THERE are countless complaints about a “laglag-bala” scheme on going in the NAIA airports. The scheme supposedly consists of airport personnel/other people planting bullet/s in the luggage of passengers.
Once the bullets are found in the luggage of the passenger, he would be criminally liable under the appropriate penal laws on illegal possession of firearms, live bullets and ammunition.
In the event you are a victim of such a scheme, and a bullet is suddenly found in your luggage, I would strongly recommend that you first demand - before anything else will be allowed to happen - that your counsel be called and be present.
After ensuring that your counsel is on the way, you should make it clear that you will allow no physical inspection of your luggage (where the bullet was supposedly found) without your counsel or a third party impartial witness present.
In particular, you should not allow the airport security personnel or X-ray scanner technicians to even touch your luggage without counsel or an impartial third party witness present.
This is because, according to some witness and news reports, the bullet is planted during the supposed inspection. Neither should you open the luggage yourself as you may wind up putting your fingerprints on the bullet, which would then incriminate you later on.
A victim could also consider recording the events as they transpire.
Though you should expect that you will be barred from doing so for supposed security reasons. Moreover, one should remember that you have the right to remain silent, as provided for by the Constitution. As such, you cannot be forced to answer questions about the bullet/crime without a lawyer present.
You can also try to take down the names of those who are attempting to harass or scam you (this is under the assumption of course that you are being scammed by airport personnel). You should expect however, that airport personnel will refuse to give you their names. The reason for getting the names of those attempting to scam you is to preserve the option of filing administrative and criminal cases against such scammers.
According to the Public Attorney’s Office Chief, Lawyer Persida Acosta, in relation to the crimes that can be charged for a laglag-bala scheme: "Any incriminatory act of planting/ inserting etc. [of] evidence can be criminally charged of 'incriminatory machinations' under Article 363 of the Revised Penal Code (arresto mayor) and Section 38 of the Comprehensive Firearms Act R.A. No. 10591."
Article 363 of the Revised Penal Code provides: Any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent person the commission of a crime, shall be punished by arresto menor."
Section 38 of R.A. 10591 states: The penalty of prision mayor in its maximum period shall be imposed upon any person who shall willfully and maliciously insert; place, and/or attach, directly or indirectly, through any overt or covert act, any firearm, or ammunition, or parts thereof in the person, house, effects, or in the immediate vicinity of an innocent individual for the purpose of implicating or incriminating the person, or imputing the commission of any violation of the provisions of this Act to said individual."
"If the person found guilty under this paragraph is a public officer or employee, such person shall suffer the penalty of reclusion perpetua."
Now, it is admittedly difficult to remain calm when one is being victimized by a scam like this. But if you keep a calm head, don’t panic, and with the help of a good lawyer, you should be able to walk away from this safe and sound.
If all else fails, don’t forget that no less than Mayor Rodrigo Duterte has offered his services as a lawyer for “laglag-bala” scam victims. Thus, one could call the Mayor through the Mayor’s Office, who has promised to make these scammers eat those bullets. Now that would certainly be a sight to see.
***
The opinions expressed herein are solely of Atty. Lee. This column does not constitute legal advice nor does it create a lawyer-client relationship with any party. You can reach Kelvin through his office at tcplawfirm.staff@gmail.com.