 10, 1962 in Quezon City, the new Capital of the Philippines. It was the biggest Philippine rally held so far in denouncing Redism and the pernicious evils that it brings to mankind. A big crowd estimated at more than 25,000 heard President Diosdado )lacapagal exhort the youth and all liberty-loving peoples to fight Communism in every way everywhere. In this mammoth rally, the Communist emblem was burned amidst a colorful setting used in a pageant written and directed by Dr. Jose .Ma. Hernandez, our PACOM First Vice-President. It was a truly enthusiastic assembly of youth, foreign dignitaries, religious groups and the highest officials of our government which cheered the burning of the "hammer and sickle" symbol before the President of the Philippines. The successful affair was a banner headliner the next day in all the leading newspapers in the Philippines. Friendly agencies such as the United States Information Service in 1\Ianila and the Armed Forces Journal of the Philippine Army carried the significance of the"occasion across the front pageS of their publications. Our television networks and movie companies also projected the important event in their respective media. The rally was a huge success because of the enthusiastic support extended to the Philippine Anti-Communist Movement by civic organizations and governmental entities. Our organization was also assisted by the Filipino-Chinese Anti-Communist League. The Philippine delegates to the extraordinary session held in Seoul, Korea, last 1\Iay 10, 1962, played a major role in shaping the plans for a Freedom Center and the organization of a Freedom Bngade in Southeast Asia. During t he same period, Major Medar.do T. JusPage 52 tiniano, our PACOl\I director, had delivered a series of important talks in the United States, Okinawa and in the Philippines expounding on the anti-Communist activities being undertaken by PACOM as well as our other national agencies. He also discussed with appropriate agencies the potential of our organizahoJ. and the different factors hindering us in our anti-Communist effo1·ts. We are hopeful that assistance to minimize these adversities will not be dimmed by complacency, indifference and even redtape. We are happy to receive the encouraging commendations given to our PACOi\1 director by the Okinawa Government and the different agencies of the United States Government for his "outstanding presentations" on the Philippine Anti-Communist program!!. We also assisted the Filipino-Chinese Anti-Communist League in sponsoring the visit of Pmfessor Chow Ching-Wen, a former key-man of Mao Tse Tung who defected to freedom after more than twenty years of Communism. His series of lectures in the Philippines had served to expose before our countrymen the other secret evils of Chinese Communism on a first-hand basis. A woman anti-Communist group is also presently being formed to supplement our drives on other fronts. This is held significant because there h.re more women than men in the Philippines. Doubtless, the influence oi women in our anti-Communist campaign will be of far-reaching effect. During the year, our organization has distributed about 200,000 copies of assorted anti-Communist literature all over the Philippines. Our population now is 28 million. We hope that with the kind assistance of our sympathizers, perhaps we may step up our dissemination in the coming year. We have made our modest contribution to freedom's cause by being the only Asian country which had outlawed the Communist Party organization. We had upset the Red's timetable of subversion in our country by crushing the military "Revolutionary HUK" force of the CPP. Nevertheless, we are fully aware of the sun·e]ltitious devices of the purveyors of this godless ideology to g~rminate again with the ultimate objective of overthrowing our duly constituted gover nment. We know their sinister ciesigns. We are ready for them. His Excellency, President Diosdado Macapagal, after nine months of incumbency, had served notice to the world that the direction we Filipinos have chosen to take in this crucial battle of survival for mankind's destiny is unswerving and firm. With God's help. with your help, and wilh the earnest support of freedom-loving peoples, we in the Philippines shall carry on with renewed vigour the fight against International Communism. Of similar importa1~ce is the organizational misNOVEMBER-DECEMBER, 1962 PC IN SPORTS TH£F:cLi~ir~g~:;mipnic!h,~a~e~~~:1~o ~:~~:~di~~ Runner-Up position last year outclassing its closest rival, the Philippine Navy, by 7.5 points. This t::ntitled the PC to the Secretnry of National Defense trophy which was awarded during the closing ceremonies held last 21 Dec. 1!>62 at the Camp Murphy Parade Ground. Although the Constabulary had retained its spot as Runner-Up in the overall championship of the Cth AFP Little Olympics, it is worth mentioning that it has improved in its accomplishments in sports by winning five team championships compared to last year's three. The Philippine Air Force won eight, the Philippine N11Vy, five, nnd the Philippine Army, one. The following is the resume of the final standing of the competing major services in the different events: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. VI AFP LITTLE OLYMPICS GENERAL STANDING EVENTS PAF PC PN Badminton 9 G Baseball 15 3 Basketball 15 9 Boxing 9 G 15 Cycling 3 15 6 Golf 15 6 3 Judo 9 6 15 Shooting G 15 3 Soccer Football 6 9 15 Swimming 9 3 15 Table Tennis 6 15 9 Tennis 6 15 3 Track 15 4.5 4.5 Field 15 9 6 Volleyball (G-man) 15 6 3 Volleyball (9-man) 9 15 3 Water Polo 15 3 9 Wrestling 9 3 15 Weightlifting 15 3 7.5 Total 201 154.5 147 PA 15 9 G 3 9 9 3 9 3 6 3 9 3 3 9 6 6 6 Vi 124.:1 sion being undertaken by us to counteract Communist penetration in schools and colleges. There has been of late nn alarming intensification of Communist activities exploitin!