November 13, 2015

JOELYN MARIE G. GAMBOA

JD 2-3

DECRIMINALIZING CASES OF TANIM-BALA

INVOLVING 3 BULLETS OR LESS
3 points of beneficiality from the side of the affirmative.
1. We are for the: Promotion of National Security and Crime Prevention
2. On Upholding the Tourism Industry of the Country
3. On the Protection of the Victims' Reputation

Why decriminalize? What do we want to avoid? Basically, the laglag-bala scam, and the extortion
that comes along with it.

Promotion of National Security and Crime Prevention

In line with the police power of the state, we are one with the opposition when it comes to
the regulation of firearms and ammunition through the current actions of the DOJ creating a task
force, we are not neglecting such idea, but what is exclusive on our side is the stricter measure for
extortion prevention.
The law itself has loopholes that give the airport officials the chance to actually commit
extortion. We say that current measures cannot address the problem and to pass a law amending
the existing one is the only way to address that.
HOW EXACTLY?
Citing the case of THE UNITED STATES vs EGUIA and LOZANO,
Extortion is committed by obtaining property from another without his consent, induced by
wrongful use of fear.
The fear of the passengers that they will be charged of a crime they did not actually
commit to begin with, giving leeway to the officials to extort money from them as bail in order to
be free from detention.
Through decriminalization, no crime committed, no threats and extortion to happen.

November 13, 2015

Upholding the Tourism Industry of the Country

As Congressman Neri Colmenares put it, the tanim bala scam hampers our efforts to
bolster tourism since NAIA is the gateway to the country, causes passengers to miss their flights
and damages the reputation of our country in the international community.
Our proposal aims to build a secure, orderly, and just nation for our tourists, foreign and
local investors, and most importantly, our citizens.

Protection of the Victims' Reputation

In the case of Calalang vs. Williams, it is stated that "the welfare of the people is
the supreme law."
Detention, undeserved public humiliation, and unwarranted criminal
record, are just few of the damages suffered by the victims of tanim-bala
scam.
As Senator Alan Peter Cayetano said in the senate probe last October 30, "This is an
unacceptable conduct towards an OFW who has no police record and is fully aware of
restrictions for air travel. Authorities should exercise zero tolerance over these harassment
cases."
As laid down in the case of MARITES vs COKIENG YAN,
"Indeed, being tagged as an accused is by itself traumatic."
What do we say??
We say that we are actually parallel with the purposes of criminal justice system,
that to protect the innocent from an open and public accusation of a crime, from the
trouble, expense and anxiety of a public trial for the crime he did not commit in the first
place.