On November 30, 2013, the Mayor of the City of Makati, Jejomar ‘Junjun’ Binay attended a party in Dasmarinas Village in Makati City. This is an exclusive gated community in the heart of the country’s financial district and home to lawmakers, influential businessmen, sports and showbiz celebrities and foreign diplomats. Entrance and exit through the gates of this exclusive neighborhood is regulated by privately hired guards who are governed by the rules laid down by the homeowners.
There is a rule in this subdivision that some of the gates will be closed at 10 pm so that traffic can be controlled and the identities of persons moving in and out of the subdivision can be determined and monitored for the security of the residents.
At around midnight, the Mayor of Makati who visited his sister, Sen. Nancy Binay, wanted to exit through the Banyan gate. The guards refused to lift the metal stile to allow the Mayor’s four-car convoy to exit through Banyan Gate but there was a 10 pm curfew at which time that gate is closed to all traffic. The guards directed the convoy to exit through the Palm Avenue Gate which was open 24 hours and was only 150 meters away.
The CCTV footage taken by the subdivision cameras showed the Mayor getting off his car. His assistant also got out of the car and held aloft an umbrella to shield the Mayor from a light rain shower. Close-in bodyguards of the Mayor also got off their vehicle with their guns locked and loaded. The Mayor’s sister, Senator Nancy Binay also got off her car. They were all at the Banyan Gate for about fifteen minutes in full view of all passers-by.
The footage then showed the Mayor pointing his finger at the guards and then it showed him poking the chest of the guard with his index finger. It also showed the Mayor using his mobile phone. Minutes later, the police came in full battle gear with assault rifles also locked and loaded. The police officers took the subdivision’s guards into custody.
Later, when news of the incident broke out, the Mayor explained that the guards were not arrested but were merely invited to the police station for questioning. They were released four hours later. The Vice-President, Jejomar Binay, Sr. said that there was no abuse of power because his son, the Mayor of Makati, ‘deserved courtesy’ from the guards.
A picture, they say, is worth a thousand words. The CCTV footage presents disturbing events that nonetheless often occur in the Philippines.
First, there is a question of respect for private property. Dasmarinas Village is privately owned property. The homeowners have a right to determine traffic rules within the subdivision and designate specific gates or entrance and exit. Absent any crime being committed, the police cannot simply enter private property and arrest employees of the owners of private property who merely enforce the rules determined the owners of the private subdivision.
Second, the CCTV does not show the guards acting aggressively toward any of the members of the Mayor’s convoy. Rather, they seemed intimidated although they held their ground and accepted the abuse that was heaped upon them, first by the Mayor, then by his bodyguards and later, by the police.
Third, police officers cannot generally place any person under arrest without a warrant of arrest having been issued by the court. The Bill of Rights secures to all persons in the Philippines the right to be safe from unreasonable searches and seizures. One exception to this rule is when there is probable cause.
When the Mayor of Makati calls upon the police to complain that he is not being allowed to exit through a gate of a private subdivision but was directed toward another gate of the subdivision, there is no probable cause for the police to arrest the security guards. There is probable cause when the police officers have personal knowledge that a crime has just been committed, or that a crime is being committed, or that a crime will be committed. There was no crime just committed: the security guards did not detain the Mayor. He was free to leave Dasmarinas Village at any time, but he just couldn’t leave through the Banyan gate. He was free to leave at any time through the Palm Gate.
Fourth, when police officers take custody of security guards at gun point and they are brought to the police station where they were not free to leave until after four hours had passed, they were in fact arrested, although without the requisite warrant for their arrest. That is arbitrary detention as the police had no personal knowledge and no other evidence of any crime that was committed. All they had was the Mayor’s complaint. The Mayor had not even filed his sworn statement to avow his complaint. No custodial questioning or investigation should have been made by the police. The guards should not have been rounded up or brought to the police station merely on the say-so of any person even if he were the Mayor of the city. This is what we mean when it is said that ‘ours is a government of laws and not of men’.
Fifth, what can mere security guards do when they are pressured by a Vice President of the Republic who was former Mayor of Makati, a Senator of the Republic who is the daughter of the Vice-President and brother of the Mayor of the City – the guards should have caved in. They did not, and that is commendable. They could have been afraid of losing their jobs, but nonetheless, in face of the pressure, they decided to obey the rules they were entrusted to uphold within the subdivision. They apologized publicly later. One wonders what they had to apologize for.