-':' the campuses or fraternities of our educational institutions. This is, of course, being closely watcl-ted by our intelligence community. For the PACOM, we have set the initial mechanics to organize our youth to meet this systematized plot of the Communist Party of the Philippines (CPP). A PACOM Jr. drive whose membership will come from universities and colleges is on the way. We expect to eripple the Communist threat in this di1·ectic1n thru the Ol'ganization of PACOM's extension in our schools. kHAKI' a:· R~D 1 ",. ~ .' I • Comparative standing of the individual PC teams during the III, IV, V and VI AFP Little Olympics: Events Ill AFP IV AFP V AFP VI Al<'P Olympics Olympics Olympics Olympics Buketb1ll 4thPI,ce Champion Runner Up Rijnner u, Tnck ,,, Place Runner Up Champion ,,, Place Field ,,, Place Runn~r Up Runner Up Runner u, Tlble Ten'lisRunner Up Runner Up Ch~mpion Cham,:-lon Shooting Runner u, Ch, mpion Ch~mpion No Entry ,,, Place ,,, Plua Runner Up 8neb11l No Entry ,,, Place ,,, Place 4th Place Golf ,,, Pta"' ,,, Place '"' Piece BoJing 4th Place ,,, Place ,,, Place ,,, Plac1 Wre1tling ND Entry tied with PA 4th PI,ce 4thPiaco forJrdplace Swimming No Entry 4th Place 4thPiilce 4th Place Water Polo No Entry 4th Place 4th Place Tennis 4th Place 4thP!ace ,,, Place Champion B1dmlnton Runner Uj> 4th Place 4th Place ,,, Place Volleyball No Entry 4ti>Piace ,,, Place~ .. (6-mMn) .. (9-man. Champion Judo ,,, Pl•ce Cycling Champion W•lghtlifting 4thPiaco Managers and Coaches of the five (5) Champion Teams: Shooting - COL ANGEL P LEGASPI Manager MAJ JAIME F VILLAFUERTE Team Captain Table Tennil'l COL C P DELA CRUZ Manager and Coach Tennis - BRIG GEN FLAVIANO OLIVARES Manager LT COL SANTIAGO MARQUEZ Coach Volleyball (9-man team)-LT COL PEDRO JAVIER Manager CyclingMAJ l!ERN ANDO COSTA Coach MAJ INOCENCIO FALLARIA Manag~r CAPT TORIBIO D RABAGO .coach · i · • Page SS Speaker Cornelio T. Villareal ttooping the line willt t/len Acting Chief of Com~tab!ll1n11, Brig. Gen. Nic(l.nor D. Gflrcia. Speaker .•• . (Contin!tCd from page !!} rich with instances of kindness, dependability and integrity. These must be maintained. They must be made real. It is not pleasant to hear or read or learn about men in uniform being involved in both petty infr:tc· tions of the law or in more serious crimes. While to some extent these cases are unavoidable it is preferable that they be kept down to a minimum. We cannot allow these to become causes of distrust and disrespect for our police forces. The police has always been looked up to a<; 1 rotectOJ'S of the community. If this high reg;ud has somehow been diminished in recent years, let us step forwnrd and try to get it back to the degree that it was in the past. Let us rt>pair the damage and restore prestige whenever it is threatened Ol' endangered. It has been said of the police everywhere in the world that upon no group of men have so many <iepend for protection and good example. Let us develop our police and other Jaw-enforcement agencies to their finest once more. Let us get the public to Page 54 believe and to witness that the best traditions are abided by and observed. There is no place for misfits and undt>sirables. There is no need for men who ignore the majesty of Jaw which they are supposed to enforce. We cannot tolerate mulctcrs and crooks. We cannot settle for less than uprightness in character and unquestioned dedication to duty. It has been argued that it has been difficult for our police officers to remain uncorrupted be· cause of the interference of politicians. I wish you would not be so scared of politicians, especinlly the crooked ones. My advise to you, in passing, is that you should never be intimidated by nnyone so long as, in your honest belief, you are doing the right thing. No man should fear anyone who operates in utter disregard of public welfare. '· Remember. however, that no politician is per l:ie a bad or crooked man. There a~·e those who Jtre sineere and honest, who have only the common welfare at heart. Before I close, my friends, let me appeal to you to cultivate respect for Jaw and make our people more greatly aware that there is such a thing as the majesty of Jaw. NOVEMBER-DECEMBER, 1962 Eavesdropping ••• (Continued from page 27) wiretapping was given clear legal status for the first time. The amendment was added to the Bill of Rights guarantee ap;ainst unreasonable searches and Hizures. To the layman it may seem to read backwards. The amendment provides: "The right of the people to be secure against unreasonable interception of telephone and telegraph communications shall not be violatNI. and ex parte orders o1· warrant;; shall isaue only upon oath or affirmntion that there is rea'sonaDle ground to believe that evidence of crime may be thus obtained, and identifying rl1e particular means of communication, and pa;ticularly describing the person or persons who.se communications arc to be intercepted and the purposes thereoi." Thus was paved the way for the passage of section 813-a of the Code of Criminal Procedure, under which orders are issued by the courts to permit and revulate law enforcement on wiretapping. Confusion as to the meaning of these provisi(lnS was one of the factors in the Appelbaum case. 1'he trial judge cited them, as though they had been violated, in his charge to the injury which convicted 1\Ir. Appelbaum. The appellate judges unanimoudy found that in doing so the trial