After reposting the Mike and Ben column in my weblog, I followed it up with another entry with a photo of Mike Manlungat, the man who saved eight high school volleyball players on their way home from a game who got stranded in the rising floods of typhoon Ondoy. A reader, Emalyn, commented, “Heroic save indeed. Really good thing that everyone survived. But just, what if, one of the kids drowned? Who will the kid’s parents blame?” And I thought – what? Blame? What about “thank you for risking your life in trying to save my kid even if you had no obligation to do so and even if the attempt was not successful”?
Generally – and I say generally because, of course, there are exceptions — blame does not enter the equation unless there is fault or negligence in the performance of a duty. In the case of those kids, who were responsible for them? Whose decision was it allow them to leave despite the fact that storm signal #1 was already hoisted, despite the fact that the volleyball game was only an extracurricular activity and despite the fact that it was a Saturday and there were no classes to be missed or grades to be demerited? The parents’? The school’s? Both? Who was entrusted with the care and safety of those minors? Why was their coach not in the vehicle with them?
Parents, school, coach – I think I’ve mentioned all the parties who were responsible for those kids at the time they were stranded in Ondoy’s floods. If any of those kids had drowned that day, blame should fall squarely on one or all of them depending on who had been negligent in the performance of his responsibilities.
Now then, let’s talk about someone who has no obligation to look after those kids. Like Mike Manlungat. When a person is in peril and someone who has no obligation to do so tries to rescue him and succeeds, all is well. But if he fails and the person sought to be rescued dies despite his best efforts, does the rescuer deserve to be blamed?
Imagine a car. The passenger was ambushed, the car was sprayed with bullets, it turned turtle and burst into flames. A good samaritan runs to the flaming vehicle, somehow manages to kick the door open and pulls the injured passenger out not knowing that the gunmen are still in the vicinity. As he half carries and half drags the injured man to safety, more shots are fired, the passenger is fatally hit and dies. So, what do we have? The good samaritan’s act of pulling the injured passenger is the proximate cause of his death? Blame the good samaritan because had he left the passenger to fry in the car he would never have gotten shot at all?
Now imagine the passenger lying wounded with multiple broken bones in the car but the car is in safe condition and the gunmen have fled. Someone had called the police, an ambulance is on its way but some onlookers, with genuinely good intentions and thinking that the passenger would be more comfortable out of the car, pull out the passenger and lay him on the sidewalk. As a result of the movement, the wounds burst open, the injured man bleeds profusely and dies before the ambulance arrives.
What’s the significance? There is intervention in both cases. But in the first scenario, the intervention was to prevent more serious harm or injury. In the second scenario, it was plain interference. Now, weigh where blame figures in either situation. Or both. Or none at all.
Go on, focus on the blame angle — just the average Juan’s concept of blame. Because that’s what many of us are good at. Blaming someone else. Grief-stricken families do it all the time. Blaming anyone and everyone as though by doing so they are able to make sense of a senseless death. In highly sensationalized tragedies, even the public demands that someone get blamed. For some reason, it makes people feel good. Perhaps, even vindicated, because to have someone blamed means to shift the blame away from themselves.
Curiously, even when no harm or injury results, some people still talk of blame in terms of “what ifs.” As if to belittle a selfless act. Like my blog reader Emalyn. What if, what if, what if? What if I see a kid stranded on a roof and I decide not to go and get him because what if he drowns while I try to pull him to safety? I wouldn’t want to get blamed, would I, so I might as well not do anything at all and let his parents get all the blame that anyone wants to throw.
So easy to blame. So careful not to get blamed because we fear the consequences. Between those two statements, we find inaction. We’d rather not do anything because, when things go amiss, there’s someone else to blame anyway. We’d rather not do anything because if we do, we take the risk of making a mistake, ending up in failure and getting blamed for it.
If Mike Manlungat had been an cowardly little twirp and refused to try and save the kids because of the possibility that he might not be successful and that he might get blamed by grief-stricken parents who would not listen to reason, he’d be dividing his free time today hopping from one wake to another.
yeah you are definitely right Ms. Connie. Like what the senate is doing with the dam operators in pangasinan…blaming them but denying the fact that if the dam did not release water that day and it colapse then more and more people will be in trouble. Its all politics…During Ondoy few names of politician are heard over the radio and television but now that its over again they started making noises so to say for the 2010 election. No one is to blame, it is calamity that hit the Philippines and dont they feel the need to rebuilt the country instead of blaming someone or something…well this is not the time
Yep, negative thoughts and attitudes never help.
