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CHAPTER 1

THE PROBLEM AND ITS SCOPE


INTRODUCTION

Rationale of the Study

The callous executions carried out by government authorities or state

actors against civilians without the benefit of judicial or legal process are

state killings or termed as extrajudicial killings. This bypasses the notion of

due process of the legal jurisdiction of which they happen. The Kent State

Shooting on May 4 and Jackson State Killings of May 15, both in the year

1970, were illustrative cases in the U.S.A. of the rigorous and fatal steps

taken by policemen in dealing with the rallying students, greatly rejecting

standard procedures and resorting to an armed exercise of their power

leading to death and injuries of the people involved (Bailey, 2017).

The Philippines, as a unitary, democratic, and a constitutional

republic, has its own military force known as the Armed Forces of the

Philippines, and a civilian national police force, namely, the Philippine

National Police, together with other law enforcement agencies. The issue of

state killings is not new in the country wherein from 1973 to 1985, it was in

Ferdinand Marcos’ 20-year rule of the country that highlighted the record of

3, 257 civilians and political opponents, according to Manila Times, being

missing, salvaged, murdered, and massacred, committed by the military in


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the name of the state. Similarly at present, President Rodrigo Duterte, the

16th President of the Philippines, has plummeted the country again into an

exceedingly human rights crisis, even allegedly worse than the Marcos’

regime according to the Manila Times. His war against drugs that started in

2016 has claimed the lives of more than 12,000 Filipinos to date, according

to Human Rights Watch, and most deaths were deemed to be committed by

police officers to suspected drug-related individuals in their intensive drug

operations.

Constitutional violations of the rights of the people are posed

scandalously in the current administration wherein justice and legal

protection are strongly demanded. The role of practitioners in the legal

profession in accord with the Universal Declaration of Human Rights

enshrines the principles of all people equal before the law, an accused is

presumed innocent, the right to a fair and public hearing by an independent

and impartial tribunal, and all the guarantees necessary for the defense of

everyone charged with a penal offence. Lawyers’ extensive knowledge of

the law helps them safeguard a person’s constitutional rights.

The study is aimed to examine the perspectives of legal practitioners

with the current legal dilemmas in the country, scrutinize existing cases or

concerns, and review limitations and consequent need for improvement in


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the planning, execution and dissemination of pre-existing national and

international laws. The investigation and research of promising practices and

exploratory studies suggested by legal practitioners with regard to state

killings in the country may be initiated by the researchers in the course of

the research.

Theoretical Background

For understanding the views of legal practitioners on the state of

killings in the Philippines, this study will be anchored on Differential

Association Theory by Edwin Sutherland (1939), Social Control Theory by

Travis Hirschi (1969) in conjunction with his co-author Robert Agnew in

their General Theory of Crime (1992), and Behavioral Theory by Andrew

Perlman (2015).

In Differential Association Theory by Edwin Sutherland (1939)

fundamentally proposes that through interaction with others, people learn the

values, demeanors, strategies, and thought processes for criminal behavior.

The degree of impact one gets from messages favoring degenerate behavior

shifts by escalated need, recurrence, and length. It points to clarify why

individuals commit degenerate acts and this hypothesis depends on the

social setting of people to clarify person behaviors. Persons learn their


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freakish behavior through the same components that they learn other

behaviors through introduction to essential and insinuate social contacts.

The primary rule of differential association theory is that criminal

behavior is learned. This declaration denies the plausibility that person

pathology or natural variable causes wrongdoings. It too claims that criminal

behavior isn’t special to or concocted once again by people, but is instep

learned from others. Numerous viewpoints of an offender’s behavior may be

learned from others- for case, the thought processes and defenses for the

crime- but the criminal’s particular activities may result from a combination

of aptitudes, thoughts, and openings that are accessible as it were to that

person. It declares that one has more definitions favorable to the lawful

framework over definitions unfavorable to the legitimate framework, one is

less likely to be reprobate. It expects that individuals situate their activities

toward the law; in other words, the law isn’t unimportant to any person in

choosing how to act. In this way, an individual gets to be reprobate since of

an overabundance of definitions favorable to the infringement of the law. It

is based on the social environment and its environment, people and the

values those people pick up from noteworthy others in their social

environment. It proposes that these definitions are learned through

communication with hint individuals or bunches from whom the individual


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learns the procedures, inspirations, rationalizations, and states of mind

(Sutherland, 1940).

Differential association predicts that an individual will choose the

criminal path when the balance of definitions for law-breaking exceeds those

for law-abiding. This tendency will be reinforced if social association

provides active people in a person's life. Earlier in life, the individual comes

under the influence of those of high status within that group, the more likely

the individual to follow in their footsteps. This does not deny that there may

be practical motives for the crime. If a person feels hungry but has no

money, the temptation to steal will become present. But, the use of needs

and values is equivocal. To a greater or lesser extent, both non-criminal and

criminal individuals are motivated by the need for money and social gain

(Matsueda, 1987).

In Social Control Theory by Travis Hirschi (1969), it accepts that

individuals can see the benefits of wrongdoing and are fit for imagining and

executing a wide range of criminal follows up on the spot—without unique

inspiration or earlier training. It accepts that the motivation to carry out

wrongdoing is opposed in view of the expenses related to such conduct. It

expects to promote that an essential expense of wrongdoing is the


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disapproval to the general population about whom the potential guilty party

cares (Peckley, 2010).

Social control theory proposes that people's relationships,

commitments, values, norms, and beliefs encourage them not to break the

law. Thus, if moral codes are internalized and individuals are tied into and

have a stake in their wider community, they will voluntarily limit their

propensity to commit deviant acts. The theory seeks to understand the ways

in which it is possible to reduce the likelihood of criminality developing in

individuals. It does not consider motivational issues, simply stating that

human beings may choose to engage in a wide range of activities unless the

range is limited by the processes of socialization and social learning. Thus,

morality is created in the construction of social order, assigning costs and

consequences to certain choices and defining some as evil, immoral and/or

illegal (McMahon, 1998).

If particular social structures are inherently inadequate or there is

inadequate regulation, this may change the individual's perceptions as to

means and opportunities; or individual and this refers to the frictions and

pains experienced by an individual as he or she looks for ways to satisfy his

or her needs, i.e. if the goals of a society become significant to an individual,


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actually achieving them may become more important than the means

adopted (Aseltine et al., 2000).

This related to the general theory of crime which is a sociological and

a criminological theory created in 1992 by Robert Agnew. The center

thought of the theory is that individual who have gotten involved in straining

situation ought to be troubled or disturbed which may lead them to commit

the wrongdoing in arrange to manage. One of the key standards of this

hypothesis is feeling as the motivator for the wrongdoing. The theory

was created to conceptualize the total extend of sources within the society

where strain conceivably comes from. The theory moreover centers on the

viewpoint of objectives for status, desires, and course instead of centering on

cash (Agnew, 1992).

The issues of state killings committed in the Philippines are not new

and might have deep-rooted foundations from the long history of the

country’s colonization to various powerful countries that have been

embedded profoundly to the people for which there was a violent struggle of

the former and the latter’s control of the Philippine islands. Such is the

strong desire for control that it was carried on through generations.

According to International Coalition for Human Rights in the Philippines,

Commissioner Dominador Calamba Rights cited 383 killings brought to the


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CHR's attention, of which 145 were extrajudicial or political in nature in

2013.

On August 3, 2018, President Rodrigo Duterte delivered a speech that

he asked God to send EJK victims to heaven together as he opened the

Mindanao's largest drug rehabilitation center. The administration has

consistently said it believes in rehabilitating drug addicts and treating drug

addiction as a health issue, but the incidence of killings is as prevalent

against much of drug users and pushers. President Rodrigo Duterte’s “war

on drugs," propelled after he took office in June 2016, and has claimed an

expected 12,000 lives of principally poor urban inhabitants, including

youngsters as per a report of the Human Rights Watch. “The whole approach

or the whole strategy of his administration is really killing, kill, and kill. Is

that acceptable? Not at all” stated Sen. Leila de Lima in an interview with

SBS Dateline.

The war against illegal drugs was a noble goal but the impunity and

abuses carried out by some of the state actors, commonly police were

negatively affecting the rate of public confidence. According to the same,

these were brought to a highlight of the August 2017 killing of the 17-year

old Kian De Los Santos in a drug-raid and of the 19-year old Carl Arnaiz by
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policemen who rather have conflicts between their accounts of what

transpired and the object evidence found in the separate crime scenes.

In connection, collateral damages were innocent civilians, citing a

recent one was the case of Bladen Skyler Abatayo, a four-year-old child hit

dead by a stray bullet during a drug bust operation in Barangay Ermita, Cebu

City, as reported by PhilStar on July 11, 2018. On a February 23, 2018

report of Reuter, since the PNP has resumed its participation on the war on

drugs, members of the Philippine National Police conducted dozens of

intensified drug-raid operations in the country in that single night and

resulted in the arrest of 63 people and deaths of 10 drug-peddling suspects.

This furthers the intensification of the war on drugs and the increasing death

toll in the process.

The responsibility of every police officer is to serve the public and

protect life and property. No police operation shall be conducted in order to

serve or protect the illegal activity of a particular person, group or criminal

syndicate. All PNP personnel shall respect the human rights and dignity of

the suspect/s during police operations.” The preceding statements were taken

in verbatim from the PNP Handbook issued to every police officer on

December 2013. The Philippine National Police was put in a spotlight after
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all the issues that surrounded the agency upon its participation in Pres.

Duterte's War on Drugs.

The concept of death squads is not new in the Philippines and one was

unearthed in the investigation of the Davao Death Squad (DDS) which is a

vigilante group supposedly active in Davao City. The group is allegedly

responsible for summary executions of street children and individuals

suspected of petty crimes and dealing in drugs in Davao. It has been

estimated that the group is responsible for the killing or disappearance of

between 1,020 and 1,040 people between 1998 and 2008. In an article

published by Inquirer in 2017, it was in December 2016 when Matobato, a

self-confessed former DDS hit man, filed criminal and administrative

complaints against Pres. Duterte and 27 others for murder, kidnapping, in

relation to the killings allegedly perpetrated by the death squad.

Republic Act No. 10353 otherwise known as the "Anti-Enforced or

Involuntary Disappearance Act of 2012″ was approved on December 21,

2012, by the former President Benigno Aquino III. This was the act defining

and penalizing enforced or involuntary disappearances in the Philippines that

may be committed by agents of the state. Section 1 of the statute stated how

the state values the dignity of every human person and guarantees full

respect for human rights for which the highest priority shall be given to the
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enactment of measures for the enhancement of the right of all people to

human dignity, the prohibition against secret detention places, solitary

confinement, incommunicado, or other similar forms of detention, the

provision for penal and civil sanctions for such violations, and compensation

and rehabilitation for the victims and their families, particularly with respect

to the use of torture, force, violence, threat, intimidation or any other means

which vitiate the free will of persons abducted, arrested, detained,

disappeared or otherwise removed from the effective protection of the law.

It’s not just suspected drug users and dealers at risk of targeted killing

in the Philippines, but journalists too wherein citing one famous case from

the Human Rights Watch and GMA News is the 2005 killing of journalist

Marlene Garcia-Esperat. There are a number of killings of media personnel,

NUJP Chairperson Jose Torres on an interview with ABS CBN News on

May 3, 2008, stated that of the 93 journalists killed since 1986, only five

cases have ended with convictions but no mastermind has been put behind

bars. On August 17, 2017, two journalists in two days were murdered in the

country in separate incidents, namely Broadcaster Leo Diaz of Manila

Tabloid Balita and Rudy Alicaway of DXFB radio station in the report of

The Straits Times Asia. In addition, President Duterte’s statements of the

killing of corrupt journalists as justified on a CNN report published on 2016,


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reinforce the country's image as one of the world’s most dangerous places

for media workers.

There are a series of political killings in the Philippines, between

2016- 2018, 10 records of mayors and 6 vice-mayors were killed or

ambushed while holding office between July 2016 and July 2018 in a report

by Rappler on July 2, 2018. On July 7, 2018, the same news website

reported Vice Mayor Alex Lubigan of TreceMartires, Cavite, and on July

11, 2018, Sapa-Sapa, Tawi-Tawi, Vice Mayor Al Rashid Mohammad Ali

were both ambushed and shot dead on separate incidents. Numerous actors

are said to be responsible for these killings but the recent deaths are still

presumed in connection with the illegal drug war of the administration.

In Behavioral Theory on Legal Ethics by Andrew M. Perlman (2015),

it states that the behavioral approach to ethics focuses on two elements: an

individual’s actual behavior and the psychological processes that underlie

that behavior. In contrast to viewing ethics and morality from a

philosophical perspective or as grounded in rules of conduct, behavioral

ethics explores empirically how people actually behave when they are faced

with an ethical dilemma within the context of larger social prescriptions. The

current situation of Philippine’s political and legal system and the apparent

disregard of standard procedures by some state actors is an example. As


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such, it allows a comparison between the actor’s ultimate behavior and how

the actor thinks she should or would behave. This predictive measure

frequently reveals a gap between how people think they would behave and

how they actually behave (Perlman, 2015).

In addition, a primary assumption underlying behavioral ethics is that

ethical failures can occur unintentionally as a result of psychological or

situational variables—a possibility rarely considered in any post hoc analysis

of unethical conduct. Moral infringement is normally clarified as cognizant,

purposeful acts. Putting the task of the legal practitioners in the noblest way

conceivable, legal advisors are defenders of rights. In outrageous cases, there

is some power in this contention. Individuals accused of criminal offenses

hazard losing their freedom if wrongly indicted (Perlman, 2003).

One dominant point of view, information processing, expect that legal

practitioners are wanting processors of social data and continue to document

inclinations and propose routes for the law to minimize imperfections in

human comprehension (Arrigo, 2010).

Individuals should be given more prominent access to legitimate help

so as to prevent a number of individuals from being denied of their legal

entitlements. Personal injury victims will miss out on compensation, more

innocent people will go to jail and fewer people will be able to take on their
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insurance company. The loss borne by the unrepresented victims during the

period should be outweighed many times over by future generations with

access to legal assistance as of a matter right, not luck (Gibson, 1983).