judge had committed a reversible error invalidating the verdict, because these provisions "relate solely to the soverei:,&n authol'ity and its agencies and not to individualfl." This distinction is one of the important reasons why we have found it desirable to consider pl'ivate eavesdropping quite separately in this report from wiretapping by public officers. Thus we avoid confusion in our thinking. Another widespread misconception which has direct bearing on our problems has to do with "the right of privacy." Obviously the practices of eavesdropping constitute invasion of personal privacy, and clearly the laws against interception of messages are aimed to protect their privacy. In our discussions practically all of us have spoken of ';the right of privacy" as though it were something we all possess a;; a matte1· of law. "The right of privacy" is not mentioned in the Constitution and it appears in the statutes only as the titles of Article 5 of the Civil Rights Law nnd of section 50 of that Jaw. This article has only three sections. Sections 50 and 51 provide crimi1•al and civil penalties for the unauthorized use of a person's name or picture for commercial purposes. Section 52, added in 1952, prohibits the broadcasting or televising of any proceedings in which witnesses are examined under oath. From the legal standpoint, these three sections constitute the entire right of privacy as it exists in New York today. Even though it does not now apply to eavesdropping, this "right of privacy" is of direct interest to us in the present circumstances, as an example of KHAKI & RED how the law grows and is adapted to modern conditions. The legal concept was first expressed in an article, "'l'he Right of Privacy," in the Harvard Law Review of December 1890 by Samuel D. Wr.rren and Louis D. Brandeis. This was a quartercentury before .Mr. Brandeis became a justice of tl.e United States Supreme Court. In this article the authors noted that in earliest times the law protected the physical person and property, and "later, there came a recognition of man's spiritual nature, of his feelings and his intellect." Gradually, they argued, the scope of legal rights had expanded to include "the right to be let alone." They asserted that "the term 'property' has grown to compl"i,;;e every form of possession- intangible as well as tangible." This common law argument was directed. uot against eavesdropping, but against the unauthorized publication of personal papers and photographs. A dozen years later, the Brandeis philosophy Uecame the central issue in a major case in the New York Stnte Cou;·t of Appeals, Roberson v. Hochestcr Folding Box Company (171 N.Y. 538) In this case the picture of a young girl, Miss Roberson, had been used on a label fot' 25,000 flour contain<:rs, without authorization. She sued to stop and collect damages. The Court of Appeals, divided 4 to 3, ciecided against her. Clearly she had been wronged, but the Court found the law contained no remedy. The Court said that "an individual's so-called right of privacy, founded on the claim that he has right to pass through this world, if he wills. without having his picture published, his business enterprises discussed, his successful experiments written up for the benefit of others, or his eccentricities commented upon either in handbills, circulars. catalogu< s, periodicals or newspapers.. does not exist in the law and is not enforceable in equity." The minority of the court strongly a(lvocah:d the Brandeis viewpoint, and maintained that the <levelopment of instantaneous photography presented new conditions which the law should face. Chief Judge Alton B. Parker, for the majority, spoke of "the vast field of litigation which would necessarily be opened up should this court hold that privacy exists as a legal right enforceable in equity ... " He suggested that the remedy lay in legislation, from which "no embarrassment would result to the general body of the law." The following year, 1903, the Legis lature enaded sections 50 and 51 of the Cil•il Rights Ln.w, l'"S· tablishing the right of privacy to that extent and that ext.ent alone. The Brandeis view had prevailed, but only with respect to unauthorized commercial use of names and photographs. These events of the past have a relation to our problems today. The invention of instantaneous communication is of even more moment than the invention of instantaneous photography, and has raised many more <tuestions of privacy. Of these the l::w should take cognizance. The law at its best is the embodiment of human cufltoms and the common opinion of men. The (Continued Qn 7J(Ige 61) Page 55 GRADUATING POLICE OFFICERS CJPol Benny M Agravantc . !\1 Fortich, Dukidnon Pol Lt Alfredo Aguas . . ......... Manila C/Pol Sofronio D. Aguipo . . Ormoc City C/Pol Felix P Alqueza . . . . . . . . . . . . .. Toledo City C/Pol Felix L Arlan . . .. Sapao, Surigao Norte C/Pol Simeon S Ayala . . Libmanan, Camarines Sur Pol Lt Francisco Balancio ........ Agoo, La Union C/Pol Samuel B Banquicio .. Salvador, Lanao Norte DC/ Pol Vicente De Barras III . . ... Ozamis City C/Pol Vicente H Batuhan ... Sison, Surigao Norte C/Pol Maximo C Boo! ........ Batangas, llatangas C/ Pol Maximo B Campo:; Mankayan, Mt. Prov. Pol Ctp Isidro N Cafiafranca ....... Lopez, Quezon Pol Lt Rodolfo B Caralian . . . ... Gumaca, Quezon C/Pol Gavino A Castro . . Cataingan, l\lasbate Pol Cpt. Leonardo M. Cortez . l\fandaluyong, Rizal C/Pol Justo C Cruz . . Plaridel, Bulacan C/Pol Bernardo D Depra . . .... Dumangas, Iloilo C/ Pol Tarotopan R Dipatuan . Malabang, Lanao Sur C/Pol Alejandro Q Estonilo ..... P lacer, Masbate C/Pol Jose B Gil Baybay, Leyte C/Pol Antonio Giron . . .. Aurora, Quezon Chief Dominador A I nocente.s . C/U-Tex Security Force C/Pol Agripino Isaac . Unisan, Quezon Pol Sgt Carlos C Javier . Marikina, Rizal C/Pol Isidro l\1 Javier Malolos, Bulacan Pol Cpt Jose L Lat . Lipa City Pol Lt Francisco A Lopez . . Gumaca, Quezun Pol Lt Valentin C Losares . Surigao, Surigao Norte C/Pol Graciano G l\Iagtira .... Paombong, Bulacan DC/ Pol Dorotea C. l\Iarasigan . . .. Tagaytay City C/Pol Felipe l\1 Mocay Buquias, Mt. Prov. DC/ Pol Emeterio B Molato . . Silay City C/Pol Com·ado T Per lata . . . . ... Limay, Batr.<.n C/Pol Senecio T Recolizado .... Sla Ana, Cagayan Pol Lt Jose L Ronquillo . . Quezon City FACUL T Y Maj Domingo C Tutaan ... Head, I & I Depar tment Maj Alfredo C Cabbab Head, Law Departn11mt l\faj Antonio Y Concepcion ... Head, Gen Instn Department Maj Deogracias S Paguio ... Head, Tactics Department Capt Toribio E Collantes . Instr, Law Department Capt Arcadio S Lozada . Jnstr, I & I Department Capt Antonio Habulan ... lnstr, I & I Department Capt Gil L Manuel .. Instr, Tac Dept & Tng Aids 0 Capt George L Gaona ..... lnstr, I & I Department Capt Valerio C Perez ..... lnstr, I & I Department Capt Filomeno G Gonzales ... Instr, Gen Instn Department SCHOOL COMMAND Col Avelino E Sauco . . Command:~nt Lt Col Paulino E Sanchez .. Asst Comdt & Secretary Capt Pedro T Bersamin . Supply Offirer Compliments of Capt Cicero C Campos ... Research & Evaluation 0 Capt Luis F Mendiola .... . ..... Utility Officu TAGGAT INDUSTRIES, INC. Manila Page 56 NOVEMBER-DECEMBER, 1962 Affidavits ••• (Continued /-rom page .U) explanation of the prosec1ttion Owe the latter affidavit was obtained through machinations o/ the attorneys for tl~ defense. An affidavit may also be the basis for prosecuting the affiant for perjury under cer tain circumstances. It is high time we should start prosecuting people who take lightly the sanctity of an onth. Another use of an affidavit is in support of a criminal complaint. It is the practice in our country that affidavits of the witnesses, especially that of tht: complainant. are attached when filing a complaint .()r information. The Court of Appeals, speaking of affidavits in support of the information, said: The fact that the affidalJit of the offended party in support of Ute in/ormation 1"s less detailed than her testimony in open court does not make said affidavit or testi11wny false or incredible, there bei11g no incongruity between the former and the latter, or inconsisUncy in the facts therein stated in one and the other. Neither the rules nor practice require detailed affidavits in supJlort o/ an in[ornwtion. (People v. Torre[iel, 11t a/., CA-GR No. 659, Nov. f9, 191,7.) However, if the declarations of the witnesses for the prosecution on the witness stand coincicie or tally substantially with the affidavit executE'd by the accused, even if he repudiates or contests the contents of the affidavits later on, this circumstance will influence greatly the outcome of the case. In effect, that was what the Supreme Cou1·t said in People v. Meriales, et at., 8·1 Phil. 20-21 which in part is as follows: Otra prueba que rcj"erza la prosec1tcion despejando toda dwla sobre Ia culpabilidad de los apelantes, Bon SU$ affidavits pres!ados anU el Teniente Guillenrw Y. Manuel, del Military Police, en donde confiesan la commision del deliW de un modo sustancialmente conforme con lo declarado por lsabelo y Jose/ina Ledda ante el Juzgado. Estos af/idavfts denotan que los tres acusados actuaron en conjunco, probandose de esta manera positilJamente la existencia de una con.spiracion. Antes de la prestacion de estos affidavits, el ape/ante Isidro Me11doza ya habia conjesado aL juez de paz de Balaoan su pm·ticipacion en el crimen, nom.brando como compancros a Alfonso Mendoza y Marciano Mcrialcs. LoB apclantes alcgan haber sido jorzados a [irmar dichos affidavits. E sta akgacion eB enteramente jutil. Tanto el Teni.cnte ftlamtel como el j!tez de pt:.z de co-accion ni violencia sobre los declarantes c de Balaoan aseguran que no cjcrcicron ning:tna coercion BUS confesiones . . . No ec ha demostrado en autoB nada que pudiera ajectar en lo minimo a Ia credibilidad de los dos m.encionados /ltncionarios q11e tomaron las declaraciones juradaa. In People v. Fausto, G.R. No. L-16381. Dec. ~0. 1961, the accused signed a statement barely three hours after the commission of the crime. Furthermore, ht: re-enacted the crime at its scene only a tew hours after he committed it. His defense was insanity. The Supreme Court held that these facts left no room for doubt as to his sanity, both during KHAKI & RED and after the execution of the crime. A swor n statement or affidavit may be either in question-and-answer form, in narrative form, or a combinatioro of both. The question-and-answer for m, however, has a decided advantage over the narrative form in that the person conducting the investigation has a full control of the situation. He can ask the affiant anything whether or not the question is related to the crime under investigation, although only those germane to the case are to be taken dowr.. Besiaes, it is only in questioning that the interrogator is able to clarify matters left out by the affiant in the course of his narration. He should also know the general facts of the case; the mo1·e he knows about it, the better. Only if he knows the general facts of the case under investigation will he be in a position to ask questions which will finally lead to the solution of the case and its ultimate prosecution in court. Facts fav(lrable to the subject should be included in the swom statement for this will enhance the value