Thursday, August 28, 2008 Public warned vs wearing of military uniforms
NEXT time you wear your favorite camouflage or military fatigue fashion getup, even if it is by Ralph Lauren or Abercrombie and Fitch, think of this directive of the Department of Justice (DOJ).
Justice Secretary Raul Gonzalez Sr. said government should put a cap against the widespread manufacture, sale and use of clothing using similar patterns "or any colorable imitation" of military fatigue or camouflage uniforms because these are reserved only for the use of legitimate military or police officers and not civilians.
Aside from military uniforms, the public is also warned against the open display of insignia and badges of military or police, saying this is against the law.
In a department circular addressed to all prosecutors, Gonzalez noted that most criminal elements, including the rebels in Mindanao identified with the Moro Islamic Liberation Front (MILF) wear military/police camouflage/fatigue uniforms.
He also said that in some bank robbery and kidnapping cases, the perpetrators were described to be wearing military or police service uniforms.
"This poses serious peril to the military and police personnel conducting operations in the area as they get confused on the identity of the enemy," he said, adding that even President Gloria Macapagal-Arroyo was alarmed by the "pernicious" acts of selling and use of these materials.
The justice secretary directed all prosecutors to ensure the swift action on referral for prosecution of persons who engage in such unlawful activities.
He said these uniforms, insignia and badges which could pass for genuine service clothing find their way to these criminal elements through unscrupulous merchants or individuals selling these items.
Citing Republic Act 493, which was passed in 1950, Gonzalez pointed out the criminal nature of unauthorized manufacture, distribution, sale and use of military/police uniforms, insignia and badges against people who are not in the service of the Armed Forces of the Philippines.
Under the law, a person convicted of violation of these laws shall be fined not less than P100 and not exceeding P2,000 or by imprisonment for not less than one month and not exceeding two years, or both.
The same is also punishable under Article 179 of the Revised Penal Code, which penalizes "any person who shall publicly and improperly makes use of insignia, uniforms or dress pertaining to an office not held by that person or to a class of persons of which he is not a member."
Gonzalez also said Executive Order (EO) 297, series of 2000, was issued to regulate the manufacturer, distributor, supplier and seller of police uniforms, insignia, badges and other accoutrement, and shall be dealt with administratively by the Philippine National Police (PNP).
Any violation of this EO shall result in the immediate closure of the establishment, plant or office where uniforms and other items are being manufactured, stored or distributed; the cancellation of its business license and permits; and the condemnation, seizure and forfeiture of all paraphernalia used or intended to be used in the manufacture, on top of fines without prejudice to the filing of criminal and civil cases.
The DOJ has also alerted the local government units through the Department of the Interior and Local Governments (DILG) to mobilize themselves and mount initiatives in line with the department's circular.
"Their participation is critical in checking illegal manufacture and sale of military/police uniforms or their colorable resemblance as these LGUs (local government units) can readily monitor, close and penalize shops in their localities which carry on such illicit trade," said Gonzalez.
Meanwhile, the government is not yet ready to tag the MILF as a terrorist group in the light of terror acts committed in certain areas in Mindanao after peace negotiations were stalled by a Supreme Court (SC) ruling against the signing of a memorandum of agreement on ancestral domain (MOA-AD) with the rebel groups.
Gonzalez said that some police personnel are wary of charging them with terrorism for violation of the Human Security Act (HSA) because they do not want to risk paying the P500,000 fine for illegal arrest and prosecution of unproven charge of terrorism.
Under the HSA, military and police personnel are liable to pay the suspected terrorist P500,000 for every day of his detention once it was proven that he had been wrongfully prosecuted.
However, Gonzalez said MILF leaders Umbra Kato and Abdullah Saber Macapaar can be easily identified and charged under HSA. Their followers, he added, may be slapped with violation of the Revised Penal Code for murder and other offenses.
"Why do you have to go with the anti-terror law when you can use the Revised Penal Code. The anti-terror law will have a psychological impact but it requires a lot of process. We have not tagged them as terrorists, but I think they are terrorists," he said. (ECV/Sunnex)