Positivist legal ethics theorist have primarily used this account of the

role of law to ground theories of legal ethics that see the lawyer's role as

properly directed to "resolute" or "zealous" pursuit of client legal

entitlements, and not independent assessments of the moral landscape of the

situation.' The positivist turn is a direct response to critiques of the

"Standard Conception" of legal ethics which provides two principles to

guide lawyers in acting for clients: the Principle of Partisanship, which states

that the lawyer’s sole allegiance is to his/her client, and The Principle of

Neutrality, which states that professional neutrality should be maintained by

the lawyer with respect to the moral merits of the client. These are used to

embody equality in our relations with one another, and to act on the

recognition of the inherent dignity of all persons. A third principle is the

Principle of Non-Accountability, which centers not around giving direction

to legal advisors on proper behavior, but on giving direction to others on the

most proficient method to form opinions for legal practitioners. So long as

an attorney seeks after his or her client's lawful entitlement through lawful

means, the Principle of Non-Accountability gives that a legal counselor


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ought not to be judged based on the ethical quality of the client (Campbell,

2004).

Sixteen judges have been killed since 1999 to the year 2009 (Laserna

Jr., 2009). These numbers have continued to increase and one recent case of

Judge Godofredo Abdul Jr. of the RTC Branch 4 who was shot dead on

August 5, 2017 reported by Sunstar Philippines and Ricky Begino, 49,

presiding judge of the Municipal Circuit Trial Court (MCTC) in San Jose

and Lagonoy towns in Camarines Sur that was killed on June 13, 2018,

reported by Inquirer News. Sunstar Philippines gave an account of February

24, 2018, the quantity of attorneys slaughtered in the Philippines has

expanded by one more with the murder of Jonnah John Ungab, Kerwin

Espinosa's legal counselor, on Feb. 19 of every a bustling road close to the

present Cebu City Palace of Justice. A list of legal advisors slaughtered from

2004 to 2014 demonstrated 38 names, including Noel D. Archival (2014),

Jubian P. Achas (2013), Richard W. Sison (2008), and Arbet Sta. Ana-

Yongco (2004). In 2012, Integrated Bar of the Philippines (IBP) president

Roan Libarios created a team that investigated the murder of no less than

200 legal counselors and judges for a long time starting in 2002 with the

point of protecting attorneys from violent activities. Be that as it may, at that

point the killings have not halted. Ousted Chief Justice Maria Lourdes
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Sereno, in a statement she made with CNN Philippines, stressed that

authorities must address the "increasing frequency of violent attacks" against

lawyers, prosecutors, and judges.

Law enforcement officers are not exempted from killings and can also

be subjected to being gunned down or assassinated. On August 16, 2017,

PO3 Ryan Martus Quiamco, one of the alleged drug protectors in Central

Visayas announced by Pres. Duterte in his narco-list and his wife Rizalyn

were shot dead by anti-narcotic operatives during a shootout in Talisay City,

Cebu. Similar incidents were reported by The Freeman on July 13, 2018,

when Police Officer 1 Avita Sarzuelo, 47, a police for 22 years, and a

suspected drug protector, was ambushed and shot dead. According to

another report from the Manila Bulletin, on July 22, 2018, two policemen

were killed in an ambush by suspected communist rebels Taytay town of

Palawan. On May 12, 2018 report of the Inquirer, James Rivera, former

police officer assigned at the Tondo police station was shot dead near his

home in residence at R. Cristobal Street, Barangay 475. In Cebu City, Senior

Inspector Raymond Hortezuela was killed in a Cebu drug bust operation

after he allegedly resisted arrest in a report by GMA News on June 11, 2018.

This was followed on a June 19, 2018, report of Sunstar Cebu by Police

Officer 2 Melchizedek Batomalaque, allegedly having drug links, who was


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gunned down in Toledo City, Cebu from unidentified assailants. Among of

the most recent cases was of Senior Police Officer 1 Adonis Dumpit who

was put down by a joint operation of Bohol police operatives and the

National Bureau of Investigation as they implemented a “drug- interdiction”

operation on June 27, 2018, according to Rappler.

Members of the church were unlikely to be exempted from violence

for a report from Aljazeera News on June 13, 2018, detail of the killings of

three Catholic ministers since December and that it has brought alert up in

the Philippines, with the church and political leaders denouncing the "culture

of violence" in the nation. Richmond Nilo was the most recent individual

from the Catholic ministry to be killed by unidentified shooters on Sunday,

as he was getting ready for a chapel gathering in the northern area of Nueva

Ecija. In December 2017, a 72-year-old minister was shot in Nueva Ecija,

hours subsequent to encouraging the arrival of a political detainee. In April,

a 37-year-old cleric, who pushed for ethnic minorities and against mining,

was executed in the northern area of Cagayan. A fourth minister, who had

filled in as pastor for the Philippine police, survived a deadly attempt outside

of the capital Manila prior this month.

In the Philippines, crooks have run unchecked and legislators have

been permitted to be degenerate and unfeeling for the longest time. It is


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almost certain that this issue – this hydra in a manner of speaking – did not

become overnight. It has been forever and a day in taking shape and runs so

profound, implanted in the simple foundations of our nation (Katigbak

2016).

The phenomenon of violence in the country has increased. We see it

in everyday situations all the time. Here in the Philippines alone road rage –

something so trivial – has resulted in fistfights, brawls, and even death. On

our President's "War on Drugs", it dependable fact that it originated from a

position of genuine concern for the welfare of the Filipinos. All things

considered, nobody denies that drugs have caused so much viciousness and

torment in the nation and in the lives of such huge numbers of. Nonetheless,

moving toward the issue with an "execute them all" demeanor isn't making a

difference. It is just cultivating a network of dread. What's more, when fear

holds a network, viciousness, and strife are not a long ways behind.

The theories mentioned explain in various situations how violence

was propagated in the country and as to why legal practitioners are

important. With an understanding of the actions and roles of practitioners in

the legal system and the causes of violent behaviors and victimization

patterns through the views of these theories, the criminal justice system and

the general public will be better equipped to be aware of purpose and


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importance of legal practitioners as well as to the why of the state killings in

the country.
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THE PROBLEM

Statement of Problem

The study delved into the views of the legal practitioners on the

murder and homicide cases in Cebu City, particularly in the South District.

Specifically, the study sought to answer the following questions:

1. What are the views of the legal practitioners on the incidence of

killings in Cebu City?

2. What are the insights and challenges of the informants arising from

the murders and homicide cases occurring in the city?

3. How did the state of killings have an effect or influence on the lives

of informants and of the members of the legal community?

Significance of the Study

The study will be beneficial to the following entities:

Legal Practitioners. Legal practitioners, attorneys or legal advisers

will be informed of the views or perspectives of other legal practitioners in

the country with regard to state killings and the various legal dilemmas that

is attached to it.
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Community Residents. The public (e.g. parents, youth, students,

etc.), through this study, will be more informed and knowledgeable of the

state killings here in the Philippines and be more aware citizens.

Philippine National Police. Findings of the study will serve as a

guide to improving the delivery of their services to the victims of killings in

their respective jurisdictions here in the Philippines. The study also would

also act as a catalyst for their drive in preventing and in taking action against

violations of human rights that is allegedly prevalent in the country.

Local Government Units. The study will serve the local government

units in being knowledgeable of the state killings in their respective

jurisdictions here in the Philippines, dangers and effects of the furtherance of

violations of human rights by their residents, and in formulating their future

programs and activities for their community. It may be used as a basis for

implementing ordinances or rules and regulations in their respective

barangays, municipalities or cities in order to curb the increasing incidence

of violations of human rights.

The Researchers. The research will equip the researchers of the

knowledge about the killing issues and situations in the specified area and

the efforts and views of legal practitioner on the state killing of the

Philippines.
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Future Researchers. This study can be utilized as a basis for study or

reference for future researchers conducting studies in line with the state

killings or abuses in the Philippines and the issues surrounding it.


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RESEARCH METHODOLOGY

Research Design

This study employed a qualitative phenomenological method of

research employing a narrative approach in delving into the views of legal

practitioners on the state killing of the Philippines.

This research involved qualitative analysis and assessment from semi-

structured interviews, observation and exploring the views of legal

practitioners on state killings of the Philippines. The participants can

describe their views that can be used to gather data in a phenomenological

study (Bailey, 2017). Phenomenology is the recognized approach to this

present study as it focused on human phenomenon and its importance

especially to criminology as a field of discipline.

Research Environment

Cebu City, formally the City of Cebu, is a first-class highly urbanized

city of the island of Cebu in the Central Visayas Region, Philippines. As per

the 2015 evaluation, it has a populace of 922,611 individuals, making it the

fifth most populated city in the country and the most crowded in the

Visayas.
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It is the seat of government and capital for the Region VII, however is

represented free and separate from it. The city is a huge focal point of

business, exchange and education in the Visayas.

There are a number of legal practitioners in Cebu City and over

thirteen law firms in the city, such as, J Ouano& Associates, Mendoza Law

Office, Misal Martin Law Offices, Sapalo Velez Bundang &Bulilan Law

Offices, SyCip Salazar Hernandez & Gatmaitan, TLCM Law Firm, Yap

Gonzales & Associates, and many more. Public legal practitioners are also

employed in Public Attorney Office, Provincial Prosecutors’ Office,

Integrated Bar of the Philippines, etc.

The South District of Cebu City is composed of 35 barangays,

namely: Barangay Babag, Basak Pedro, Basak San Nicholas, Bonbon,

Buhisan, Bulacao, Buot-Taop, Calamba, Cogon Pardo, Duljo Fatima,

Guadalupe, Inayawan, Kalunasan, Kinasang-an, Labangon, Mambaling,

Pahina San Nicholas,Pamutan, Pasil, Poblacion Pardo, Pung-olSibugay,

Punta Princesa, Quiot, San Nicolas Proper, Sapangdaku, SawangCalero,

Sinsin, Suba, Sudlon I, Sudlon II, Tabunan, Tag-bao, Tisa and Toong.

The state of killings as reported on August 5, 2018 in a count made by

Cebu Daily News states that no less than 112 people were killed in shooting
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episodes in Cebu throughout the most recent a half year. Since 2017, around

9 policemen were murdered, 6 by obscure aggressors and 3 amid police

activities. 1 PDEA agent, 4 Brgy Tanods, 2 Cebu councilors, 4 councilmen

and Ronda Vice Mayor Jonnah John Ungab.

Research Participants

We selected the informants on the basis of some qualifications using

purposive convenient sampling. The research participants of this study will

be the ten (10) selected legal practitioners in their views of the state killings

in the Philippines. Four (4) of the informants are from the Public Attorneys’

Office, four (4) are private lawyers with their respective law firms, and two

(2) informants are prosecutors from the Cebu City Provincial Prosecutors’

Office. The participants will be specially chosen by their authenticated

record of holding a license in the Integrated Bar of the Philippines or any

authenticating documents the subject may produce. The number of

participants was no less than ten participants.

Research Instrument

In the gathering of data, the researchers of this study employed the use

of an interview guide, a voice recorder, and an Informed Consent Form

during the course of the interview with each participant. The interview guide
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served to direct the conversation to let the interviewer get to the points of

interest to get the maximum information from the participants of the study. It

is a self-made-panel-approached interview guide consisting of the following

parts: Part 1 deals with the views of the legal practitioners on the incidence

of killings in Cebu City; Part 2 deals with the insights and challenges of the

informants arising from the murder and homicide cases occurring in the city;

and Part 3 deals with the effect or influence of the state of killings on the

lives of informants and of the members of the legal community. The three

major questions are followed up with specific questions of which the

participant, in his discretion, answered.

The voice recorder was used, with the consent of the participant, to

have an audio record and accurate documentation of the informants’

responses. In this way, no questions shall be raised as to the validity of the

basis and findings of this research. And, the informed consent was necessary

to have the whole interview process under the legal bounds of the law. This

protected the informants as to the conditions they undergone in the interview

as well as informed them of the confidential nature of the interview, and

worked to protect the researcher as to the legality of the interview with the

informant.

Research Procedure
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The study carried out through the process of random selection by the

researcher who traced the would-be participants and asked for their consent

to interview them with regards to the research together with the explanation

of the purpose, objectives and the vital data they could contribute needed for

the study. Finally, with their consent, the formal interview was conducted

with the participants.

Data Collection. Before the actual interview, transmittal letters were

sent to the Head of the PAO, Provincial Prosecutor of Provincial Prosecutors

Office, and heads of private law firms respectively; an informed consent and

an approved interview guide noted by the adviser and approved by the Dean

of the College of Criminal Justice was addressed to the legal practitioners in

Cebu City. Once approved, we began to conduct the interviews. We

explained to the informants how the interview will be made, the purpose and

details of the said study, informing them of the rights of informants and

obligations of the researcher before and after the conduct of study.

In the conduct of interview, we selected a conducive venue for the

informants that we’ll encourage honest responses. After each of the

interview, we transcribed their answers and translated them to English when

necessary.
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Data Analysis. Thematic content analysis was utilized to analyze and

cluster interview answers in common themes for interpretation. In this

research, the recorded responses that the researchers acquired and analyzed

to obtain discrete, key themes that are relevant and specific to individual

categories. The inspection and analysis of the content that was provided

through the interview revealing messages within the content itself. Thematic

code analysis was used to inspect themes which emerged during the future

analysis of interviews for the purpose of gauging the frequency of themes

and similarities between users who employed the use of themes.

Ethical Considerations. In the conduct of this study, the researchers

will adhered to the highest technical standards in research and acknowledge

the limitations that may affect the validity of findings. In presenting the

research finding, misrepresentation of findings or omitting significant data

was strictly avoided. Subjects have the right to full disclosure of the

purposes of the research as early as it is appropriate to the research process,

and they had the right to an opportunity to have their questions answered

about the purpose and usage of the research. Subjects are entitled to rights of

personal confidentiality unless they are expressly waived. Informed consent

was obtained before the conduct of the actual interview.


29

Trustworthiness of Research. The issue of validity and reliability

arose from a need to persuade researchers of the authenticity and

trustworthiness of the methods of collecting and presenting information and

the interpretations that are derived from it. In order to ensure the relevance

of the questions as well as their validity and reliability, intensive literature

researches were conducted prior to the formulation of questions.