of the affidavit. It simply shows that the person taking the statement of the witness is impartial in recording all facts ... The statement should be in the phraseology of the person making the statement, even though it is ungrammatical. This is one way of showing tl1at the statement is voluntarily made. Joint affidavit of two or more persons or witnesses who may testify to the same facts should be avoided for it is quite impossible for two or more individuals to relate the incidents they both observfd in exactly the same words. When a statement is in the question-and-answer form, leading or suggestive questions should not be asked. Sec. 82, Rule 123 of the Rules of Court de· fines a leadmg question as "a question which s uggests to the witness the answer which the examining party desires". The affidavit, be it in the narrative or questiGnand-answer form or a combination of the two, should be a chronological recital of all pertinent facts surrounding the case under investigation. Whatever the form is, the person taking the nffida\•it or the investigator should make intentional errors in the sworn statement. These errors should be corrected by the affiant by crossing the erroneous words and at the same time writing the cor· reel ones in his own penmanship, if he knows how to write, and initialed by him. It is strongly recom· mended that these errors should be scattered all lver the affidavit; one at the beginning of the state· ment preferably on page 1; another at the middle of the second page, another at the end of the third page, then at the middle of the fourth page, etc. If by chance the affiant overlooks those intentional mistakes, his attention should be called. For examlie, if the affiant declares that he is from Pas;g, Rizal, the statement may say that he is from Tanay, • .Rizal. Now, if he fails to notice the mistake, he shot:ld be asked the question: "Did you say you are from fa nay, Rizal ?" In all probability he will recall what he rightly stated. He will then be asked to make the (Continued 011 paoe 58) p_,ge 57 AfCida vits , , , (Contin"ed /ron~ 1XIOC 57) correction as explained above. The presence of many corrections scattered all over the pages of the af. fidavit and properly initialed by the affiant will pre· elude the excuse affiants usually interpose during the hearing while testifying that they signed the af· fidavit without reading it. But how can one make corrections without reading it? It is quite natural that the mistakes in the affidavit were noticed he· cause the affiant read it. The court will then doubt the truthfulness of the witness and, following the Latin maxim of falsus in ono falsus in omnibus, his credibility as a witness will be greatly affected. Full opportunity should therefore be given the af. fiant to make any and all corrections he desires. Each page of the statement should be s igned hy the affiants so as to do away with a possible later charge that the investigator has inserted or detach· cd pages. The concluding paragraph of the statement should recite that the statement consists of a stated number of pages, each of which has been numben'd and signed at the margin by the affiant and his instrumental witnesses to the signature, that the state· ment was given freely and voluntarily without threat Ol" promise of any kind: and 1hat the person mr.king the statement or the affiant has read it. Below is a good example of the concluding paragraph of a statement: I lwve 1·eod tl1is stateme~1t eousiatiug of fwe (.5) j)(I!Jt~. I have Ri!)nCr/ Cf!Ch (tll(l CVI'l"Y 1li!!Je of A Salute to the P C ... for a very good job done during the year 1962. JOSE BERNABE 8, CO., INC. 1535 Juan Luna, l\1nnila Tel. 2-86-51 Page 58 thi$ statement and have initialed alt correctiornJ. I have 11Wde this statemeut freely and volunt<l.rily. No one has 7>r011dsed me anything or threatened me itt any way to obtain this statement. Any disability of the affiant that might reflect on his possible understanding of the contents of the statement should be explained as s hould also how lhe difficulty was overcome. An example of a handicap and how to overcome it, is that of a blind nffiant. In such a case it is wif'e for a friend (a member of the affiant's family is preferred), to read the statement to him, und the person who does this should make an appropJ"iat.e statement to that effect over his signature. In the event the affiant refuses to sign his statement, invoking for this puq>Ose his con::titutional rights, the interrogator should, at any rate, so indicate such fact in the last portion. The inter· rogatnr sl1ould nl;;o certify, preferably 2t the end of the statement, that the affiant refused to sign the statement on grounds of constit.utionnl rights. The recorder of the interrogation should likewise make a similar certification. These acts should be supported by additional certificates of at least two unbiased witnesses that the affiant refused to sign his si<ltement and that no harm nor intimidation has ever been applied to him. If the affiant is willing to sign his statement, his pictu1·c in the act of signing the sante should be taken. It will be better if his interviewers r:p· pear in the picture too, as witnessing the signing of the statement. It is recommended that the witnesses to the signature be " law,ver to fu rther attest to the genUlnencf:s as well as to the execution of the affidavit. It has also been noticed that there arc affidavits written in the third person. The most common is an affidavit in the fi;-st person. Legally, it does not matter whether the affi· davit is ir, th!:: first or third person, but just the same, it is strongly recommended that