Thursday, August 29, 2013

Whodunnit?

Agatha Christie’s short stories revolved on this question. Sherlock Holmes would ask Dr. Watson this question before discussing with him the clues about a mysterious murder. A US television network challenges its audience to guess who among the casts would turn out to be the mysterious killer in a series which appropriated the question as its title: Whodunnit?  Who’s the mysterious killer?

For more than three days, heavy rains have shattered many lives in Metro Manila and its nearby provinces. Nature has unleashed its wrath. Perpetual unpreparedness left many people without homes and properties. Helplessness is everywhere. Hope becomes elusive. Everyone had looked up to heaven for relief but the sun did show itself ‘till it’s late.

Water is everywhere. People are wondering where all the water have come from. Some have stopped singing and promised not to do so ever again. Others consulted Mr. Google for answer and eventually found out what scientists have said about climate change—“this must be it,” they said. A few others had put the blame to a missing pork lady while the simple mind had considered the tragedy simply as the wrath of a typhoon.

Flood had conquered all. It had displaced many people and had stopped students from going to school. It had destroyed the crops and wasted capitals and investments. It had ruined people’s lives again. 

The question of who should be responsible for losses due to calamities is becoming inevitable. Calamities and the sufferings that they bring have been recurring. The losses seem to get bigger as our unpreparedness seems to get worse as time passes by.

In law, natural calamities and disasters are considered as an Act of God. Nobody bears responsibility for losses incurred due to an Act of God. Nevertheless, this principle comes with a known exception.  The Act of God doctrine does not apply if there is negligence on the part of anyone—whether before, during or after the natural calamity—which facilitates or aggravates the injuries or damages suffered by victims. Responsibility for compensation falls on any person who serves as the proximate cause of the damages and injuries sustained.
           
            Anyone who had aggravated the inJuries and lossess suffered by the people, whether by official or private omission, should be held accountable. This is where the question lies:   whodunnit?

Government planners pinpointed to the squatters whose shanties and garbage continue to block the flood ways. It’s their fault; thus, they should bear their own loss. They had done it!

On the other hand, the poor blamed the government for doing nothing to avert the disaster or to at least cushion its impact. Politicians should be blamed for not putting their feet where their mouth is. They are remiss of their jobs. They had done it!

Meanwhile, some experts put the blame on past and present generations for wasting and destroying the environment. Shame! People have acted like masters over things that they do not own. People had done it!  

Indeed, fingerpointing is difficult since anybody who would accuse anyone risks being blamed for the same conduct also. It leaves us with more questions and lesser clues on whodunnit.









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