Furthermore, the researchers conducted fieldwork observations after the

interviews to verify and confirm the conclusions to be made. The interview

was conducted by the researcher themselves, recorded and notes were taken

down during all interview. The result of the study was used to greater extent

of goals and it is advantage by providing information or evidence to support

or prove its conformability, and able to provide a support the activities in

which the researcher realized the standard of a quality, true, real and honest

study (Maningo, 2017).

Dependability ensures that the research findings are consistent

and could be repeated. This is measured by the standard in which the

research is conducted, analyzes and presented. Each process in the study

should be reported in detail to enable an external researcher to repeat the

inquiry and achieve similar results. This is also done to confirm the accuracy

of the findings and to ensure the findings are supported by the data collected.
30

All interpretations and conclusions are examined to determine whether they

are supported by the data itself.

Conformability questions how to research findings are supported by

the data collected. This is the process to establish whether the researcher has

been biased during the study; this is due to the assumption that qualitative

research allows the research can judge whether this is the case by studying

the data collected during the original inquiry. It shows the soundness of the

research methodology and the results generated, based on the extent to

which the research remains in congruity with universal laws, objectivity,

truth and facts.

Transferability refers to the degree to degree in which the research can

be transferred to other contexts; readers of the research define this section.

The reader notes the specific details of the research situation and methods,

and compares them to a similar situation that they are familiar with. If the

specifics were comparable, the original research would be then credible. It is

essential that the original researcher supply a highly detailed description of

their situation, methods conformality, and able to provide a support the

activities in which the researcher realized the standard of a quality, true, real

or honest study.
31

DEFINITION OF TERMS

For a better understanding of the study, the following are

operationally defined:

Legal Practitioners. This term, generally, refers to lawyers,

advocates, or attorneys; persons who study, develop and apply law, or whose

profession is to represent clients in a court of law or to advise or act for

clients in other legal matters; those who have obtained a law degree, passed

the Bar examinations for lawyers, and is a current member of the Integrated

Bar of the Philippines.

State of Killings. This refers to the particular conditions,

circumstances, or situations of the killings in the Philippines, particularly in

Cebu City, measured empirically or statistically.

Murder and Homicide cases. This refers to recorded cases of the

Philippine National Police or the lodged cases in the Philippine Courts for

which pertain to a killing of a person or those cases falling under Articles

246 (Parricide), 248 (Murder), 249 (Homicide), and 251 (Death Caused in a

Tumultuous Affray).

Views of legal practitioners on the state of killings in the

Philippines. This refers to the perspective of the lawyers towards the state of
32

deliberate and unlawful killing of a one person by another, either by state

actors or government law enforcers, in the Philippines.

Challenges arising for legal practitioners on murders and

homicide cases. This refers to the situation being faced by the legal

practitioners that involves the practical application of abstract legal theories

and knowledge to solve problems like murder and homicide cases, and to the

increasing pile of these cases lodged in the courts.

Ethical conducts of legal practitioners in dealing with murders

and homicide cases. It refers to the legal practitioners’ paramount duty to

the Court and to the administration of justice that they must conduct

themselves with integrity, provide competent assistance to the courts, and

promote public confidence in the court system.

Role of the government in the increase or decrease of murders or

homicides in the country. This refers to the position or purpose of the

government in a situation of murder and homicides that they have to

establish justice, promote general welfare and to insure domestic tranquility,

or in their role of encouraging the impunity.


33

CHAPTER 2
PRESENTATION AND ANALYSIS OF DATA

This chapter deals with the presentation and analysis of data.

Presentation of Data

All transcriptions were read for many times for purposes of acquiring

the views of the informants on the murder and homicide cases that had

happened in Cebu City. The significant statements were extracted from the

informant pertaining directly to the research phenomena (see Appendix D

for sample of significant statements).

Formulated meanings were constructed from the significant statement

and arranged into cluster themes (see Appendix E-1 for sample of

formulated meanings) Cluster themes were then re-grouped and which

evolved into emergent themes (see Appendix E2 for sample of cluster

themes which evolved into emergent themes) The results were into rich and

exhaustive narration on the views of the informants about the murder and

homicide cases.

For the views of the informants on the incidence of killings in Cebu

City we had formulated four (4) emergent themes for positive and negative

view respectively, two (2) emergent themes for the insights and challenges

of the informants, and for the effect or influence on the lives of informants,

we had formulated two (2) emergent themes.


34

Below are the presentations of themes related to the views of legal

practitioners on the incidence of killings in Cebu City, the insights and

challenges arising of legal practitioners and the effect or influence on the

lives of informants.

I. Views of legal practitioners on the incidence of killings in

Cebu City

A. Positive Views

1. Figures of visible authority

2. Motivated to pursue justice

B. Negative Views

1. Power and impunity

2. No moral ascendancy

II. Insights and challenges of the informants arising from

the murders and homicide cases occurring in the city

1. Rumored but not yet proven

2. People’s hopelessness

III. Effect or influence on the lives of legal practitioners

1. Silent rising fear

2. Loss of confidence
35

I. Views of legal practitioners on the incidence of killings in Cebu


City
This research question elicits responses from the informants about

their views, feelings and situations on the incidence of killings that had

happened in Cebu City. We have come up with two (2) emergent themes

from the informants.

A. Positive Experiences. For the positive view of the informants, we

used the theme

1. Figures of visible authority. The informants expressed

their approval of the overall safety precautions implemented by the

government most especially the increase of police visibility in the streets.

According to informant 9, he state that:

Well, that's something that we really adhere, as a


lawyer, we this with this kind of actions if to or if proven
to, but of course again, like what have I said a while ago
we will just leave it to the police and I'm quite confident
with the actions of out police and at the same time this
are all done by them in making sure that public order
and peace is achieved in our community, in our city
(IDI9).

This statement is affirmed by Informant 8 saying:


In fact, the department of justice of which I
belong has reactivated a task force, inter-agency task
force on extra-legal killings, torture to address these
problems because no matter how the administration
leveled as or the president level as human rights
violator or the one who encourage of this killings, this
administration address the concerns or the people
regarding this extra-legal killings by reactivating this
inter agency task force by the way, this inter-agency has
36

composed of PNP, DILG, NBI, DND, DOJ who will


make investigation and eventually prosecutions (IDI8).

2. Motivated to pursue justice. The informants expressed

their feelings on the situation that despite of the increased incidence of

killings in Cebu City, they are still accepting clients in the pursuit of justice.

Quotes from the informant 5 response:

I don't think so, if I am young lawyer, it serve as


a motivation for me, to pursue or fight justice and want
to be part of this solution, not a problem (IDI5).

This statement is affirmed by Informant 2 saying:


Like all challenges come into your life, they
buckled down or fight quality; attorneys are expanding,
thousands of bar passers all over, so there’s continuously
diminish in number. In the event that one is fizzled,
hundred will come (ID2).

In addition, Informant 9 said that:

Well of course we have to leave it to the opinion


of each one of us, for me? It could be but ah... if you are
not into some kind of activities, well there has nothing to
that anyone of us to be scared about such killings, this is
just a profession, we all know the practice of law is a
profession, so we don't fear into handling cases like that
(IDI9).

B. Negative Experiences. For the negative views of the

informants, the theme formulated is

1. Power and impunity. The informants revealed that the series

of killings that had happened in Cebu City are state initiated since police
37

officers are inspired with the President’s statements that he will kill those

who are involved in drugs.

According to Informant 3, he said that:

Not just the pronouncement of the president that


he will kill those in drugs but even the earlier statements
of the president while he was still a candidate that he
will pardon those police officials who will drug addicts.
So yes, were they inspired by the president? Yes, they
were inspired by the President (IDI3).

With Informant 8, he further said that:


Yes, definitely because the illegal problem is not
only scripted has affected in Cebu City and even if the
president has made known his stands involving illegal
activities, his war on drugs, you can still see that the
problem of drugs are still prevalent in our city (IDI8).

Other informants on their personal views on the incidents of killings

in Cebu City, the informant describes their views on the killings that had

happened in Cebu City that people who are involved or accused of drugs

related activities are immediately killed without bringing to the court for a

proper trial.

Informant 3 stated that,

Well, this is really a transgression of what is


legal considering that there is a constitutional
presumption of innocence. The constitution provides that
all persons must be presumed innocent until proven
otherwise. Now these killings, they have been saying
that these are personalities related or with drug
involvement. Sure if there is an involvement in drugs,
but we have to put them into trial. And now its injustice
that they are taking matters into their own hands by
38

killing these people. So, to be very blunt about it if


you’re asking me, are these killings sponsored by the
police? My answer is a resounding yes (IDI3).

This was also agreed by Informant 8 stating,


You all know that accusation or allegation is not
always the truth because you need evidence; you need
testimonies of witnesses so even if you changed
somebody with those incidents, if you lack witnesses
you don’t have credible witnesses. You cannot get on
conviction and we can never have answer to our
questions. We go to court to seek answer to know the
truth (IDI8).

The informants stated that they are aware in the series of killings that

had happened or about to happen in Cebu City that they are those people

who are involved of drug related activities because the current

administration is very serious in his war on drugs campaign.

According to Informant 3, he narrated that:

I am aware considering that I listen to the news


every day. Not just with the news, but since I am
government employed, I think I know some of the
killings (IDI3).

Quoted from Informant 4, he said that:

What I read from the newspaper about the


killings, if it is not about politics, it is related to drugs.-
(IDI4).

2. No moral ascendancy. The informants stated that the killings

that had happened in Cebu City builds a culture of impunity because people
39

are now immune on what was happening especially the killings and for them

it is now normal.

According to Informant 3, he said:

It somehow builds a culture of impunity. That


it’s okay to be violent. That somehow it’s becoming a
norm that it’s okay or it would be normal that someone
would be dead (IDI3).

This was supported by Informant 5, saying:

It by one means or another forms a culture of


exemption. That it's alright to be fierce. That by one
means or another it's turning into a standard that it's
alright or it would be typical that somebody would be
dead (IDI5).

The informants revealed that because of our current administration,

the implementation of law have gone its moral ascendancy. That moral

ascendancy is what connects the one governing and the governed, what

cements their mutual appreciation and deference.

According to Informant 1, he said:


At the end of the day, there will be a chaos because
they can no longer have the moral ascendancy of
implementing the law because what is law after all, the
criminals and the police are place on the same level, well,
they believe that some police committing it making shortcuts
so what are their difference from the common criminals?
They are just criminals, so, if there is no distinction then
there is anarchy in government (IDI1).
40

In addition, Informant 5 said that:

Yes, it is no longer have the moral ascendancy, it is


not already conform to a standard behavior or we have no
strong moral authority (IDI5).

II. Insights and challenges of the informants arising from the

murders and homicide cases occurring in the city

This research question elicits responses from the informants about

their insights and challenges arising in their legal profession. We have come

up with two (2) emergent themes from the informants.

1. Rumored but not yet proven. The informants had

described their experiences that police are inefficient and that is the problem

of most lawyers when they are prosecuting a case since some of the police

officers are relying only on how they arrest and they are even lack of

communication skills.

This was stated in Informant 6 response, saying that:

The police are reluctant, compelled or otherwise


inefficient in case investigations involving drug-related
killings (IDI6).

This notion was highlighted by the response of Informant 7 who

reiterated that:

As a lawyer, it is very hard for me to answer this if it


really affects them but as an ordinary citizen, we already
41

know who did it and to be true it is so hard to wake up those


people who are already awake so if you question me why
these cases had not yet been solved? As a lawyer it is so hard
to answer this question because there are many factors why
this hasn’t been solved yet, one is people is scared to go out
and testify, as a lawyer that is the reason I see. This CCTV
thing is a big factor, because why can they produce a footage
when it is not drug related, and can’t produce if it is drug
related?
I have nothing against the war on drugs, who would
not like the idea of war on drugs but let’s just answer this
question, the effect of this killings is the rule of law. If this
are indeed state sponsored killings it has really a big impact
in the whole justice system, because in the first place, in the
duty of the government to uphold the rule of law, it is its
primary duty, if this is really state sponsored, well they have
abandoned their primary role in enforcing the law so if the
state no longer follows the law, how can you expect the
people to fall in line, that’s why if the state will sponsor
killings, well this will be the time that the vigilantes will pop
out and kill whoever their enemies are, then it will be easy
already to kill. So the ending of this especially in our line of
work is we deal directly to the accused, and this thing called
rule of law, this is very hard to reinterpret to a normal person
that hasn’t study law but they have this basic concept like
when they ask that that “is it okay to kill a person even its
sleeping?” because it happens in real situations. So in short
the impact in this to the rule of law will be people will
somehow be degraded, people will eventually think that the
rule of law will be the alas of the police officers, they would
think that the police officers are the rule of law, they are not
the rule of law but rather enforcers of the law (IDI7).

Informant 4 also supported this by saying:

Well, most of my experience in cases of murder and


homicide, the police participation of arresting the alleged
suspect, there efficiency is base only on how they arrest or
they only rely on eye witness or material witness so
physically the police will merely rely on that (IDI4).

In addition, Informant 8 stated the involvement of the government in

the act and said that:


42

If we will try to look at, even before police


complicity is already a problem before until now, it is always
a big question, police officers are highlighted now because
they are motivated by the president to such things- Forgive
me but I have a lot of police officers who are my friends but
what can we do. You have to understand, you’re entering the
police force soon, there’s a sense of brotherhood there. You
cannot investigate your own cabaro. If you’re going to ask
me, yes they are efficient with all due respect. But with the
killings, they did have poor investigations. I don’t blame if
people say they don’t believe in the police anymore and they
go to the NBI (IDI8).

In addition, Informant 5 said that:

Maybe, it is because of specific reason, because of


lack of personnel, their technology, sometimes leadership
skills, they are not really advance unlike the highly
industrialized country in US and also communication (IDI5).

2. People’s hopelessness. The informants had described that

due to the unsolved killings, people started to loss their trust and being

hopeless.

According to Informant 1, he said that:

Well, that will be the result if the situation will continue,


meaning to say, people will no longer trust the police
and people will lost trust of the institutions. The logo of
the police is to serve and protect now, if people no
longer feel served and protected then that institution
which all to serve and protect must probably been
abolish (IDI1).