affidavits should be in the first person. The reason is not on the semantics alone. If the affidavit is in the third person, it would look as if the person who took the statement is the one talking. Thus the dcel:u·ations therein do not appear as fo1·ceful as one taken in the first person. This is especially to·ue if the statement invoJ\·es a confession. Under Sec. 1<1. Rule 123, the accused must expressly acknowledge thP truth of his guilt in order to constitute confessiOn. Now, if the confession is in the form of an affidavit wl"itten in the third person, although there is no prescribed form of a confession, it is doubted if such confession has met the legal !equirement of "expressly acknowledging the' truth of his guilt". This fact, together with other circumstances, may cast a reasonable doubt on the guilt of th.;: accused. This seemingly "minor matter" may mean the life or freedom of an individual. There is no doubt that an affidavit in the first person is more emphatic than one in the third person. Finally, as much as possible, no copies of the sworn !ilatement strould be furnished the affiant or his lawyers. NOVEMBER-DEC-EMBER, 1"962 EL149?........_..,.,._ ............. . PTGIVO and A JVU president Roberto S. Oca addressing union officiaL~ Handling the .... (Continued from page 12) (an Act to Promote Industrial Peace and for Other Purposes) (2) RA No. 1167 (an Act Punishing Obstruction and/or Interference with Peaceful Picketing During any Labor Controversy) (3) CA No. 103 (Act Establishing the Court of Industrial Relations) and (4) Laws or amendments to existing laws rc· garding labor relations which our government m<iy, from time to time, promulgate. As to procedure, particularly in cases of pending or actual strike, the following are suggested : 1. During Pre-Strike Period n. Gather and report data on: (1) Demands and complaints of labor against management. (2) Issues involved. (3) Points of compromise advanced by management. (4) Attitudes of labor and management.. (5) Number of persons likely to participate in the strike- Names of leaders and sympathizers. (6) Whether impending strike is purely the result of a legitimate labor dispute or merely a front of the CPPHMB to create confusion and cliscc.ntent. b. Conduct a reconnaissance of the area or areas to be covered, plan probable patrol disposition, and screen personnel to be KHAKI & RED utilized for Police Duty in case the strike is staged. c. Adopt necessary precautionary me:~.sures to forestall untoward incidents in case of sudden or unscheduled actions of either labor or management. d. List principal leaders of the strike, and as much as possible, know their life htstory. e. Consult and collabo'<'ate with regional representatives of the Department of Labor; and appeal to probable strikers thru their leaders to avoid unlawful picketing and other untoward acts in the event of actual strike. f. Study factors affecting the situation and immediately provide available personr..el and facilities to take care of any em~:r gcncy arising from the staging of the strike. g. Keep all personnel likely to participate in the impending strike, posted on the situation prevailing and brief them on the Rights and Restrictions imposed by Jaw on the limits of their own participation, if strike materializes, 2. During Strikes a. Report immediately occurrence of the strike and pertinent details, particularly data when staged, number of direct participants, identity of leaders, and types (Continued on page 60) Page 59 Handling the .... (Continued /ron~ page 59) and number of arms and weapons avail· able to both parties. b. Take the following steps, whenever r.ecessary or as deemed appropriate. ( J ) Assign men to maintain peace and order and protect life and property in the strike area. (2) Establish checkpoints to collect unlicensed firearms and deadly weapons of parties involved in strike. (3) Provide security along picket lines during conciliatory talks. (4) Determine if any CPP-llMB assistance was or is being extended to parties involved in the strike. (5) Confiscate placards with s ubversive wordings or tending to incite mobbery, violence, or disorder. (6) Keep picketeers off the employers' premises whenever the picketing is not peaceful Ol' when it constitutes an obstruction to the free use of the particular property wherein the picketeers establish picket lines. (7) Implement or enforce orders of the Court of Industrial Relations or appropriate Courts of Justice. (8) Apprehend strikers and members of the strike-bound company who have violated or are violating the law and 1 all who disturb peace and order, regardless of affiliation. (9) COJlsult and cooperate with Department of Labor representatives in their conciliatory efforts and consult with fiscal and/or local JP in case of probable prosecution of violators. ( 10) Ad\·ise armed picketeers to get l'id of their arms, if any, and if they refuse to do so, apprehend them for serious disobedience to agents of pt!rsons in authority and confiscate their (11) In case of riot, disperse the cro,.,d immediately, giving them reasonable time to comply with the order, care being exercised that the movement will not interfere with those of "ihe peace officers and apprehend riot leaders or those who are inciting the crowd to unlawful acts. 3. After the Strih:e a. Secure a copy of the instrument of agreement terminating the strike. b. Withdraw personnel after the signing of the agreement, but meanwhile, continue surveillance of affected area. Lt. Col. Luciano I. Gunabe at a seminar on labo1· relations Page 60 NOVEMBER-DECEMBER, 1962 c. Submit reports to include critique and recommendations to imp•·ove efficiency of discharging police duties during strikes or operations of similar nature. 