I think that comment was way off the issue. Your friend Mike was already safe and sound in the mall, with his immediate family with him. No one to worry about except the fact that they would have to seek temporary refuge in the mall. But the man went the extra mile and tried to get to the girls and rescue them. I don’t see the logic in asking what if one of the girls had drowned.
Here is a man who braved the weather and saved his daughter’s team mates, not asking for anything in return and this commenter even has the temerity to ask what if….
Sometimes, you just can’t please everybody.
I agree.
And there are also people who, no matter what you do and no matter how well things turned out, will either find fault or something to complain about.
uggh dont you just hate these kind of people! nothing is ever going to be good enough… tsk tsk.. i know a few like this.. never seeing the beauty of the moment, always trying to find some flaw or imperfection.. oh well.. let them live a sod and sad life….
The world has changed. Our lives,the people are getting more complicated.
Were I live some people not only blame others for their misfortune but SUE.
This is a true story that one will think twice before being a “Good Samaritan.”
Two good friends are on the way to attend a party,each riding her own car. The first
car was hit by someone who beat a red light. Naturally,the lady on the second car stopped to help her friend.To make the long story short,the former became paralyzed
and sued the friend who saved her.Reason: “My injuries resulted from being dragged
out of my car like a rag doll aggravating the damage in my fractured vertebrae,thus
my paralysis.”
The plaintiff won.Unbelievable.
Another incredible case.A teen-age high school boy offered a ride to a friend whose
father was late to take him home.Unfortunately,the car was involved in a horrible
traffic accident and the passenger suffered multiple fatal injuries. The parents
sued the boy for his death.
This is a thought-provoking post. Now,I have to do some serious thinking here.
Can you blame me?
I guess I’m guilty of failing to take action over certain circumstances. Small things like speaking up to reckless drivers, corrupt traffic enforcers and those other abusive kinds. I’m definitely not as brave as Mike or Ben. But finding people to blame for bad things that happened, or even for those that hadn’t happened is a very backward attitude. One of the many that gets in the way of us achieving some progress. I’m just not quite sure how different this is from finding the people who can be held accountable for incidents good or bad. I hate people who fail to take accountability for their actions. But maybe this is another thing.
emy, two things: without citing any laws, connie was discussing philippine laws regarding who takes the blame if a kid does die while being rescued. your first example sounds like a foreign case. Hence, different laws apply. the second case, what if the kid who was driving was driving negligently? in that case, yes, he is criminally liable even under philippine law. just imagine richard gutierrez driving his sports car and someone he saved in the floods is with him and they meet an accident.
Re “just imagine richard gutierrez driving his sports car and someone he saved in the floods is with him and they meet an accident.”
Now, THAT is thought provoking. The thing is, in this car example, the driver is obliged to follow certain rules (obligation) and breaking them clearly establishes negligence. Same with Emy’s second example. Ergo, liability if negligence or fault is proved.
But in Emy’s first example, the only rule (both in US and Philippine laws) is that a person who witnesses an accident and flees without helping the victim or reporting the accident can be held liable. In Emy’s example, the friend was actually complying with the obligation to assist at the scene of an accident. The outcome does sound both arbitrary and ironic…
I might be waaayyy babaw or off-topic but all these hypothetical scenarios remind of “The Incredibles” animated film. If you’re not familiar, Mr Incredible was sued by the man he saved who was attempting suicide by jumping off the building. The guy sued because of broken bones & some other people sued the hero because they sustained injuries while Mr Incredible was trying to stop a derailed train from crashing…
The end result all the heroes were decommissioned – no longer allowed to help.
Yan ang nangyayari ngayon sa mundo. Di lang apathy kundi fear na in doing the right thing!
Oh, I saw The Incredibles (love it) but I didn’t think of Mike along superpower lines LOL
Miss Connie, I think that another important issue here is the RIGHT kind of blame. Mike and Ben would not have saved those kids, if such flooding did not happen in the first place.
Now, we can blame God, but then we see cities with flooding problems such as Venice, who find ways to survive, and thrive despite floods.
Mike and Ben are innocent lives. The fact that they RISKED their lives is a terrible indication of our state as a country–we are always in need of heroes, who do what authorities should be doing.
Some conservative (esp. old) people say that we should not blame the government. But we have to ask ourselves: if we have to rely on civilians like Mike and Ben, Gawad Kalinga, the Red Cross, etc to solve our problems… then what on earth is the point of having a government?!