Informant 5 response as to the importance of community

perception, said that:

In a sense, I could say in most cases, some people


feeling that way or some other people might say it is a
43

good impact but some people might say, it is not and it


depends upon the political opinion of constituents.-
(IDI5).

III. Effect or influence on the lives of legal practitioners

This research question elicits responses from the informants about the

effects or influences on their lives a legal practitioner on the incidence of

killings that had happen in Cebu City. We have come up with three (3)

emergent themes from the informants.

1. Silent Rising Fear. The informants revealed that they are no

longer handling drug related cases because of the danger and the death

threats they received.

According to Informant 3 as to how fear affected legal

practitioners said that:

Well it affects our lives, because number one I


had no longer handle drug cases. If I am given, I refer it
to my colleagues. I still value my life more. I don’t want
to see my name in their list. I don’t handle drug cases
anymore. Well, also for proprieties sake, there are also
many arguments (IDI3).

This was also supported by Informant 1 who said that:

Our profession as a lawyer, there is always a


danger, even if there was this kind of happening, when I
was handling criminal cases before, I received a lots of
death threats but because that is a part of profession
since we take an oath then we are here to follow our oath
of office as a lawyer (IDI1).
44

The informants revealed that they are not politically deterred as long

as there is no outside pressure because they are still having a family and they

value their life most.

According Informant 4, he stated that:

I am not politically deterred as long as they are


indigent and I am willing to prosecute a case just to
defend them because that is our duty as a public
prosecutor (IDI4).

In the effect of external pressure to Informant 2, he stated that:

No I’m not as long as there is no outside


pressure, I am willing to prosecute a case as a
consequences that they will increase their fee for me as
private lawyer.- (IDI2).

2. Loss of confidence. The informants revealed that because of this

state sponsored killing, sometimes it makes them lose their confidence in

prosecuting a case.

According Informant 3, he stated that:

It’s demoralizing with regard to sponsored state killings.


It’s a little demoralizing because if they went after the
big root, it might not be uh it would still be demoralizing
but not as much as what I felt now. But if you’re going
to ask me if I’m really demoralized, a little bit. Because
you know, we work hard to study the legal tenets and we
spend 14 to 16 hours a day reading while in law school.
Just to be a lawyer. We were taught to fight for what is
right, we were taught to fight for what is true, we were
taught to fight for our client. But you know the legal
principles will always tell us: you trust the process, you
go to the process (IDI3).
45

On the part of Informant 4 on his work as legal practitioner, he said:

Yes it is demoralizing proposition as lawyer with regard


to sponsored state killings that it makes you lose so
much confidence in what you are doing. We are deprive
hence often deterring action (IDI4).

Analysis of Data

Guided by the research design, we used Colaizzi's phenomenological

analysis procedure to analyze the data presented. Resultantly, we created

emergent themes that explored the informants’ views on the murder and

homicide cases in Cebu City, specifically in the South District. Each theme

is expounded on the basis of informants’ answers on their experiences and

legal practice of law in criminal litigations. The elucidation of each theme is

related to anchor the supporting theories utilized in this study.

There are three theories that were used in support to this study

namely: Differential Association Theory of Edwin Sutherland (1939) as the

anchor theory, supported by Social Control Theory by Travis Hirschi (1969)

and Behavioral Theory on Legal Ethics by Andrew Perlman (2015).

Differential Association Theory of Edwin Sutherland (1939) was used

in its applicability that through interaction with others, individuals learn the
46

values, attitudes, techniques, and motives that individuals who commit

deviant acts are influenced to do so by primary groups and intimate social

contacts. It also claims that criminal behavior is not unique to or invented

anew by individuals, but is instead learned from others. It is based on the

social environment and its surroundings, individuals and the values those

individuals gain from significant others in their social environment. It

suggests that these definitions are learned through had communication with

intimate people or groups from whom the person learns the techniques,

motivations, rationalizations and attitudes.

Differential association predicts that an individual will choose the

criminal path when the balance of definitions for law-breaking exceeds those

for law-abiding. Earlier in life the individual comes under the influence of

those of high status within that group, the more likely the individual to

follow in their footsteps.

The second theory is Social Control Theory of Travis Hirschi

(1969) which states that society puts pressure on individuals to achieve

socially accepted goals. The study explored how societal strain and stress

can lead to drug use by individuals, in particular how one's neighborhood

environment can affect their susceptibility to drug abuse. If particular

rejections are generalized into feelings that the environment is unsupportive,


47

more strongly negative emotions may motivate the individual to engage in

crime. In the Philippines, seemingly lax investigative capabilities of police

men or the statements made by the current that can incite the people in

otherwise termed as “justified killings” may loosen the internal control a

person has and leads to a person in committing a crime in the process.

In Behavioral Theory on Legal Ethics by Andrew M. Perlman (2015),

it states that the behavioral approach to ethics focuses on two elements: an

individual’s actual behavior and the psychological processes that underlie

that behavior. In contrast to viewing ethics and morality from a

philosophical perspective or as grounded in rules of conduct, behavioral

ethics explores empirically how people actually behave when they are faced

with an ethical dilemma within the context of larger social prescriptions. The

current situation of Philippine’s political and legal system and the apparent

disregard of standard procedures by some state actors is an example. As

such, it allows a comparison between the actor’s ultimate behavior and how

the actor thinks she should or would behave. This predictive measure

frequently reveals a gap between how people think they would behave and

how they actually behave. (Perlman, 2015)

Individuals should be given more prominent access to legitimate help

so as to prevent a number of individuals from being denied of their legal


48

entitlements. Positivist legal ethics theorist have primarily used this account

of the role of law to ground theories of legal ethics that see the lawyer's role

as properly directed to resolute or zealous pursuit of client legal

entitlements, and not independent assessments of the moral landscape of the

situation (Campbell, 2004).

I. Views of legal practitioners on the incidence of killings in Cebu

City

A. Positive Experiences. For the experiences of the legal

practitioners in the state and rate of killings in Cebu City.

1. Figures visible authority. “Figures visible authority” It

is featured that as the campaign against drugs had been implemented, there

is a qualified overall feeling of safety on the streets and the public always

had a solid inclination of the highly visible police force. They are stationed

everywhere in the city. In any case, when these perspectives were

investigated in more detail, it was found that individuals' apparent instinctual

response to call for more police was roused by a craving to see crime

diminished. The investigation likewise recommended that the police can

help guarantee people in general acknowledge and bolster the focusing of

assets in high need territories by drawing in them in an exchange. Audits of


49

the best proof of 'what works' in policing to diminish crime have featured

that unmistakable police watch can lessen wrongdoing, yet just in the event

that it is particularly focused to crime hotspots. A lot of people had reiterated

that if they aren't in any way involved in drugs, they are generally safe if

presumably, law enforcers are in any way involved in summary executions

of drug-related individuals.

2. Motivated to pursue justice. “Motivated to pursue

justice “This means that lawyers, act as both advocates and advisors in our

society. As advocates, they represent one of the parties in criminal and civil

trials by presenting evidence and arguing in court to support their client. As

advisors, lawyers counsel their clients about their legal rights and obligations

and suggest particular courses of action in business and personal matters.

Whether acting as an advocate or an advisor, all attorneys research the intent

of laws and judicial decisions and apply the law to the specific

circumstances faced by their clients.

B. Negative Views. For the negative views of the informants,

we used the theme:

1. Power and impunity. This means that the government

has constantly given us the feeling that they have the moral authority over

the people on legislative issues, financial aspects, foreign policy,


50

governance, national security, public safety, and graft and corruption, among

others. In any case, the organization, however, in the psyches of the

witnesses, in its battle against drugs has launched itself in an awful light as

state actors, for example, policemen together with public statements made

by the President had a recorded increase in killings during police operations.

It is a steady dread that power will be used cruelly in actualizing their laws

and justice in the streets will be predominant as they have the monopoly of

legitimate, legal violence through the military and the police.

2. Diminished moral ascendancy. Moral ascendancy

ought to be used by individuals particularly with the individuals who are in

the public office as it is where public trust resides. Utter disregard of the law

will encourage more individuals to break the law having the mindset, “if

they do it, why don’t we?” It is imperative for a government that they have a

degree of moral uprightness, of a sense of authority in that they are models

of law-abiding individuals and implementers of the law. It is necessary that

we have that in our community in order that any issues shall be resolved by a

centralized source of command or law and the people are satisfied.

Dissatisfaction from the public may arouse tribal forms of policing such as

vigilante killings that is happening today and the community courts where
51

people decide in their mock courts of what punishment is to be imposed by

an individual.

The administration should be more attentive as to the

statements released in the press as well as more regulations of the operations

conducted by state actors. It is also best that they strengthen their safety

programs in that the people feel safer for any potential criminals in the long

run

II. Insights and challenges of the informants arising from the

murders and homicide cases occurring in the city

For the knowledge and difficulties of the witnesses emerging from

the killings and murder cases happening in the city, the following themes are

presented:

1. Rumored but not yet proven. The theme “rumored but

not yet proven” was used to indicate that the incidence of killings day by

day, be it political or drug related cases are being thought immediately that

is run by our current administration through our law enforcement officers.

Since our current administration is something violent or harsh through his

advocacy, people tend to think that in every killing, there is someone who

initiated even if it is not yet proven or being investigated by the proper


52

authority. All the incidence of killings are not yet proven but in the mind of

the people nowadays has a final mindset or understanding that it is being

planned and well initiated by our current administration.

2. People’s hopelessness. The theme “people’s

hopelessness” was used to indicate that people nowadays felt hopeless on the

current dilemmas of killings in the country. It is hopeless in the sense that

the people behind these killings already violated the constitutional laws

against humanity. They must be hoping that this serves as a motivation for

people who, in the pursuit or fight against justice, wants to be part of the

solution, not a problem .Like any difficulties come to their life, they buckle

themselves down or and fight with steady strength, in this case, as lawyers

had continuously increased with thousands of bar passers everywhere. When

it is unfortunate and inevitable that hundred may go down from

assassinations, thousands will succeed them.


53

III. Effect or influence on the lives of legal practitioners

To describe the consequences or impact on the lives of legal

practitioners with regard to the killings in Cebu City, the following themes

are formulated:

1. Silent Rising Fear. “Silent Rising Fear” describes the

overall emotions and feelings experienced by legal practitioners in the

conduct of their professional job as they take on their clients’ cases along

with the responsibility and risks with it. Lawyers are also humans, and they

do fear for their life especially when faced with a bombardment of criticisms

and threats to their life when handling sensationalized ones or drug-related

cases. It does take a huge effort for the things that people do in that industry

and ways and means that they overcome their fear. By doing that, they retain

a sense of strength and control the litigation and cases they are meant to do.

There are different lawyers thought and not all have that

strength as more or less half of the lawyers faced with threats to their lives

withdraw their cases or will never handle any cases to which the threats are

subjected to. Lawyers which may be subjected to that will charge a

substantial amount of acceptance fee from the clients. For some lawyers

employed in the government, the fear is there but they don’t have the choice

to choose their cases as they are legally bound to do so, which does also
54

affect private lawyers. They reiterate that they took an oath to serve all those

who need them, and the practical fear they have and refusing to serve some

prospective clients as a violation to that oath.

2. Loss of confidence. The theme “loss of confidence”

described the feelings of legal practitioners with regard to their work and

current legal dilemmas in the country or in their area to which they are

working on. There has been an evaporation of a feeling of security and their

perception of a government that seems to not care and no longer willing or

unable to protect its citizens. There is a fear that drains their confidence in

oneself and ability to survive and do well in this new world of impunity and

killings that is prevalent in the country today. The struggle of law school and

their personal drive and motivation is what keeps them inspired and going to

work and be the best law practitioners and deliver the services they had

taken oath to do for the people or clients.


55

CHAPTER 3
SUMMARY, FINDINGS AND IMPLICATIONS

This chapter presents the summary, findings, conclusion and the

researcher’s recommendation based on the data secured through a series of

interview using interview guide and a voice recorder.

Summary

The study delved into the views of the legal practitioners on the

murder and homicide cases in Cebu City, particularly in the South District.

Specifically, the study sought to answer the following questions:

1. What are the views of the legal practitioners on the incidence of

killings in Cebu City?

2. What are the insights and challenges of the informants arising from

the murders and homicide cases occurring in the city?

3. How did the state of killings have an effect or influence on the lives

of informants and of the members of the legal community?

This study employed a qualitative phenomenological method of

research using an interview guide to acquire the perception of legal

practitioners with regard to the murder and homicide cases in the Southern

District of Cebu City.


56

The informants of this study are the legal practitioners in Metro Cebu

both from the Public Attorneys’ Office, the Provincial Prosecutors’ Office,

and private law firms located in the city. Subjected to focused individual

interviews were ten (10) participants who are member of the Integrated Bar

of the Philippines and are criminal litigation lawyers.

In conclusion, we have to understand that the legal practitioners are

directly influenced and affected of the proportionately to the rate and

prevalence of killings in the country, specifically in the area of Cebu City,

and are also one of the responsible individuals that can primarily help in the

prevention of the occurrence and commission of crime and criminality in our

society. In order to achieve this goal, they must offer their life to their work

and they must find ways in order for the programs to be surely acquired and

applied in the community. It is also of utmost important that they develop a

stronger bond and coordination with law enforcement agencies that are the

primary implementing arm that shall work on solving crime at the ground-

level and eventually upwards.

Findings

After meticulously scrutinizing and analyzing the responses of the

informants, we have created themes that addressed the sub-problems.


57

For the experiences of legal practitioners, four (4) emergent themes

were formulated corresponding to their positive and the negative views,

respectively namely, figures of visible authority, motivated to pursue justice

and power and impunity, no moral ascendancy.

For the insights and challenges of legal practitioners, two (2)

emergent themes were formulated namely, rumored but not yet proven and

people’s hopelessness.

For the effects of the experiences on the lives of informants, two (2)

emergent themes were formulated namely; silent rising fear and loss of

confidence.

Implications of the Study

Implications for Practice

This study has gathered sufficient data from the perceptions of

legal practitioners, their issues and concerns with regard to the murder and

homicide cases in Cebu City. From the salient points of interest, we have

come up to some vital suggestions and recommendation to the concerned

individuals or entities.

First, For the Local Government Units in regard to killings in Cebu

City, the proposed solutions by the researchers are: first- implement city
58

ordinances with regard to stricter requirement of every establishments of

CCTV Cameras in order that it aides police investigators easily in the event

that any incident is recorded on the aforementioned; second- institutions and

buildings should conduct sensibly stricter searches upon belongings of

visitors in order to give the highest security of occupants.

Second, for the Philippine National Police, they can conduct frequent

checkpoints and mandatory stoppage of full-faced helmet individuals that’ll

effectively hide the identity of any criminal perpetrators in the event of a

drive-by shooting; third- laws should be implemented that’ll shall raise the

price of guns in order that sale and purchase will be limited as well as

stricter background checks in the process; second- law enforcement agencies

should conduct intensified operations not just against drug-related

individuals but also to illegal gun makers that are the primary sources of

arms by criminal elements. The aforementioned can be actively proposed by

legal practitioners who have the necessary knowledge of the tenets of the

law who can draft provisions with certain clarity.

Third, together with the PNP, Philippine Drug Enforcement Agency,

National Bureau of Investigation, etc., an effective investigatory scheme that

will produce accurate and immediate results should be started by the law

enforcement e.g. in order that allegations of state-sponsored killings will be


59

debunked. In addition, cooperative mechanisms should be commenced

among these agencies to facilitate better information-sharing with regard to

criminals and investigation updates.

Fourth, in the community in connection with the Public Attorney

Office or the Public Prosecutor’s Office of the government, there should be

an information drive system through workshops and seminars that should be

conducted by the Local Government agencies as well as by representatives

from the Public Prosecutors’ Office, Provincial Prosecutors’ Office in order

to inform and educate the public of their basic rights from and obligations to

the Government. This should be of paramount importance in order that we

get the public to actively participate in legal matters in issue or in criminal

proceedings if ever they may be deemed included in accordance to particular

circumstances.

A security system should be provided for public attorneys in order

that they will be protected in their professional trips to and from the courts.

Another, we would recommend, based on the existing situation, that they are

given an anonymity system with regard to their identities for procedural

processes in drug-related cases should be conducted not in open court in

order to maintain it. Another, we recommend that an ethical test or a series

of security and background checks be conducted among any of the


60

employees, staffs, or interns in the Public Attorney’s Office, Provincial

Prosecutors Office, or any offices of the government who handles sensitive

documents or information, in order to avoid leaks to criminal elements or

misappropriation of those knowledge to the detriment of the organization or

agency.

The active participation of the government, community, and law

enforcement officers in any campaign of the government whether against

drugs, illegal firearms or many more will surely attain the nationwide

internal strength we need to curb crime and the prevalent incident of killings

that is infesting our country today.

Implications for Future Studies

To fill some gaps and areas that are now covered by this research, we

hereby recommend the following topics for future researches:

First, we recommend that an in-depth study to be conducted to the

competency of the police officers in the conduct of criminal investigations in

order to gauge their efficiency in handling the aforementioned.

Second, we recommend that an ethical test be conducted to existing

employees and interns in the Public Attorney’s Office, Provincial

Prosecutors Office, or any offices of the government who handles sensitive


61

documents or information, to detect security risks who may give leaks

against criminal elements or misappropriate knowledge obtained to the

detriment of the organization or agency. Otherwise, a research should be

conducted on the employees or staffs in a particular agency of what they

perceive of their internal organizations and the advantages and challenges

they experience while working under the said agency.

Third, an extensive research of the availability of security cameras

and other security measures with regard to each establishment in particular

areas in Metro Cebu that’ll be used strategically and as an aide for criminal

investigations.

Fourth, a research should be conducted towards news agencies, media

personnel, and staff to gain knowledge of their experiences especially those

investigative journalists that covers dangerous crimes and dangerous people

in the process. Through this also, we can gauge the legality of their sources

of information, their official reports, and the risks they take in doing their

profession.
62

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70

APPENDIX A
71
72
73

APPENDIX B

University of Cebu- Main Campus


Sanciangko St., Cebu City
INTERVIEW GUIDE & VALIDATION OF INTERVIEW
“Cebu City Murders and Homicides in the Minds of Legal

Practitioners”

We are the student researchers from the College of Criminal Justice of


the University of Cebu-Main. We are doing research on the views of legal
practitioner’s on the murders and homicides that are allegedly purported
state killings in the Philippines, particularly in Cebu City. We would be truly
grateful if you would consent in the participation of this research as an
informant. The purpose of this is to get your views as a legal practitioner.
You do not have to decide today whether or not you will participate in the
research. Before you decide, you can talk to anyone you feel comfortable
with about the research.

I. Preliminary Questions

a. How long have you been in the legal profession?


b. Are you in the active practice of law?

II. What are the views of the legal practitioners on the incidence of
killings in Cebu City?
a. Can you state how aware are you with the series of killings in
Cebu City?
b. What can you say about these series of killings that happened in
Cebu City?
c. In your personal belief, based from what you have observed and
learned, do you think that these series of killings were inspired
by the President Duterte's previous statements that he will kill
those who are involved in drugs?
74

d. Based from your observation, will you express your thoughts if


the war on drugs has something to do or has connection to the
series of killings that has happened in Cebu City?
e. Do you believe that the current administration is responsible for
the surge in killings, or at least in creating an environment in
which police and vigilantes can kill with impunity?
f. Do you think statements given by the current administration has
fortified or strengthened public opinion that the occurrence of
killings of drug personalities anywhere in the Philippines,
particularly in Cebu City, is state-initiated?
g. Do you believe that many of the killings were assassinations of
drugs users with police complicity?

III. What are the insights and challenges of the informants arising
from the murders and homicide cases occurring in the city?
a. Most media reports, particularly in Cebu City, say that many
deaths that were reported to be drug-related are not solved by
the police, meaning, their investigations did not lead to
identification of suspects. As a legal practitioner, what can you
say about police efficiency in handling death investigations in
Cebu City?
b. As you may have observed and probably experienced in
handling cases, can you describe police competence in handling
murder and homicide cases in Cebu City?
c. Do you think people have this feeling of hopelessness in
murder and homicide cases due to the existing issues of police
complicity in the aforementioned cases?
d. Can you elucidate from your point of view as a legal
practitioner what factors highly affect the police handling in
death investigations in Cebu City?
e. The series of killings in Cebu City and other parts of the
Philippines from 2016 until at present is continuously rising,
will you please describe the effects of this state killings to the
rule of law and overall public order in the city?
75

f. In your experience as a legal practitioner, do you consider these


series of killings as an insult to the rule of law? Do you think
these are state-sponsored?
g. What are the implications that these cases entail to the
government and the public?
h. Do you think we are experiencing a legal crisis with regard to
the current administration's policies and the current state of war
on drugs?
i. What do you think is the role of the government in the increase
or decrease of murders or homicides in the country?
j. What do you think of the effectiveness of the government in
creating safer communities or in delivering community crime
prevention action in dealing with cases of killings?

IV. How did the state of killings have an effect or influence on the
lives of informants and of the members of the legal community?
a. As a legal practitioner, can you describe how these states of
killings in Cebu City affect your life as a legal practitioner or
the lives of other legal practitioners?
b. As a lawyer, are you sometimes deterred from pursuing
politically charged cases of murder?
c. Do you believe that the recent targeting of lawyers is
unattractive to many young Filipino lawyers because of the
dangers?
d. Is it true that the current administration's refusal to thoroughly
investigate the spate of killings across the country have
undermined many lawyers' faith in much of the government?
e. Is it a demoralizing proposition as lawyer?
f. In so far as your practice or your being a lawyer, do you believe
that the state of killings in Cebu City has affected your practice
or those others who are actively in the legal practice?
76

VALIDATION OF INTERVIEW GUIDE


77
78
79

APPENDIX C

LOCATION MAP

CEBU CITY, CEBU, PHILIPPINES

PRIVATE LAW FIRMS IN CEBU CITY, CEBU, PHILIPPINES


80

APPENDIX D

SAMPLE TRANSCRIPT OF INTERVIEW

Interview Guide Questioners

University of Cebu Research Office


(032) 255 - 7777 local 183

Informant # 1

I. Preliminary Questions

a. How long have you been in the legal profession?


 From 1995 until at present, I’d say 23 years
b. Are you in the active practice of law?
 Yes

II. What are the views of the legal practitioners on the incidence of
killings in Cebu City?
a. Can you state how aware are you with the series of killings in Cebu
City?
 I am, judges are killed, murdered, lawyers are also
murdered

b. What can you say about these series of killings that happened in Cebu
City?
 It is very unfortunate, whether it is state sponsored or
somebody else, the fact is unfortunate that this incidents
are happened.

c. In your personal belief, based from what you have observed and learned,
do you think that these series of killings were inspired by the President
Duterte's previous statements that he will kill those who are involved in
drugs?
 Could be, we cannot say conclusively
d. Based from your observation, will you express your thoughts if the war
81

on drugs has something to do or has connection to the series of killings


that has happened in Cebu City?
 Well, those who are killed are connected with drugs so you
read between the lines.

e. Do you believe that the current administration is responsible for the


surge in killings, or at least in creating an environment in which police
and vigilantes can kill with impunity?
 Well, if this happened during this administration, if they
cannot stop that or, minimize it and probably then must be
responsible.

f. Do you think statements given by the current administration has fortified


or strengthened public opinion that the occurrence of killings of drug
personalities anywhere in the Philippines, particularly in Cebu City, is
state-initiated?
 Well, public perception it is, because it is related to drugs
and all those who were killed are murdered are all drug
related so somehow people believe that is really state
initiated or responsibility of the state.

III. What are the insights and challenges of the informants arising from
the murders and homicide cases occurring in the city?
a. Most media reports, particularly in Cebu City, say that many deaths that
were reported to be drug-related are not solved by the police, meaning,
their investigations did not lead to identification of suspects. As a legal
practitioner, what can you say about police efficiency in handling death
investigations in Cebu City?
 Well, if they are unable to solve it, probably incompetent
b. As you may have observed and probably experienced in handling cases,
can you describe police competence in handling murder and homicide
cases in Cebu City?
 Well, they have to back to school. Well, if you cannot solve
it, then you are part of the problem, if you are part of the
problem, then that's critical
82

c. Do you think people have this feeling of hopelessness in murder and


homicide cases due to the existing issues of police complicity in the
aforementioned cases?
 Well, that will be the result if the situation will continue,
meaning to say, people will no longer trust the police,
people will lost trust of the institutions. The logo of the
police is to serve and protect now, if people no longer feel
served and protected then that institution which all to serve
and protect must probably been abolish

d. The series of killings in Cebu City and other parts of the Philippines
from 2016 until at present is continuously rising, will you please
describe the effects of this state killings to the rule of law and overall
public order in the city?
 Well, it says chilling effect to the people, well people do not
believe the institution of governments, the pillars of justice?
Why? because people resort to killing as ultimate solution
and the other parts of justice system will no longer be
working like people will no longer trust the police, because
there is no arrest on the killing, like people will no longer
trust the prosecutors because there will be no prosecution
to be done the killing like people will no longer trust the
justice system because it will no longer go to the court, it is
only about killing like people will no longer trust penology
because no inmates will be detained so there is no
conviction, only killing ,so, meaning to say there is a
shortcut of the proceedings now, if there is a shortcut of the
proceedings who will judge the judges, who will judge the
executionist, who will judge those who will implemented on
what is believe to be on what they are trying to implement,
so, meaning to say it really affects on our belief on our
justice system, it affects the pillars of justice, if there is a
shortcut then there is a danger and the pillars will
collapsed and there is chaos and if there is chaos there is
anarchy
83

e. In your experience as a legal practitioner, do you consider these series of


killings as an insult to the rule of law? Do you think these are state-
sponsored?
 Whether it is state sponsored, in a commission of crime,
there is what we call the commission by omission and
commission by negligence or crime by omission if the act is
happening and continue to happen and abated, then in all
prospective state is committing a crime, and if state
commits a crime, then they should responsible and they
have to answer that.
f. What are the implications that these cases entail to the government and
the public?
 At the end of the day, there will be a chaos because they
can no longer have the moral ascendancy of implementing
the law because what is law after all, the criminals and the
police are place on the same level ,well, they believe that
some police committing it making shortcuts so what are
their difference from the common criminals? They are just
criminals, so, if there is no distinction then there is anarchy
in government.

g. Do you think we are experiencing a legal crisis with regard to the current
administration's policies and the current state of war on drugs?
 There is no crisis because there is no law to follow, it is
only killing. Crisis will appear when there is contradicting
points of law, if none, it is only death.

h. What do you think is the role of the government in the increase or


decrease of murders or homicides in the country?
 Like I said, A crime is committed by intent, omission and
negligence, now if it is not, then there is a state government
sponsored and if the act is continue to happen aggravated,
then either it is negligent or committed a single omission,
meaning they have to address this problem however there
might be some or to some degree, drugs are people to
afraid, then will use it as their advantage.
84

IV. How did the state of killings have an effect or influence on the lives
of informants and of the members of the legal community?
a. As a legal practitioner, can you describe how this state of killings in
Cebu City affect your life as a legal practitioner or the lives of other
legal practitioners?
 A lot of lawyers will no longer handle drug related cases if
they will handle, probably there will be an increase of
acceptance fee because our life will be in danger.

b. As a lawyer, are you sometimes deterred from pursuing politically


charged cases of murder?
 Our profession as a lawyer, there is always a danger, even
if there was this kind of happening, when I was handling
criminal cases before, I received a lots of death threats but
because that is a part of profession since we take an oath
then we are here to follow our oath of office as a lawyer.

c. Do you believe that the recent targeting of lawyers is unattractive to


many young Filipino lawyers because of the dangers?
 Like any difficulties come into your life, they tackle down
or fight strength, lawyers are increasing, thousands of bar
passes everywhere, so there is always a decrease in
number. If one fail, hundred will come.

d. Is it true that the current administration's refusal to thoroughly


investigate the spate of killings across the country have undermined
many lawyers' faith in much of the government?
 Lawyers are part of the government, they are supposed the
preachers of law and justice so we are part of governance
so we cannot undermine governance, we will always go
back and respect the rule of law.

e. Is it a demoralizing proposition as lawyer?