4. In case of Unlawful Picketing a. Peace Officers may intervene when the picketing is not, or ceases to be peaceful, or when it is being conducted unlawfully inside the premises of the employer. Instances of unlawful picketing are: (1) When carried on with violence, ir.timidation or coercion or so concluded as to amount to a nuisance. (2) When it obstructs the free use of property o1· hinders the free passage or use, in the customary manner, of a street. (3) When staged on the employer's property which is an unlawful interference with the property rights of ! he employer. (4) Picketing outside the employer's property may be considered unlawful if not held at reasonable distance th('!" efrom so as to cause annoyance or disturbance to the employer and the public. (5) Patrolling undertaken by strikers in front of factory is a private nuisar.ce when held for the purpose of interfering with the business. (6) Picketing for the purpose of obstrul·ting persons and traffic at the gales of the compound of the striken management. (7) Forming human blocks at the gates of the compound for the purpose of preventing the ingress and egress of vehicles. (8) Picketing along private roads of the establishment where "No TrespaE.sing" signs are clearly in view. (9) Using handbills containing abus•ve or libelous charges, or hurling libtJous remarks against any individuai (10) Coercing or intimidating strike breakers or scabs f1·om working with the company. In cases of unlawful picketing, peace officers should first seek the principal leaders of the strike and request them to advise the strikers to desist from unlawful acts. If the strikers persist, the peace officers should consult representatives of the DeJl:lr~ments of Labor and Justice on possible legal action they should take, if any, to stop unlaw(ul ~~~~~ti;fr·ic:r~1~~: ~~! ~~~~~~~~!~~~fodn ci~~~~~ta~~~~ ncr of their intervention, always keeping in mind that the only justification for such discretion is to keep the picketing lawful and peaceful. b. When anest and seizure become inevitable, the same should be done strictly in accordance with law. No doubt. the laws :rnd procedures of implementation enumerated here are known to peace officers. Nonetheless, complete acquaintance with the same, will give peace officers the much needed selfconfidence, determination and dedication productive of the desired public service and performance. Every actuation of individual officers could contribute to the overall efforts which will bring about public confidence and raise the standard of police organizations in the eyes of our people. By the same token, a simple failure, either by commission or omission, by any member of the organization could do much to destroy public confiden<.e. Certain norms of conduct, to mention a few, are as follows: (1) Habitual courtesy - cheerful, cordial in speech and actions, firm but generous and considerate, friendly aild helpful in dealing with people and always acting with disc! etion. (2) Just, Impartial, Rensonable - There should be neither abuse of power o1· authority nor interfering with any legal act of labor or management in the furtherance of t heir respective interests. (3) Honesty - Peace officers should not reduce their effectiveness and efficiency by accepting favors such as gifts, emoluments, foods, drinks, transportation, etc., from either labor or management. This breetis distrust and suspicion. 'rhere is absolut( ly no justification for peace officers to compromise t.heir official and personal dignity. ( 4) Respect for the dignity of the common man -Help in the preservation of human rights. We arc peace officers first and forem•;st and we need not usc force or arms un!..'ss and only as a last re:~ort. In the summing up, the term "peace office1s" connotes clearly the role of police officers, evu1 during labor disputes-the maintenance of peace and order and the protection of life and property. That is their mission. The fact cannot be over-empt~a sized that in the performance of this mission, peace officers will observe strict neutrality and impartiality towards both labor and management, and will employ the utmost tact and diplomacy compati~le with firmness as police officers. Eavesdropping .• • (Conthwed {'rom page 55) mere fact that we have so generally assumed that eavesdropping is an invasion of a right of privacy, non-existent in New York law, is perhaps the best evidence that the law should be expanded to include recognition of it. Our concepts have expanded, even as the arts of telephony and electronics have expar:ded. In 1892 it seemed natural to put the protection of the telephone company's lines into the same category as the protection of sewer pipes. Today this offends our sense of propriety. Wiretappiag, and any electronic eavesdropping, have taken on new impo1·tance. not only in relation to our increa!>cd capacity to inflict wrong, but also in relation to our expanding concepts of the l"ights of man and the dignity of the individual person. The Concept • • •. (Continued from page 13) willingness to go to voluntary arbitration; and (4) non-intimidation. These conditions require a little explanation. Firstly, while framing demands we have to be extremely careful, otherwise our case will be Wt!ak from the very beginning and there will not be a reasonable chance of an agreement. It is, therefo:·e, necessary for us to find out an adjustment betwe~n our pressing claims and the objective conditious. Secondly, public support is another factor to be counted, otherwise our struggle will be isolated. It is not that there are only two classes in a society, namely employees and employers, who can be l>:!ft alone to decide their own affairs. There is an important and a wider class of consumers which is immediately affected by an industrial action. We have to convince the public or the consumers, on who!