Sixth, a mayor throwing a tantrum is not unheard of in this country. A mayor literally throwing around his weight is not new. What is disturbing here is that the influential position of the Mayor, included to the influential position and prominence of his sister and his father illustrated what a political dynasty can do: they do not need to abuse power, they merely have to assert that they are right and the guards were wrong for them to get their way.
Seventh, another complication is that although no force was actually used, the threat of the use of force was used. The Mayor alit from his vehicle and behaved aggressively toward the guards (finger pointing and poking the chest of the guard with his finger). The body guards carried firearms and held these aloft. The police carried high powered firearms (what looked like assault rifles). No force needed to be used the threat was real and imminent.
Eighth, one implication of this incident is the lack of independence of the police and their lack of professionalism. They acted here like the Mayor’s personal security force. Another implication here is that blood is always thicker than water. Family members who occupy different elective offices will stand together and support one beleaguered family member even if the beleaguered family member is in the wrong. This is one reason why political dynasties are frowned upon. Together, members of a family can ‘revise’ all social notions of what is ‘right’ and ‘wrong’ merely by the force of their number and prestige in society.
Ninth, another implication of this incident is illustrated by the deafening silence of Malacanang. Certainly, this behavior of the Mayor of Makati is conduct unbecoming an elected official. Certainly, this behavior of the Mayor of Makati does not conform to the ‘Daang Matuwid’. So why is the President mum about it? Why has he not tasked the DILG Secretary to investigate the incident?
One reason could be that any action on his part to investigate the Vice President’s son will be construed and misconstrued as part of an effort to push the candidacy of Secretary Mar Roxas who is Vice President Binay’s strongest opponent for the Presidential election in 2016. It could also be that some political debts need to be honored – Vice President Binay was a supporter of former President Corazon C. Aquino (mother of President PNoy) and was in fact appointed by her as the acting Mayor of Makati immediately after the 1986 EDSA People Power Revolution.
Lastly, this incident illustrates for us how Filipinos commonly disregard rules as mere suggestions. Everyone wants to given an exception to disobey traffic rules. This also illustrates how family relationships and political alliances breed the spirit of accommodation that predicts much of the culture of patronage politics.
What does all this have to do with OFWs? OFW dollars earned from abroad keep this government and its economy afloat. OFWs must speak their mind as to the behavior of those in power as, ultimately, the taxes they pay and the dollars they pump into our economy keep this country going. OFWs cannot stand idly by without voicing their opinion on the failure of the elected officials to uphold the law.
References:
Burgonio, T.J.A. (2013). ‘Mayor Binay should have been told to go on leave, say Alan Cayetano’ , Philippine Daily Inquirer [online]. Available from: http://newsinfo.inquirer.net/550173/mayor-binay-should-have-been-told-to-go-on-leave-says-alan-cayetano [Accessed 22/12/13]
Calonzo, A. (2013). ‘VP Binay on Dasma incident: Mayor Junjun deserved some courtesy’, GMA News Online. Available from: http://newsinfo.inquirer.net/550173/mayor-binay-should-have-been-told-to-go-on-leave-says-alan-cayetano [Accessed 22/12/13]
Carvajal, N.C. (2013) ‘3 Dasma guards who stopped Binay convoy held, freed’ , Philippine Daily Inquirer [online]. Available from: http://newsinfo.inquirer.net/548765/3-dasma-guards-who-stopped-binay-convoy-held-freed [Accessed 22/12/13]
Salaverria, L.B. (2013) ‘Senator Binay takes up the cudgels for brother’ , Philippine Daily Inquirer [online]. Available from: http://newsinfo.inquirer.net/tag/mayor-junjun-binay [Accessed 22/12/13]
Sta. Maria, M. (2013). ‘Binay, cops, even Supreme Court know: ‘Invitation’ is a euphemism for ‘Arrest’, InterAksyon [online]. Available at: http://www.interaksyon.com/article/77172/mel-sta--maria---binay-cops-even-the-supreme-court-know-invitation-is-euphemism-for-arrest [Accessed 22/12/13]
