So now, Malacanan thru the Department of Justice wants to file illegal possession charges against 38 alleged members of the Royal Sultanate army. These people were caught by the Philippine navy leaving Sabah. Justice secretary Leila de Lima says, they will be charged with Article 118 or inciting to war charges and illegal possession since guns were confiscated against the group there in Tawi-Tawi.
I don't know with you, but, it seems that the DOJ or Malacanan is really fanning the issue to make it a conflagration.
For violating the Comelec gun ban and for carrying guns without the proper licenses, yes, these people are liable for it. They should be charged with violating a special law.
However, it seems too far-fetched if they will also be charged with violating Article 118. For one, Article 188 contemplates the commission of "unlawful" or "unauthorized" acts which could drag the Philippines into a war. The law punishes people who will commit such acts that would lead the Philippines into a war. The very first question is---was there a war that happened between the Philippines and Malaysia? Fact was, the two countries were even conspiring against the army.
Yep, there was a fire fight which Sec Carandang even described as a "warning shot", not "war" as envisioned by the DOJ, not "war".
If I am Pnoy, I would not dare cross the line at this time. It is better to stay safe instead of courting more enemies. You"ll never know. Don't tempt the Fates.