Commentary

Dereliction of duty of barangay captains?

Dereliction of duty (prevaricacion) occurs when a public officer who has a duty to prosecute or move to prosecute a crime MALICIOUSLY fails to do so. THE CRIME MUST BE PROVED FIRST.

What crime is committed by a person who goes against the lockdown/”community quarantine” regulations, assuming that the regulations are not ultra vires?

Ay na ta anang “The President is a lawyer.” Bisag abogado pa ka, if your interpretation of the law is wrong, you are wrong.

NOTE: I am not against a proactive response to the current crisis. But even in times of crisis or even that of war, our country has been founded on the rule of law, and the principle that no one is above the law, even the President himself. A PUBLIC EMERGENCY DOES NOT JUSTIFY THE THROWING AWAY OF THE RULE OF LAW.

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