>e support and sympathy we hope to win, that ours is a just cause and the employers arc acting in an unThe Industrial .•.. (Continued from page J.l;) demned labor injunctions, and Courts are loathe to issue the writ. In fact, only unlawful picketing may may be enjoined (PAFLU vs. Barot, 52 O.G. 6541). The legislature, cognizant of the disfavor with whidl a labor injunction is viewed, made it difficult to obtain the writ under Sec. 9 of Rep. Act No. 875. And one of the hardest requirements to satisfy under Sec. 9 before a labor injunction is issued, is the requisite that public officers arc unable or unwilliniol" to furnish adequate protection. As the substituted bi\1 would have the effect of deterring peace officers from maintaining peace and order during a strike, it would become easier to satisfy this requirement about the inability or unwillingness of peace officers to furnish adequate protection. Hence, it would likewise be easier for complaints praying fo1· the issuance of labor injur.ctions (usually on the part of management) to secure the writ in labor disputes. I proposed to provide in two separate paragmphs the prohibition against transporting and escorting replacements, whether entering or leaving the p!Cmises of a strike area, but due to the reluctance of my colleagues to distinguish a "peace officer" fr::-m an "armed person," I insisted in introducing an amendment to the bill, which would not curtail tl1e inherent duty of peace officers of maintaining peace and order, to the effect that "Nothing in this Act shall be interpreted to prevent any peace offJt·er from taking any measures necessary to mainhnn peace and order." Fortunately, this amendment w~s incorporated in the bill as the last paragraph of Section 1 thereof, when the bill was approved t1n second reading by the Senate. I hope that lfiY amendment will help clarify the position of peace officers dul"ing a strike and thereby contribute to industrial peace. Pllga 62 reasonable way. Employers will also try their bt>st to put their case before the forum of public opinion. This particular point could be best illustrated in the case of city council employees who must realize that their real masters are a vast mass of taxpayers aud not a few officials of the city council, and as such they have to win to their side, the taxpayers and citizens in a trade dispute. Thirdly. we must be prepared to get our claims examined by an independent arbitration. If we have a strong case, we need not be chary about going before an arbitrator. We have, vf course, to take care that the arbitration proceedings are not dilatory and we have our say in the choice of an arbitrator. And fourthly, there should arise no necessity at all of the intimidation against our fellow workers. Strikes must be conducted, therefore, in a perfect non-\'iolent fashion. Any outbreak of violence in the courst> of strike would give an upper hand to the guardians of law and orde1 ·, who would not hesitate to use force in suppressing a strike. The trade unions in action cannot rest content with their own activities if they want to play a national or an international role. The tmde unions in action are ever widening circles. Just as work'!rs in particular trades and industries have banded together in trade unions in order to win better working and living conditions, these unions have almvst universally formed national trade union organizations for the sake of greater strength and unity. O.~»rlm~nt of Public Worh &nd Communication> BU"'EA~0~1 POSTS SI'I'OR~J STATEMENT (ReqvlredbyAct2560) The vndersi~, MAJOR CONSTANTE IM. CRUZ, editor of tiM KHAKI AND RED publl>hed bl·monthly In English at Headquortero, Philippine Const&butory alter having bo,on duly >WOM in &ccordonu with low, hoorcby submlts the following staterneot of ownership. management, circulation, ::· ~~lch Is required by Act 2590, a< amended by Commonweohh Act Editor. Major Canstonto Ma. Cru•. . . Tl & EO, HPC Bvsinen Mon190r: Alejondro 8. Aquino .. Tl & EO, HPC Owner Hdqtrs.: Philippine Canuob~lory Camp Crome, Quezon City Publhl>er Hdqtrs.: Phlllwlne Ccnstobulory.. (Imp Crome. Oue!on City Printer: Phoenix Pntoo, Inc. . . • . . • . 31SQvezon Blvd. Ex .. Q.C. Off•ce of Publlcotlon: Hoodquorton, PC (amp Cramo. Quezon City II publlcMion h owned by a corpOration. stockholders owning cno percent O<" more of riM total omcxmt of stock.: Not J.:>pliub~e In cue ot daily poubllcotion. overage number of CC>C>i<=< printed and circulated in ~ac:h i"u" during the pr..:tding mcnth of Sept.mber 1962; Sent topsidsubscriber<····· . "' "' ""' Sent to others than 11•i~ ~u~>e~i~rs CONSTANTE IM. CI!UZ Edlt<>r&GeneroiManoger Tl & EO. HPC SUBSCRIBED AND SWORN to before me thio 23rd day of October 1962 11 Camp Crome. Que!cn City. the affiant exhibiting his Reolclence Cerrifl· cite No. 0282982 lnued or Manila January 29, 1962. WILLIA'_.. N. CHAVEZ U$>taln, INF (PC) Adm o, Tr & eo, HPC This form 11 uempt Iron> the ptymont 1>f documentery otomp tu. ACT Z~ R~OU I R~S THAT .THIS SWORN STATEMft.fT BE .Fil.,EO WITH tHE . 8U"-EIIV OF POSTS ON APRIL 1 '-NO OCTOBER 1 Of' EACH YEAR. NOVEMBER·DECEMBoR, ·1962 Hon. JOSE L. VALERA Provincial Governor THE PHILIPPINE CONSTABULARY From the Province of Abra I or comfort WITH IMPORTED U .S . WAISTBAND MADE EXClUSIVELY FOR ~rll.C? BRIEF guaranteed not to shrink out of fit nor stretch out of si:ze.