Legal_Futility

Joel Panes — July 1, 2026

LEGAL FUTILITY

In Tacloban, 3 grade 9 students were killed by 2 of their classmates. The tragedy shocked the conscience of the nation. Naturally, the question arising from the unnecessary deaths was, “What is the underlying motivation?” Could this reason be possibly similar to the madness of school shootings in a racially divided America? 


Many have thrown their opinions about the use of guns to commit violence by the youth in a place dedicated for learning. In our jurisdiction, not everyone can own guns. That two minors, one 14 and the other 15, were in possession of a pistol each used to take 3 lives for what reason is an absolute aggravation.


Some were quick to blame the influence of social media applications on the youth. Some blamed at DepEd for sleeping on the job. Absent was the observance of basic security measures to protect the students enrolled in the academic institution. Had diligence in the right measure was undertaken, the tragedy could have been avoided.


Every criminal act begins with an intent to do something criminal. this is called mens rea - a state of mind conceiving and planning a prohibited act. Are intents punishable with imprisonment? No. What the law punishes is the act or acts proceeding from the diabolical mind -  consummated or attempted. The acts or deeds are necessary to complete the requisites of the crime under penal law. When complete, it become subject to penalty and punishment..


But criminal thoughts are not punishable under our laws. They are however indicative of something else - the receptacle positioned above the shoulders was being filled with foul, vile and unpleasant human mental excrement. Did anyone notice the “toilet bowl” was already full? Or was it not reported? Or if reported, was proper attention not given?


Murder, rape or any crime is not instant coffee. It begins with a thought. Christian theology states, “Each person is tempted when he is lured and enticed by his own desire (James1).” What religion calls a sin is likened to a seed sown by the devil in the human soul. In the garden of Eden, the serpent whispered a thought to the woman. “Hey Eve, you aren’t really dying on the same day when you disobey.” In the gospel, the devil employed the same strategy. “Hey Jude, an additional 30 pieces of silver will buy you another donkey for your stable?”Judas became enamored with the thought of having a Lamborghini.  The entire world knows the infamy with which he betrayed his master.


Can man made legislation prevent human from thinking or taking in demonic seeds in his psyche and thus, prevent acts from consummation? Speech and expression is guaranteed by the fundamental law. The deep well from where speech and expression is formed is definitely beyond the reach of legal prosecution. Thought of any kind is not punishable by any law or policy. No mortal can pore into the cauldron of human thoughts and make it consumable as the affordable street beef pares.


Without intervention, the  seeds thrown into the wind by the devil find the unguarded soul a willing host. Roots and branches grow. “The desire when it is conceived gives birth to sin and sin when it is fully grown brings forth death.” When the season for harvest comes, the fruit is borne. The thought is translated into a concrete criminal act.


No law passed by congress can ever intrude into the hallowed territory of the human soul. Investigations in aid of legislation which do not recognize basic biblical spirituality is futile. Sure, the Almighty is acknowledged in the preamble. The irony, I see, is the author and power behind all evil and criminality, national, local and personal, is empowered by silence of the law. 

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