 So far, it is not, everyday, there will be a new case coming
85

on, as long as they do not agree among themselves.

f. In so far as your practice or your being a lawyer, do you believe that the
state of killings in Cebu City has affected your practice or those others
who are actively in the legal practice?
 There is always the advantage and disadvantage in
everything, and I must say that with our current situation, it
has greatly affected us in terms of our workloads, risks, and
also certainly with our personal lives.
86

APPENDIX E

FORMULATION OF CORE MEANINGS

Significant Statements Formulated Meaning


I. What are the views of the legal practitioners on the incidence of killings in Cebu City?
a. Can you state how aware are you with the series of killings in Cebu City?

 Informant 6- . I am aware since most killing appears on the Awareness of the killing incidents is through publication in the
newspaper newspapers. –FM6

Lawyers are now being killed especially when handling drug related
 Informant 2- Yes, I am aware, judges are slaughtered, cases. – FM2
killed, legal counselors are too killed

 Informant 3- I am aware considering that I listen to the news Awareness of the killing incidents is through watching the news in the
every day. Not just with the news, but since I am government television and the perks of being government employed. –FM3
employed, I think I know some of the killings

b. What can you say about these series of killings that happened in Cebu City?
 Informant 1-It is very unfortunate, whether it is state sponsored Killing incidents happened whether it is state sponsored or not, it is very
or somebody else, the fact is unfortunate that this incidents are unfortunate for them who handle drug related cases. –FM1
happened.

 Informant 4-What I read from the newspaper about the killings, The killing incidents happened in Cebu City are most likely drug related
if it is not about politics, it is related to drugs. cases and less it is about politics. –FM4

 Informant 3- Well, this is really a transgression of what is legal Anyone who are being alleged in the involvement of drug related
activities are not given such rights to be heard, thus the constitutional
considering that there is a constitutional presumption of
rights of a person are now violated since they are immediately killed. –
innocence. The constitution provides that all persons must be FM3
presumed innocent until proven otherwise. Now these killings,
they have been saying that these are personalities related or
with drug involvement. Sure if there is an involvement in
drugs, but we have to put them into trial. And now its injustice
that they are taking matters into their own hands by killing
these people. So, to be very blunt about it if you’re asking me,
are these killings sponsored by the police? My answer is a
resounding yes.

c. In your personal belief, based from what you have observed and learned, do you think that these series of killings were inspired by the
President Duterte's previous statements that he will kill those who are involved in drugs?
 Informant 5-Maybe, maybe not, when you say inspired, it If the series of killing incidents happened in Cebu City are inspired by
depends on the audience, persons and of course as a police the statement of our current administration, then they are just following
officer, they have to follow orders by their superior like their the order of their superior. –FM5
chief but if it is committed by individual, then they really have
an intentions.

 Informant 1-Could be, we cannot say conclusively


Yes, it is inspired but we cannot say this conclusively since
investigations is ongoing.–FM1
 Informant 4-I really don't know, based on the news, it's either The person behind the killings is either drug syndicates or certain police
drug war against drug groups or a certain police officer, it's too officer who are just following order from their superior. –FM4
early or unfair to pinpoint to the president

d. Based from your observation, will you express your thoughts if the war on drugs has something to do or has connection to the series of
killings that has happened in Cebu City?
 Informant 1- Well, those who are killed are connected with People who are involved in drug related activities are being killed as
drugs so you read between the lines. inspired by our current administration. – FM1

The community have always put in their mind that every time they heard
 Informant 2 - Well, those who news about killing in Cebu City by an unknown person, they will already
87

are slaughtered are associated with drugs so conclude that that person is associated with drug related activities. –FM2
you examined between the lines.

There is no hesitation that the series of killings happened in Cebu City


are state sponsored. –FM3
 Informant 3- Well it’s hard of me to express my thoughts,
publicly, because if I am merely a private litigator or private
practitioner, I can express those thoughts. Considering the fact
that I am also with the government, there’s somewhat of a
hindrance for me to express my thoughts. But, in cases like this
or in situations like this one that you’re being interviewed for
school work, in this I will not be afraid to express my thoughts.
I say that these are sponsored killings by the police officials.
e. Do you believe that the current administration is responsible for the surge in killings, or at least in creating an environment in which police
and vigilantes can kill with impunity?
 Informant 2- Well, in the event that this The current administration is the responsible of these killing so the
happened amid this organization, in the event that they government must take an action for this to stop or to minimize. –FM2
cannot halt that or, minimize it and likely at that point must be
responsible.

 Informant 8-yes, definitely because the illegal problem is not Police actions are needed since the series of killing that had happened in
only scripted has affected in Cebu City and even if the Cebu City is now being prevalent. Not just police actions but community
president has made known his stands involving illegal participation may take part to solve this problem especially this war on
activities, his war on drugs, you can still see that the problem drugs. –FM8
of drugs are still prevalent in our city, that we have to do is to
maybe more police actions and then community participation.
If we have relatives, friends, we can ask help we can help them
in rehabilitation and convince them to stop the use of illegal
drugs so this is not only to police matter, it is also health
problem because majority here are not sellers, they are users
so, if there is a way how to give them alternative from these
and giving them jobs, so the approach here is not only in law
enforcement but also give them livelihood, giving them help to
rehabilitation, maybe we can improve the situation.

 Informant 3- Not just the pronouncement of the president that


he will kill those in drugs but even the earlier statements of the
president while he was still a candidate that he will pardon
those police officials who will drug addicts. So yes, were they
inspired by the president? Yes, they were inspired by the
President.
The current administration’s statement that he will kill those who are
involved in drugs are not only being pronounce when he is now the
president but it was during his candidacy, thus all of these killings are
inspired by him. –FM3
f. Do you think statements given by the current administration has fortified or strengthened public opinion that the occurrence of killings of
drug personalities anywhere in the Philippines, particularly in Cebu City, is state-initiated?
Informant 2- Well, in the event that this The government itself must be responsible in stopping or minimizing the
happened amid this organization, in the event that they cannot halt that or, killing incidents because later on this will create anarchy to the state or to
minimize it and likely at that point must be responsible. the community. –FM2

Informant 3- Well it’s hard of me to express my thoughts, publicly, Police officials who are just following the order of their superior are the
because if I am merely a private litigator or private practitioner, I can one who are responsible behind these killing that had happened in Cebu
express those thoughts. Considering the fact that I am also with the lately and for the upcoming days since they are involved of such drug
government, there’s somewhat of a hindrance for me to express my related activities. -FM3
thoughts. I say that these are sponsored killings by the police officials.

Informant 8-I do not think that this is just now that the during the
administration of president Duterte, even before during the previous The series of killings that had happened in Cebu City is not new to the
administration there are also killing but, these are highlighted now because residents because even before killings are being prevalent and it is just
the president is very vocal in his anti-illegal drugs campaign, so sometimes today that these incidents are highlighted because the current
it is a question of perception and media attention. If you recall inquirer or administration is very vocal and serious of his war on drugs campaign. –
some social media sites like Rappler they have close death counts and these FM8
were not or they have no death counts before, not so much on illegal drugs
but there are also killings, the problem now is the media because, they are
focused on killings and connect it to illegal drugs, that is really the problem
because you’ll never know if these persons involved in illegal or maybe if
ever they are involved in illegal drugs, who are targeted, we’ll never know
if its drugs syndicate who are doing this and usually police will face a blank
wall in solving these drug related killings for lack of a operation among the
community, you all know that accusation or allegation is not always the
truth because you need evidence, you need testimonies of witnesses so even
if you changed somebody with those incident, if you lack witnesses you
don’t have credible witnesses. You cannot get on conviction and we can
never have answer to our questions. We go to court to seek answer to know
88

the truth.
g. Do you believe that many of the killings were assassinations of drugs users with police complicity?
Informant 1- Well, whether or not that is state initiated, when there is The government must not only take part during the series of killing but
killing, even if it is just one, two or more than that, so the government must also if it just one or two killing incidents because this will create fear,
or should be responsible. panic and chaos to the society or the community. –FM1

All of these killings are in the hands of our current administration and it
Informant 3- Do I believe? Yes, that is in the hands of the president. is because that they are involved in illegal drugs activities. –FM3

The murder and homicide cases that had happened in Cebu City are state
initiated and the City government must take part of these incidents. –
Informant 2- Well, whether or not that's state initiated, FM2
when there's murdering, indeed on the off chance that it is fair one, two or
more than that, so the government must or ought to be responsible.

II. What are the insights and challenges of the informants arising from the murders and homicide cases occurring in the city?

a. Most media reports, particularly in Cebu City, say that many deaths that were reported to be drug-related are not solved by the police,
meaning, their investigations did not lead to identification of suspects. As a legal practitioner, what can you say about police efficiency in
handling death investigations in Cebu City?

 Informant 1-Well, they have to back to school If they are incompetent during investigation, they have
to attend more trainings in order for them to be efficient
as a police investigator.-FM1
 Informant 5- If we will try to look at, even before police complicity is already a
problem before until now, it is always a big question, police officers are
highlighted now because they are motivated by the president to such things

There are cases that most police officers will no longer


 Informant 3- Forgive me but I have a lot of police officers who are my friends investigate because of their sense of brotherhood of
but what can we do. You have to understand, you’re entering the police force their cabaro, that is why they have poor investigations
and if they have poor investigations then they are
soon, there’s a sense of brotherhood there. You cannot investigate your own
inefficient police officers.-FM3
cabaro. If you’re going to ask me, yes they are efficient with all due respect. But
with the killings, they did have poor investigations. I don’t blame if people say
they don’t believe in the police anymore and they go to the NBI.

b. As you may have observed and probably experienced in handling cases, can you describe police competence in handling murder and
homicide cases in Cebu City?
 Informant 1-Well, if they are unable to solve it, probably incompetent They are likely incompetent because they are behind of
these killings, they will left hanging those cases and that
makes them inefficient police officers.-FM4
 Informant 4-Well, most of my experience in cases of murder and homicide, the
police participation of arresting the alleged suspect, there efficiency is base on
how they arrest or they only rely on eye witness or material witness so There are police officers who are competent but there
physically the police will merely rely on that. are some who are not, they need to study more and
undergo trainings to solve cases during investigations.-
 Informant 5- Of course, they are competent, they have taken their oath, they FM5
have enrolled, they have studied and there is their profession. However, when
we talk about competent, it is a case to case basis we cannot generalize, it
depends upon the particular place

c. Do you think people have this feeling of hopelessness in murder and homicide cases due to the existing issues of police complicity in the
aforementioned cases?
Informant 5- In a sense, I could say in most cases, some people feeling that way or some Due to the existing issues of police complicity in the
other people might say it is a good impact but some people might say, it is not and it depends murder and homicide cases, most of the people felt this
upon the political opinion of constituents. way because these incidents is not normal in our
society and there are so many constitutional rights
violated.-FM5
Informant 1- Well, that will be the result if the situation will continue, meaning to say, people
will no longer trust the police, people will lost trust of the institutions. The logo of the police These incidents is more likely continuously rising and
is to serve and protect now, if people no longer feel served and protected then that institution aggravated, people will totally felt of hopelessness
which all to serve and protect must probably been abolish because the justice system today are now controlled
by our current administration and somehow it is not
Informant 6- Maybe if it comes the accused but for the offended party, it is not beneficial for working.-FM1
them

The offended party is somehow unfortunate for this


matter but for the accused, they have to enjoy police
complicity because this will lead them for dismissal.-
FM6
d. Can you elucidate from your point of view as a legal practitioner what factors highly affect the police handling in death investigations in
Cebu City?
89

Informant 5-Maybe, it is because of specific reason, because of lack The factors affecting police officers in handling death
of personnel, their technology, sometimes leadership skills, they are investigations are lack personnel, leadership skill, and
not really advance unlike the highly industrialized country in US lack of communication. In this matter, investigations
and also communication. Even with the war on drugs and the high will not likely solve due to this matter. Police officer
rate of killings these days, allegedly committed by some law must be competent to be more efficient officers.-FM5
enforcers, we can’t deny their increased presence on the streets has
also increased the feeling of security for us civilians…

Informant 1-. At the end of the day, there will be a chaos because they can no longer have the
moral ascendancy of implementing the law because what is law after all, the criminals and The factors affecting police officers in handling death
the police are place on the same level, well, they believe that some police committing it investigations can create of having no moral ascendancy
making shortcuts so what are their difference from the common criminals? They are just of implementing the law Criminals and police officers
criminals, so, if there is no distinction then there is anarchy in government. are on same level of action.-FM1
Informant 2- Because on the off chance that there's a conclusion of this lawful emergency at
that point particularly this is often since of the components, issues emergency that have been
raised by our display organization and each organization encountering legitimate crisis.

Informant 9- the increasing incidence of killings in our city brought


out lots of effort from the government especially the deployment of
more officers out on the street Police officers must responsible of their action in any
aspect because they are one of the most easily seen in
Informant 10- I do believe that the police are doing as much as they the community. Their poor investigations can affect in
can, even when they lack the skills, I mean some, to solve crimes, the eyes of the community and to the pillars of our
it’s a good thing they do something preventive of this by happening justice system.-FM2
like going out on patrol especially at night –I10

e. The series of killings in Cebu City and other parts of the Philippines from 2016 until at present is continuously rising, will you please
describe the effects of this state killings to the rule of law and overall public order in the city?
 Informant 1-Whether it is state sponsored, in a commission of crime, there is The killing incidents continuously rising and some of
what we call the commission by omission and commission by negligence or these cases are not being solved, it is literally and insult
crime by omission if the act is happening and continue to happen and abated, to the rule of law, thus it will create of having no public
order.-FM1
then in all prospective state is committing a crime, and if state commits a crime,
then they should responsible and they have to answer that.

Informant 5-Yes, the effect is the widespread panic to the people or ordinary people that is
why we are trying to be vigilant.
The continuous rising of killing incidents happened in
Cebu City create fear to the community because people
Informant 8-I have to get the exact numbers compare it to previous year, if there are really an who are behind in the drug related cases are
increase, if you based it on what particular year until present, so I don’t have any data on that, immediately killed without the due process of law.-FM5
assuming that there is an increase or continuous killings that continuously rising. Well it is a
concern because that is not a normal in a society. We do not see people being killed on the
streets or the public or this perpetrator responsible for this killing are not go to justice, so this There is really an increase number of killings and it is
is a public safety concern. Now as to the rule of law, whether it is an insult to the rule of law, one of the main concern to our society because in the
I could say yes because the reason is the faith in our justice system. A delay justice system, first place it is not normal and there are so many rights
there is a perception and it could be better to have this person killed as a form of revenge to be claim are violated.-FM8
instead of going to court and secure the conviction of this person, so not necessarily drugs
cases, the police right now are really prosecuting, they are investigating the arresting people
in illegal drugs so I don’t think it’s a question to police that they are, or do not have trust
anymore, maybe it is a perception of how long, how it take for justice to be served so that is
an insult because of that
f. In your experience as a legal practitioner, do you consider these series of killings as an insult to the rule of law? Do you think these are state-
sponsored?
Informant 1-Well, it says chilling effect to the people, well people do not believe the The community are no longer have their trust to the
institution of governments, the pillars of justice? Why? because people resort to killing as police officer who are the enforcer of the law because
ultimate solution and the other parts of justice system will no longer be working like people they themselves are violator and to some effect people
will no longer trust the police, because there is no arrest on the killing, like people will no will no longer trust the pillars of our justice system
longer trust the prosecutors because there will be no prosecution to be done the killing like because the integrity are now vanished.-FM1
people will no longer trust the justice system because it will no longer go to the court, it is
only about killing like people will no longer trust penology because no inmates will be
detained so there is no conviction, only killing ,so, meaning to say there is a shortcut of the
proceedings now, if there is a shortcut of the proceedings who will judge the judges, who will
judge the executionist, who will judge those who will implemented on what is believe to be
on what they are trying to implement, so, meaning to say it really affects on our belief on our
justice system, it affects the pillars of justice, if there is a shortcut then there is a danger and
the pillars will collapsed and there is chaos and if there is chaos there is anarchy

Informant 6-Yes, definitely

Informant 8- Now as to the rule of law, whether it is an insult to the rule of law, I could say
yes because the reason is the faith in our justice system. A delay justice system, there is a
perception and it could be better to have this person killed as a form of revenge instead of
going to court and secure the conviction of this person, so not necessarily drugs cases, the
police right now are really prosecuting, they are investigating the arresting people in illegal
drugs so I don’t think it’s a question to police that they are, or do not have trust anymore,
maybe it is a perception of how long, how it take for justice to be served so that is an insult The incidents of killings in Cebu City are definitely
because of that state sponsored.-FM6
90

The series of killings totally insult to the rule of law


because aside from constitutional rights that are being
violated, it lessen our faith to the justice system because
not all offended party claim justice.-FM8
g. What are the implications that these cases entail to the government and the public?
Informant 8.Maybe, when you say implications on these killings, this kind of situation, it is In the eyes of the international community, it really the
really the state who are responsible in the eyes of the international community. There are state who are responsible for these incidents that is why
killings, it gives a negative, it’s a black eye to the Philippines whenever we are, we cannot the government reactivated an inter agency task force
solve this extra illegal killings so that’s why the president, secretary of justice, we activated who are composed of NBI, DND, Police and DILG to
this inter-agency task force because there are concerns they have been called out by the solve this extra legal killings.-FM8
European community at the UN regarding this extra illegal killing so eventually it is the
government will have to address this problem

Informant 3. It somehow builds a culture of impunity. That it’s okay to be violent. That
somehow it’s becoming a norm that it’s okay or it would be normal that someone would be The series of killing build a culture impunity to the
dead. extent that the moral standard of the behavior and in the
implementation of law are not followed.-FM5
Informant 5-. It has double impact of negativity. If it is a negative, it is an insult of the law.
You can never question the public opinion of other cause because we have the right of The implications entail to the government is the double
freedom. impact of negativity to the state and to the community.-
FM5

h. Do you think we are experiencing a legal crisis with regard to the current administration's policies and the current state of war on drugs?
Informant 4- I don't think there is no a legal crisis, putting the law in the hands of the people There is no legal crisis because it is still the same fact,
whom performs the killing. There is only legal crisis if the culprit was brought to justice penalty, and it is the same law. We are not experiencing
system and the justice system did not served for the victim, so far it is not yet happens. legal crisis.-FM4
Informant 2- There's no crisis since there's no law to take after, it is only
killing. Emergency will show up when there's negating focuses of law, on the off chance
that none, it is as it were death. There is no legal crisis after all because it is still the
Informant 6-No legal crisis, having different penalty but the same of fact. No legal crisis same law being followed. -FM2
because there is no implications but same of concept

There is no legal crisis happened because it is still the


same concept of used by the judicial system. -FM6
i. What do you think is the role of the government in the increase or decrease of murders or homicides in the country?
Informant 4-Well, as for the government, if they will show their effectiveness in identifying The government must exert effort in identifying and
the culprits, then it will decrease the member of killing incidents. apprehending those culprits so that they will serve their
penalty and the justice will be served to the offended
Informant 8- Every action or policy has its own limitation so this is what the government party.-FM4
facing, if you have to go to the bottom, if that barangay gas a problem on illegal drugs, the
people in the barangay doesn’t help the police to suppress the problem of illegal drugs. To suppress the killing incidents, the barangay in the
community as form part of the community must be
Informant 2-. Like I said, A wrongdoing is committed by expectation, omission responsible and help to have an easy apprehension of
and carelessness, presently on the off chance that it isn't , at that point there's a state those who are involved in drug activities.-FM8
government supported and on the off chance that the act is proceed to happen exasperated, at
that point either it is negligent or committed a single exclusion, meaning they got to address The role of the government is very broad and the
this issue be that as it may there can be a few or to a few degree, drugs government itself cannot solve this cases without the
are individuals to perplexed, at that point will utilize it as their advantage. assistance of the community. Police actions, community
participation and the government must work together to
solve this incidents.-FM2
j. What do you think of the effectiveness of the government in creating safer communities or in delivering community crime prevention action
in dealing with cases of killings?
 Informant 8- So the effectiveness of government policy is an aim to create safety The effectiveness of the government must be dependent
to the public of their communities so it is necessary dependent on cooperation of to the police actions and community participation. They
the people. You a can have as policemen in every person in the community it must bind each other to create a safer place and
comes in the community. The problem is we have that fear because you can put harmony.-FM8
into danger. Drugs have been highlighted because it is being vocal by the
91

president.

 Informant 1- Like I said, A crime is committed by intent, omission and


Dug related cases are no longer being handled by the
negligence, now if it is not, then there is a state government sponsored and if the
lawyers because of the risk they may encounter,
act is continue to happen aggravated, then either it is negligent or committed a government must take part so that the accused must be
single omission, meaning they have to address this problem however there might punished on whatever illegal activities he/she may
be some or to some degree, drugs are people to afraid, then will use it as their involved and the offended party can claim justice.-FM1
advantage.

 Informant 3- Right here I’ll tell you that think of the drug problem as a plant.
You will never kill the plant if you don’t go after its roots. Even you go after the
Drug related cases is one of the most problem in the
roots ,if you don’t kill the main roots the plant will still be alive. Even if you cut
society right now but for the current administration, he
the small roots, it will grow again. The government are just cutting the roots by
is just taking the leaves by killing those criminals who
killing these criminals, they’re merely taking away the leaves.
are involved in drugs but leaving behind those roots
who are main problem and the source of all illegal
activitites.-FM3

III. How did the state of killings have an effect or influence on the lives of informants and of the members of the legal community?

a. As a legal practitioner, can you describe how this state of killings in Cebu City affect your life as a legal practitioner or the lives of other
legal practitioners?
Informant 1-A lot of lawyers will no longer handle drug related cases if they will handle, The informant says that considering the degree of
probably there will be an increase of acceptance fee because our life will be in danger. danger they’ll get into, they will demand a larger sum
of acceptance fee from the prospective client. –FM1
Informant 2- A parcel of attorneys will not handle sedate related cases in the event that they
will handle, likely there will be an increment of acknowledgment expense since our life will be The informant, a private attorney, stated that certain
in danger. compensation will be charged upon the client for the
risks they take in handling drug-related cases. –FM2
Informant 3-Well it affects our lives, because number one I had no longer handle drug cases. If
I am given, I refer it to my colleagues. I still value my life more. I don’t want to see my name in The informant says that he totally avoids handling
their list. I don’t handle drug cases anymore. Well, also for proprieties sake, there are also many drug-related cases to ensure his safety. –FM3
arguments.
b. As a lawyer, are you sometimes deterred from pursuing politically charged cases of murder?
Informant 1-Our profession as a lawyer, there is always a danger, even if there was this kind of The informant says that he is not stopped from
happening, when I was handling criminal cases before, I received a lots of death threats but handling these cases because the threat to life or the
because that is a part of profession since we take an oath then we are here to follow our oath of corresponding dangers are normal parts of their job as
office as a lawyer. lawyer. –FM1
Informant 4-Maybe, if I have a family but if there's no one who could help the victim then why
not if I am a private lawyer but as for government, we are obliged to serve people as long as The informant stated that the option of not pursuing
they will prove that it is meritorious and they are indigent. those cases are only available for private practitioners.
For him, a public attorney, he is obliged to take all the
Informant 8-As long as there is no outside pressure, we will prosecute cases regardless of who cases handed to him. –FM4
are involved because it is mandated of our office as prosecutors either drugs, homicides,
murders, we cannot choose our cases. The informant, as a prosecutor, stated that as long as
no outside interventions are given to him, he shall be
willing to prosecute any cases that is provided for
whether it be murders, drugs, etc. –FM8

c. Do you believe that the recent targeting of lawyers is unattractive to many young Filipino lawyers because of the dangers?

Informant 8-Well, it will give a second thought who are involved in criminal litigation, to thin The informant said that lawyers handling criminal
that it will discourage them of being lawyers because in the field of law, we can choose our cases are more susceptible to the dangers, and an
profession so in criminal litigation, again you can choose in handling cases but if you can’t, you aspiring lawyers can avoid that by choosing other
can refer him/her to other lawyer. I don’t think it has effect. fields to pursue in the practice of law. –FM8

Informant 2-Like all challenges comes into your life, they buckled down or
fight quality, attorneys are expanding, thousand of bar passes all over, The informant says that the profession is still in high
so there's continuously diminish in number. In the event that one fizzled, hundred will come demand considering that there are thousands of Bar
takers every year. –FM2
Informant 3-You say unattractive? Not necessarily. They still got, uh I went to my alma mater
at USC law two to three weeks ago, and they said that their population reached over a thousand
law students. During my time, mine just reached over 600 students. It almost doubled. I The informant expressly stated that lawyering is still a
remembered my batch roughly, almost 300 mi first years and 60 of us who graduated. I don’t very lucrative profession and not in any way
think it’s unattractive, being lawyer is still a lucrative profession. diminished just by the dangers presented to the job. –
FM3

d. Is it true that the current administration's refusal to thoroughly investigate the spate of killings across the country have undermined many
lawyers' faith in much of the government?
Informant 6- It doesn’t undermined many lawyers faith and I didn’t remember that the The informant states that there is no evidence of state-
government refuse to investigate the killing sanctioned refusal to investigate the killings by the
92

Informant 8- I will disagree because there is investigation made as long as there is a complaint, government. –FM6
so there is no complainant, there is no investigation too, how to investigate without witness,
strong evidence. I cannot agree on this refusal to thoroughly investigate The informant says that the investigation of cases is
Informant 4- I cannot answer this because I don’t have the knowledge that the government highly dependent also with the participation of the
refuse to investigate, the police officer must investigate especially to the death of lawyers. people in the community who’ll file a complaint and
stand as a witness in criminal litigation. If they are not
available, the police or the prosecution cannot proceed
with the cases. –FM8

The informant stressed that there is no evidence the


government is refusing to investigate but also
highlighted proper police work should be done in
death investigations. –FM4
e. Is it a demoralizing proposition as lawyer?
Informant 1-yes Informant is affirmative of the proposition. –FM1

The informant, a private attorney, concedes with the


Informant 2- Definitely statement. –FM2

The informant expressed his discouragement,


Informant 3- It’s demoralizing with regard to sponsored state killings. It’s a little demoralizing especially if the killings will be proven to be state-
because if they went after the big root, it might not be uh it would still be demoralizing but not sponsored, with the fact that this is utter disregard of
as much as what I felt now. But if you’re going to ask me if I’m really demoralized, a little bit. the law and an insult to them who studied and
Because you know, we work hard to study the legal tenets and we spend 14 to 16 hours a day practiced the law as a profession. –FM3
reading while in law school. Just to be a lawyer. We were taught to fight for what is right, we
were taught to fight for what is true, we were taught to fight for our client. But you know the
legal principles will always tell us: you trust the process, you go to the process.
f. In so far as your practice or your being a lawyer, do you believe that the state of killings in Cebu City has affected your practice or those
others who are actively in the legal practice?
Informant 1- As far as in the prosecution, we have been prosecuted cases, we have been The numerous cases they have to handle that are drug-
investigating so many drug cases even until to court surrender. So as a prosecutor we cannot related has affected their personal lives with regard to
when on what to prosecute cases but it is subject to the rink of our lives, of course, there is risk the risks that they are exposing themselves as well as
and you’ll never know that it is a group of big syndicates. No lawyer could say guarantee but the system to which they work when courts are bound
all in all it affects my practice and for the others. to surrender due to pile ups. –FM1

Informant 2- So distant, it isn't regular, there will be a modern case coming on, as long as
they don't concur among themselves. The lawyer means that people seldom or are reluctant
to seek help legally at present due to existing issue of
ineffectiveness of our CJS. Its not regular, considering
that people most often do depend on the law to have
their grievances settled. –FM3

Informant 3- I can’t say that, I work for the government. If you’re going to ask me if I have Politically, the informant is inclined to think that the
faith in the government, the answer is yes. But if you’re going to ask me about faith with the people who run the government has dwindled the faith
people running the government, it’s dwindling. The government and the people running the of the people in them due to the issues surrounding the
government are two different things. The government and the president are two different things. present administration. On the other hand, he, in a
conservative statement as a public employee, has
much faith for the future of the government, but not
the people running it. –FM3
93

APPENDIX F

DEVELOPMENT OF CLUSTER THEMES

Emergent Themes
Formulated Meanings Cluster Themes
I Awareness of the killing incidents is through publication in the Killings can comprise of anyone i. Blue Bloods in View
newspapers. –FM6 involving lawyers, political
figures, and any persons, ii. Power with impunity
Lawyers are now being killed especially when handling drug related especially drug-related.
cases. – FM2 iii. If it no go so, it go near
so
Awareness of the killing incidents is through watching the news in the
television and the perks of being government employed. –FM3 iv. Practical Fear

Killing incidents happened whether it is state sponsored or not, it is very The campaign against drugs of v. Lawyering a lucrative
unfortunate for them who handle drug related cases. –FM1 the present administration plays a profession
huge role of the increase in the
The killing incidents happened in Cebu City are most likely drug related rate of killings. vi. Diminished moral
cases and less it is about politics. –FM4 ascendancy

Anyone who are being alleged in the involvement of drug related vii. Morning through the
activities are not given such rights to be heard, thus the constitutional Shadows
rights of a person are now violated since they are immediately killed. –
FM3

The series of killing incidents happened in Cebu City are inspired by the The beliefs of the legal
statement of our current administration, then they are just following the practitioners of the perpetrators of
order of their superior. –FM5 killings are either private persons
or law enforcement officer, for
Yes, it is inspired but we cannot say this conclusively since which most informants are
investigations is ongoing. –FM1 inclined with the latter.

The person behind the killings is either drug syndicates or certain police
officer who are just following order from their superior. –FM4

People who are involved in drug related activities are being killed as Almost every killing in the city
inspired by our current administration. – FM1 are presumed to be drug-related.

The community have always put in their mind that every time they heard
news about killing in Cebu City by an unknown person, they will already
conclude that that person is associated with drug related activities. –FM2

There is no hesitation that the series of killings happened in Cebu City


are state sponsored. –FM3

The current administration is the responsible of these killing so the The current administration is
government must take an action for this to stop or to minimize. –FM2 assumed as the main factor of the
surge of killings in the country,
Police actions are needed since the series of killing that had happened in knowing that they can control
Cebu City is now being prevalent. Not just police actions but community state actors such as policemen.
participation may take part to solve this problem especially this war on
drugs. –FM8

The current administration’s statement that he will kill those who are
involved in drugs are not only being pronounce when he is now the
president but it was during his candidacy, thus all of these killings are
inspired by him. –FM3

The government itself must be responsible in stopping or minimizing the Most killings are presumed to be
killing incidents because later on this will create anarchy to the state or to initiated basing on the lack of
the community. –FM2 credible investigation results of
police officers or other agencies
Police officials who are just following the order of their superior are the of the government.
94

one who are responsible behind these killing that had happened in Cebu
lately and for the upcoming days since they are involved of such drug
related activities. -FM3

The series of killings that had happened in Cebu City is not new to the
residents because even before killings are being prevalent and it is just
today that these incidents are highlighted because the current
administration is very vocal and serious of his war on drugs campaign. –
FM8

The government must not only take part during the series of killing but Police complicity is prevalent in
also if it just one or two killing incidents because this will create fear, murder and homicide cases that is
panic and chaos to the society or the community. –FM1 happening in the city as well as in
the whole country.
All of these killings are in the hands of our current administration and it
is because that they are involved in illegal drugs activities. –FM3

The murder and homicide cases that had happened in Cebu City are state
initiated and the City government must take part of these incidents. –
FM2

If they are incompetent during investigation, they have to attend more


trainings in order for them to be efficient as a police investigator.-FM1 More training seems to be
required for all police officers and
There are cases that most police officers will no longer investigate the principle of brotherhood is
because of their sense of brotherhood of their cabaro, that is why they one of the reason for the lack of
have poor investigations and if they have poor investigations then they results.
are inefficient police officers.-FM3
They are likely incompetent because they are behind of these killings,
they will left hanging those cases and that makes them inefficient police
officers.-FM4
Police officers are inefficient in
their processes of criminal
There are police officers who are competent but there are some who are
investigation.
not, they need to study more and undergo trainings to solve cases during
investigations.-FM5

Due to the existing issues of police complicity in the murder and


homicide cases, most of the people felt this way because these incidents
is not normal in our society and there are so many constitutional rights
violated.-FM5
Most informants believe that
These incidents is more likely continuously rising and aggravated,
police officers are in cohort with
people will totally felt of hopelessness because the justice system today
the government in the cases of
are now controlled by our current administration and somehow it is
murder and homicide, especially
not working.-FM1
related to drugs.
The offended party is somehow unfortunate for this matter but for the
accused, they have to enjoy police complicity because this will lead them
for dismissal.-FM6

The factors affecting police officers in handling death investigations are


lack personnel, leadership skill, and lack of communication. In this
matter, investigations will not likely solve due to this matter. Police
officer must be competent to be more efficient officers.-FM5
Common factors are lack of
The factors affecting police officers in handling death investigations can
personnel, leadership skill, and
create of having no moral ascendancy of implementing the law
lack of communication, and also
Criminals and police officers are on same level of action.-FM1
having no moral ascendancy of
implementing the law.
Police officers must responsible of their action in any aspect because
they are one of the most easily seen in the community. Their poor
investigations can affect in the eyes of the community and to the pillars
of our justice system.-FM2

The killing incidents continuously rising and some of these cases are not
being solved, it is literally and insult to the rule of law, thus it will create
of having no public order.-FM1

The continuous rising of killing incidents happened in Cebu City create Lack of due process of law can
fear to the community because people who are behind in the drug related spread fear to the community, it is
cases are immediately killed without the due process of law.-FM5 not normal, and a huge insult to
the rule of law.
There is really an increase number of killings and it is one of the main
concern to our society because in the first place it is not normal and there
are so many rights to be claim are violated.-FM8

The community are no longer have their trust to the police officer who Killings committed either by
are the enforcer of the law because they themselves are violator and to private individuals or by police
some effect people will no longer trust the pillars of our justice system officers of the very law they
95

because the integrity are now vanished.-FM1 implement, shows a big insult to
the rule of law and affects the
The incidents of killings in Cebu City are definitely state sponsored.- integrity of our CJS.
FM6

The series of killings totally insult to the rule of law because aside from
constitutional rights that are being violated, it lessen our faith to the
justice system because not all offended party claim justice.-FM8

In the eyes of the international community, it really the state who are
responsible for these incidents that is why the government reactivated an
inter agency task force who are composed of NBI, DND, Police and
DILG to solve this extra legal killings.-FM8
We are creating a culture of
The series of killing build a culture impunity to the extent that the moral impunity if these issues are not
standard of the behavior and in the implementation of law are not resolved.
followed.-FM5

The implications entail to the government is the double impact of


negativity to the state and to the community.-FM5
There is no legal crisis because it is still the same fact, penalty, and it is
the same law. We are not experiencing legal crisis.-FM4
No legal crisis is happening in the
There is no legal crisis after all because it is still the same law being
country but of implementing the
followed. -FM2
said laws.
There is no legal crisis happened because it is still the same concept of
used by the judicial system. -FM6
The government must exert effort in identifying and apprehending those
culprits so that they will serve their penalty and the justice will be served
to the offended party.-FM4

To suppress the killing incidents, the barangay in the community as form The government has a huge role
part of the community must be responsible and help to have an easy in the implementation of law, and
apprehension of those who are involved in drug activities.-FM8 their weak hold has drove us to
the pressing issues of drug-related
The role of the government is very broad and the government itself killings we are facing.
cannot solve this cases without the assistance of the community. Police
actions, community participation and the government must work together
to solve this incidents.-FM2

The effectiveness of the government must be dependent to the police


actions and community participation. They must bind each other to
create a safer place and harmony.-FM8

Dug related cases are no longer being handled by the lawyers because of
The effectiveness of the
the risk they may encounter, government must take part so that the
government is largely dependent
accused must be punished on whatever illegal activities he/she may
upon the participation of the
involved and the offended party can claim justice.-FM1
people or the community.
Drug related cases is one of the most problem in the society right now
but for the current administration, he is just taking the leaves by killing
those criminals who are involved in drugs but leaving behind those roots
who are main problem and the source of all illegal activitites.-FM3
The informant says that considering the degree of danger they’ll get into,
they will demand a larger sum of acceptance fee from the prospective
client. –FM1

The informant, a private attorney, stated that certain compensation will There is an increase of attorney’s
be charged upon the client for the risks they take in handling drug-related fees in the acceptance of drug-
cases. –FM2 related cases.

The informant says that he totally avoids handling drug-related cases to


ensure his safety. –FM3

The informant says that he is not stopped from handling these cases
because the threat to life or the corresponding dangers are normal parts
of their job as lawyer. –FM1
The informants are not deterred of
The informant stated that the option of not pursuing those cases are only pursuing politically charged cases
available for private practitioners. For him, a public attorney, he is of murder as well as drug-related
obliged to take all the cases handed to him. –FM4 cases for a public prosecutor and
with the right compensation for
The informant, as a prosecutor, stated that as long as no outside private attorneys.
interventions are given to him, he shall be willing to prosecute any cases
that is provided for whether it be murders, drugs, etc. –FM8

The informant said that lawyers handling criminal cases are more The risks or dangers associated
susceptible to the dangers, and an aspiring lawyers can avoid that by with the legal profession does not
96

choosing other fields to pursue in the practice of law. –FM8 deter law students or aspiring
lawyers.
The informant says that the profession is still in high demand considering
that there are thousands of Bar takers every year. –FM2

The informant expressly stated that lawyering is still a very lucrative


profession and not in any way diminished just by the dangers presented
to the job. –FM3

The informant states that there is no evidence of state-sanctioned refusal


to investigate the killings by the government. –FM6

The informant says that the investigation of cases is highly dependent


also with the participation of the people in the community who’ll file a
complaint and stand as a witness in criminal litigation. If they are not There is no evidence that the state
available, the police or the prosecution cannot proceed with the cases. – refuses to investigate the spate of
FM8 killings in the city.

The informant stressed that there is no evidence the government is


refusing to investigate but also highlighted proper police work should be
done in death investigations. –FM4

Informant is affirmative of the proposition. –FM1

The informant, a private attorney, concedes with the statement. –FM2


The utter disregard of law by
certain personalities does
The informant expressed his discouragement, especially if the killings
demoralize most lawyers in their
will be proven to be state-sponsored, with the fact that this is utter
profession and in the government.
disregard of the law and an insult to them who studied and practiced the
law as a profession. –FM3

The numerous cases they have to handle that are drug-related has
affected their personal lives with regard to the risks that they are
exposing themselves as well as the system to which they work when
courts are bound to surrender due to pile ups. –FM1

The lawyer means that people seldom or are reluctant to seek help
legally at present due to existing issue of ineffectiveness of our CJS. Its The killings in the country has
not regular, considering that people most often do depend on the law to affected the personal and
have their grievances settled. –FM3 professional lives of the legal
practitioners.
Politically, the informant is inclined to think that the people who run the
government has dwindled the faith of the people in them due to the
issues surrounding the present administration. On the other hand, he, in a
conservative statement as a public employee, has much faith for the
future of the government, but not the people running it. –FM3
97

APPENDIX G
DIAGRAM OF COMMON THEMES

Cebu City Murders


and Homicides in
the Minds of Legal
Practitioners

Views of the legal


Insights and Effect or Influence on
practitioners on the
Challenges of the the lives of the
incidence of killings
informants informants
in the City

Positive Negative
Views Views

Rumored People’s Silent Loss of


but Not Hopelessness Rising Confidence
Yet Proven Fear
Figures in
Visible Power
Authority and
Impunity

Motivated
to Pursue No Moral
Justice Ascendancy
98

CURRICULUM VITAE

CLEOJEAN G. PIA
Poblacion, Dalaguete,Cebu
cleojeanp@gmail.com
09058183742
PERSONAL DATA
Date of Birth : May 11, 1999
Age : 19
Place of Birth : Cebu City
Height : 5’2”
Religion : Roman Catholic
Civil Status : Single
Father : Cleto Quindao Pia
Mother : Jeaneve Genobiagon Pia
Parent’s Address : Poblacion, Dalaguete, Cebu

EDUCATIONAL BACKGROUND
TERTIARY Bachelor of Science in Criminology
University of Cebu- Main
Cebu City
2015- present
SECONDARY Dalaguete National Hish School
Poblacion, Dalaguete, Cebu
Year Graduated: 2015
PRIMARY Dalaguete Central Elementary School
Poblacion, Dalaguete, Cebu
Year Graduated: 2011
99

CURRICULUM VITAE

AILENE I. CARUNGAY
Sanciangko St., Cebu City
ailene10carungay@yahoo.com
09420114158

PERSONAL DATA
Date of Birth : September 10, 1998
Age : 19
Place of Birth : Cebu City
Height : 5’2”
Religion : Roman Catholic
Civil Status : Single
Father : AmeritoCarungay
Mother : Perpetua Carungay
Parent’s Address : Calin-ay, Samboan, Cebu

EDUCATIONAL BACKGROUND
TERTIARY Bachelor of Science in Criminology
University of Cebu- Main
Cebu City
2015- present
SECONDARY Saint Pius X School of Samboan Inc.
Poblacion, Samboan, Cebu
Year Graduated: 2015
PRIMARY Basak Elementary School
Basak, Samboan, Cebu
Year Graduated: 2011
100

CURRICULUM VITAE

RODEL XERCIS M. BAINO


Bayugan City, Agusan Del Sur
rodelbaino@yahoo.com
O9480366973
PERSONAL DATA
Date of Birth : September 18, 1998
Age : 19
Place of Birth : Cebu City
Height : 5’4”
Religion : Roman Catholic
Civil Status : Single
Father : PInsp. Ronald S. Baiño
Mother : Adelita M. Baiño
Parent’s Address : Bayugan City, Agusan Del Sur

EDUCATIONAL BACKGROUND
TERTIARY Bachelor of Science in Criminology
University of Cebu- Main
Cebu City
2015- present
SECONDARY Father Saturnino Urios College of Bayugan Inc.
Lawaan St. Bayugan City, Agusan Del Sur
Year Graduated: 2015
PRIMARY Father Urios High School
Bayugan, Agusan Del Sur
Year Graduated: 2011

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