My point is that we need to clean out the garbage in our system. If sticky-fingered thieves didn’t dip in to our calamity funds, if pompous naysayers stopped blubbering and just updated our dams and infrastructure, we wouldn’t have to panic and suffer in calamities.
We should blame those at fault, and NOT those who did their best trying to help. :p
We’re all at fault for the garbage problem. It’s not like the garbage isn’t getting collected. But the average man really doesn’t care.
Let’s not even talk about the slums where the garbage disposal and sewage are practically nil. But just the common man. Walking on the street. Ate a candy. Threw the wrapper over his shoulder.
Or the fast food outlets that have been told over and over that for dine-in customers, use washable plates. But, no, they still use styrofoam, adding to the garbage problem some more.
Corruption in government is a HUGE problem, yes. But it isn’t the cause of all problems. That’s washing our hands off all responsibilities if we just keep pointing fingers.
Well, that’s right. Not to mention: WE elect our leaders. There is a saying I’ve heard before: the leaders we elect are the leaders we deserve, and the leaders we elect are what we are. If we don’t care about society or laws, then we should not expect our leaders to care, either. On to 2010, then… let’s see if we’ve learned anything :p
Sana walang dayaan.
A, I just don’t think it’ll make a difference. People in the Philippines, a majority of them, are too busy struggling to have their basic needs met like food, housing and safety, that they just cannot give one damn about things like what’s good for all, or contributing to society, or justice or any of those other lofty ideas that pampered folks can ponder on.
Don’t get me wrong, I think they should, and they shoot themselves on the foot because they don’t. But let’s face it, things like civic duty are learned, and if your parents are struggling and ignorant and put upon by more powerful people, what do you expect?
I don’t know what’s gonna “fix” the Philippines (for lack of a better word) but I know that the next election won’t be the one to do it. That’s if I were a betting woman of course….
Well, since we’re now going off to the topic of civic duties, don’t you guys think that those who have influence should start “educating” people? No, I don’t mean the politicians, but people who can have a wide audience.
That’s why Miss Connie’s stories about Mike and Ben are helpful. She reaches an audience and gets a point across: even if government won’t help, we are NOT helpless. Very empowering, actually.
Personally, I’m hoping for progress, but like Ms. Pinoyhekmi, NOT hopeful. Labo ba? :p What I mean is: I do my part in society, and I’m happy that Miss Connie, sirs Mike and Ben, and a considerable number of citizens are active in pursuing that goal. But thinking of those who are either adamantly stubborn or helplessly ignorant gets kind of depressing.
By “educating” the effect is that we impose (for lack of a better word) what we think the standard should be. Considering that we are in the minority, it bugs me as to whether we have a right to do that — even when we strongly believe that we are right. You know, tenets of democracy and all about how it’s the majority that should rule.
this post brought back memories of my ‘Obligations and Contracts’ class in freshman year eons ago. i was confused then; still confused now.
More of Torts and Damages, I think, because there is no pre-existing contractual relation.
‘reminds me of a bus driver who got out of the bus he was driving because an HIV infected person collapsed in front of the bus. He tried to revive the person. In the process, the driver got wounded. As the driver went through blood testing etc. because of possible transmittal of HIV, the government who is his employer refused to cover his medical expenses. Apparently, helping a victim outside his job is not part of his duties.
well said ,atty. veneracion.
you’re a good lawyer indeed!
It’s a crazy world! Damn if we help, damn if we don’t!
Perfectly said.
I cringe everytime I hear the present administration blame the previous- “we inherited this mess.” Thanks to this article, I should look into myself before being judgmental.
Months ago, I drafted a letter to my homeowners association regarding the need for compassion when it came to publishing in our local bulletin names of homeowners delinquent in their association fees. In these times, who knows: job loss, illness? May lien na yung bahay nila, ipapahiya pa sa kapit-bahay. Then I considered that I might be scrutinized. Our deck sits 2 ft. over oour property line (previous owners did it-see, the need to blame). We would surely be ordered to take it down and rebuild at considerable expense. Not to mention my husband would backfire, ‘ayan, nagpakabayani ka.’ So, like Andeeeng, I did not speak up. Never mailed the letter.
Ten years ago, I bravely shot back “‘some things are worth going to prison for!” at a mother who threatened to have me imprisoned for rescuing her runaway daughter (my child’s friend). Easier said than done. Have I mellowed with age? More like ‘fraidy cat, that’s what.