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alarmed scandal

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1 alarmed scandal on Sun Feb 17, 2013 10:21 pm

specialpaper


Arresto Menor
Please help. A friend.of mine got drunk and the bar owner complained about him breaking bottles of beer to the police stationed near the place. Does the police have the right to detain him? My friend is asking for his rights but the police b told him that he has the right to remain silent. Is this the only right we have? Your advice are greatly appreciated. Thanks.

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2 Re: alarmed scandal on Sun Feb 17, 2013 11:17 pm

jd888


moderator
Yes the Police may detain your friend to cause no further disturbance and to protect him from any untoward incident which may arise from him being under intoxication and causing trouble. It is the usual Few-Hour detention unless a case or complaint shall be file upon him.

Yes, he has the Right to Remain silent. This is also to protect your friend from uttering incriminating words or further add fuel to the fire.

Once he is sober and able to talk normally, the Police may get statement from him, and if no harm was done, they usually just scold him and tell him to avoid any similar incident and allow him to go home.


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3 Re: alarmed scandal on Sun Feb 17, 2013 11:49 pm

specialpaper


Arresto Menor
Thank you so much, I really appreciate it. Got your point there. You mentioned that theyre police may get statement from him. Is this subjective? I mean is it a process they follow or it depends on the police if they what to get side or not? The problem is the guy who complainedwas also drunk and my friend didn't break any bottles. The police never got a statement from my friend.

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4 Re: alarmed scandal on Mon Feb 18, 2013 12:00 am

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Arresto Menor
I have checked article 125 of the revised.penal code and it states there that my friend has the right to know why he's being held and but the police didnt say anything to him even when he's sober. When I went there and asked they've already filed a case against him.

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5 Re: alarmed scandal on Mon Feb 18, 2013 7:22 am

jd888


moderator
The constitutional right of the accused to be informed of his rights to remain silent and to counsel contemplates the transmission of meaningful information and not just a mere ceremonial and perfunctory recitation of an abstract constitutional principle. Police officer is duty bound not just to recite the rights; he must explain it as well;

Here are the Basic Rights:
a. right to remain silent
b. right to counsel
c. right to be informed
d. right to have evidence obtained in violation of those above rejected

There should be Statement of Facts from both Parties, and the Police should explain why your Friend was detained.

He should be informed.


_________________
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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6 Re: alarmed scandal on Tue Feb 19, 2013 10:06 pm

specialpaper


Arresto Menor
Thank you. That really made sense. I hope our police officers will do their duty for the people not for money. I came to know that he was held by corrupt police officers. If we had given them money, thats another story to tell. Is there a case we can file against the officers? They didnt give my friend the right b-c that you mentioned. And lastly, they are one sided. There was no information passed to us until I asked about it. They violated almost everything.

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7 Re: alarmed scandal on Tue Feb 19, 2013 11:17 pm

jd888


moderator
According to PHILIPPINE NATIONAL POLICE MANUAL PNPM – DIDM – DS – 9 –:

“An administrative complaint may be initiated by filing a written and sworn statement before any disciplinary authority, or the IAS accompanied by affidavits of witnesses, if any, and other evidence in support thereof.” (Sec 1 Rule 13 of NAPOLCOM Memorandum Circular 2007-001).

1. Upon receipt of the complaint or report from either a private complainant or the personnel’s immediate supervisor or the concerned office, the Office of Disciplinary Authority/IAS shall immediately refer the complaint to his Inspectorate or Chief, Investigation, as the case may be, and direct him to assist the complainant to reduce the complaint into an Affidavit duly subscribed or notarized.

Note: #1
Who may subscribe the Affidavit of Complaint?
a. For PNP Uniformed Personnel — Officials of the Commission who are appointed by the President, as well as officers of the PNP from rank of Inspector to Senior Superintendent, shall have the power to administer oaths on matters which are connected with the performance of their official duties. (Section 50 of RA 6975 as amended)
b. For Civilian – PCOs of the Pre Charge evaluation/investigation offices pursuant to Section 50 of RA 6975 as amended, or a notary public or any person authorized to administer oath.

Note: #2
The Chief, Investigation/Pre-Charge Evaluator shall have three (3) days to evaluate the complaint, exclusive of the 5-day period to file the Certificate of Non-Forum Shopping and/or investigation and validation (Sec 2, Rule 14, NPC MC 2007-001). He shall maintain two (2) copies of all the documents of the PCE, and once approved, he shall retain one (1) copy at the office of the Inspectorate/Chief, Investigation, while one (1) copy shall be forwarded to Personnel or Admin Section of the concerned office.

3. If the person being complained about is within the administrative jurisdiction of the Disciplinary Authority/local IAS, the Chief, Invest shall undertake any of the following:

a. If the complaint is a verbal/personal complaint from a Walk-in Complainant, the Chief, Investigation shall assist in reducing the complaint into an affidavit, or require the complainant to submit an Affidavit of Complaint along with affidavits of witnesses and other evidence. The Chief, Invest shall likewise require from the complainant a Certificate of Non-Forum Shopping which shall be a requirement before the pre-charge evaluation can be conducted;


_________________
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
View user profile http://www.chanrobles.com/

8 Re: alarmed scandal Today at 5:59 pm

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