Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Rights of Police Detention?

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Rights of Police Detention? on Sun May 26, 2013 10:28 pm

Phileas Fogg


Arresto Menor
Hi,

To introduce myself I am a European national living and business owner here in the Philippines for two years now, I am law abiding even down to having a Philippines driving license and ensuring that every one of my two monthly visa applications has been made on time if not early.

Last Friday a local shop had made a mistake in our order and delivered to us the wrong goods (I hasten to add that over the past two years I have spent well in excess of PHP100,000.00 in this shop), we thought returning the goods to the store would be a straightforward process however the shop owner flatly refused to exchange, told us we would need to pay for the order again, voices became raised and the shop owner's (drug crazed) son came at me as if to hit me around the head with a bottle of wine he had grabbed from a shop display, my wife went for the police but (obviously because of my white skin colour) the police treated me as if I were the agressor rather than the victim, this shop owner has the police "in her pocket" also.

Asking to make a complaint the police flatly refused to accept any complaint from me and, after an hour or so, when I asked to leave they informed me that I was being detained and when I questioned them further they informed me that the shop owner had made a complaint against me (yet two days later I still have not been notified if/what complaint has been made) and when I asked what my rights are they merely stated that they could detain me for up to 12 hours under a penal law.

I asked that I be allowed a telephone call to my country's embassy in Manila but I was denied, eventually, with the police within earshot, we dispatched my wife to the Mayor's house and despite the police getting to the Mayor before my wife did he ordered that I be released but rather than release me the police telephoned the shop owner and I remained detained for a further hour whilst the shp owner made a failed appeal to the Mayor to keep me in detention.

My questions are:

1. Can the police keep me in detention for up to 12 hours?

2. If detained, what are my rights, am I allowed to make a telephone call at police expense, am I entitled to meals and beverages being provided and am I entitled to toilet facilities?

I hasten to add that I was repeatedly denied making a telephone call, I have not been informed what any complaint against me is and during 4.5 hours of detention (1615 till 2045 hours) I was not offered any food nor beverages nor was I offered any toilet facilities.

Thanks

View user profile

2 Re: Rights of Police Detention? on Sun May 26, 2013 10:44 pm

AWV


Reclusion Perpetua
All what they did are ilegal! the dententions, not allowing you to have an access with the toilet facilities are equivalent to police brutality as it is very abusive behaviour.
Hopefully you know the officers name who did this to you and file a complaint to
http://www.ombudsman.gov.ph/ They are the authority who deals with Government officials. Also tell your wife to bring this matter to Tulfo brothers I'm sure she knows them. Report this bitch shop owner and the bloody policemen who abused you!
This is another embarrassment for the Filipino officials! They will never change!
Tell your wife to go to your embassy and report this matter to them as well! they can sue them for humanitarian ground for being inhumane!
Be very careful! police can be very abusive and will harm you if you complain about them so better file a blotter to Ombudsman ASAP!

View user profile

3 Re: Rights of Police Detention? on Wed May 29, 2013 10:22 pm

verba legis


Arresto Menor
A typical scenario of confusion between Arrest and Custodial Investigation.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum