PNP: Warrantless arrest against street idlers is legal

Marje Pelayo   •   June 20, 2018   •   6367

Police arrest a number of men for going around shirtless in public.

 

QUEZON CITY, Philippines – The Philippine National Police (PNP) defended its move to arrest loiterers or “tambays” who violate city ordinances despite the criticisms the agency has drawn from various sectors over its crackdown on street idlers.

PNP Spokesperson PSSupt. Benigno Durana said the law allows the arrest of loiterers without warrant citing Section 3, Rule 113 of the Rules of Court.

“Number 1 when in the presence of police officer a crime or a violation has been committed, or the person to be arrested has committed or attempting to commit a violation or a crime. Number 2 when a police officer has personal knowledge that the crime has been committed, at pangatlo when the person to be arrested ay isang escapee, nakatakas po siya sa mga kulungan, “ said Durana.

He noted the PNP is mandated to maintain peace and order so they are bound to implement laws like arresting those who violate local policies.

“This is not just cutting crimes but improving the sense of public safety and security of the people. Iyong mapabuti natin ang pakiramdam ng taumbayan sa kanilang kaligtasan at seguridad,” he added.

Durana clarified that a person may refuse an invitation to the police precinct but implores the public to familiarize themselves with the ordinances in their respective areas.

While Commission on Human Rights (CHR) Spokesperson Atty. Jackie De Guia said in a message that the agency understands the administration’s objective to ensure peace and order and public safety, it asserts that warrantless arrest is unconstitutional.

“Nauunawaan namin ang intensyon ng administrasyon na tiyakin ang katahimikan sa mga kalsada at siguruhin ang kaligtasan ng publiko. Subalit, ang paghuli ng sinuman ng walang warrant of arrest ay labag sa ating Saligang Batas,” she said.

De Guia added that a person should not be arrested without probable cause and due process and that police should not discriminate nor stereotype street loiterers as troublemakers.

“Hindi rin tama na lahatin bilang kriminal ang mga itinuturing na “tambay sa kalye.” Ito ay isang uri ng diskriminasyon na nagdudulot ng stigma,” she added.

In response, the PNP assured strict implementation of police operational procedure and warns dismissal against violators. – Lea Ylagan / Marje Pelayo

PNP sees ‘murder for insurance’ as possible motive in killing of Korean in Valenzuela

Robie de Guzman   •   March 2, 2021

MANILA, Philippines – Investigators are looking into “murder for insurance” as a probable motive in the killing of a Korean national in Valenzuela City, the Philippine National Police (PNP) said.

In a press statement, PNP chief General Debold Sinas said that the ongoing investigation into the murder of Korean businessman, Nam Sunuk “took an interesting turn” as probers uncovered more evidence and facts about the crime.

Sinas said the special task group for Nam Sunuk slay established the possibility of “murder for insurance” after suspects Kimberly Radores and Rica Estrella said in their extra-judicial confession, executed in the presence of lawyers, that the crime was staged and planned by the victim himself.

Sinas said investigators have preserved digital evidence of alleged email messages by the victim to one of the suspects which can further assist in deeper investigation of the case.

He, however, noted that the individual participation of the suspects are enough evidence to establish their culpability in the crime.

Based on initial information and evidence gathered, Nam Sunuk, 55, was shot dead in the backseat of his Hyundai Tucson SUV on the night of February 13, 2021 in Maysan, Valenzuela City.

Police have recovered a Norinco cal.45 pistol and a red Honda Civic believed to have been used in the crime.

Valenzuela City Police has filed murder charges against suspects Radores, Estrella, Rusty Hernadez Cruz, Josephine Pidlaoan Nape, Leana Marie Nagaño aka “Yana”, Bryan Saga Gulfo, Bryan Remlona Escamillas, and Police Corporal Darwin Garcia Castillo.

Three of the suspects, Radores, Estrella and Castillo, executed extra-judicial confessions, in the presence of lawyers Atty. Ian Rex Manuta Visto, Atty. Divina Patty Bagarino Sibay and Atty. Engel Ang-Tong, detailing their personal knowledge of the circumstances surrounding the death of Nam Sunuk.

Sinas said they will closely coordinate with their police counterparts from the Korean National Police thru the Korean Embassy in Manila to share notes on the murder case.

Duterte designates NBI as sole body to probe PNP-PDEA ‘misencounter’

Robie de Guzman   •   February 26, 2021

MANILA, Philippines — President Rodrigo Duterte has designated the National Bureau of Investigation to be the sole agency to investigate the alleged misencounter between cops and operatives of the Philippine Drug Enforcement Agency (PDEA), Malacañang said Friday.

“Nagdesisyon po ang ating president na tanging NBI lang po ang mag-iimbestiga duon sa putukan na nangyari sa panig ng mga kapulisan at PDEA diyan po sa Quezon City,” Presidential spokesperson Harry Roque said.

The shooting incident involving policemen and PDEA operatives occurred on Wednesday afternoon near a mall along Commonwealth Avenue in Quezon City. Four individuals – two cops, a PDEA agent and an informant – were killed in the gun battle.

The PNP and PDEA earlier said that a joint Board of Inquiry has been created to look into the incident.

But due to Duterte’s order, the joint probe will have to be discontinued.

“’Yung mga binuong joint panel para imbestigahan yan, na binuo po ng PNP at PDEA ay di na po magtutuloy sa kanilang imbestigahan,” Roque said.

Both PNP and PDEA assured to work with the NBI in compliance with Duterte’s directive. – RRD (with details from Correspondent Rosalie Coz)

PNP, PDEA to form board of inquiry after gunfight along Commonwealth Avenue

Robie de Guzman   •   February 25, 2021

MANILA, Philippines – A joint board of inquiry, comprised of personnel from the Philippine National Police (PNP) and the Philippine Drug Enforcement Agency (PDEA), will be formed to look into the gunfight that transpired between its members near the Ever Gotesco Mall along Commonwealth Avenue, Quezon City on Wednesday night.

“In the interest of determining the truth behind the incident, a joint PNP-PDEA Board of Inquiry will be formed to determine what transpired and who should be held liable,” the PNP Public Information Office (PIO) said in a statement.

The PNP-PIO added that Police chief General Debold Sinas has appointed the Criminal Investigation and Detection Group (CIDG) as the lead investigating body, while the National Capital Region Police Office (NCRPO) has been designated “to speak on any updates from the PNP in order to keep the public updated with accurate and relevant information.”

The shooting incident between police officers and anti-illegal drug operatives was said to have occurred in an area outside of the mall early Wednesday night.

The mall management said that its shoppers were safe inside its premises when the incident happened and asked the public to refrain from sharing any unconfirmed information online.

The gunfight left several casualties but it remains unclear how and why it transpired as the PNP and PDEA have yet to disclose information about the incident.

Following the gunfight, PDEA spokesperson Derrick Carreon said their agents were on a legitimate operation in the area but appealed to the media to allow them time to obtain clear details about the incident.

“Sa ngayon, isa lang po ang malinaw, na ang PDEA Special Enforcement Service ay nandoon on a legitimate operation po. ‘Yun lang ang alam namin at this point,” he said in a message to reporters.

Meanwhile, the PNP and PDEA both assured the public that the incident, while serious,  “will in no way affect the continuing operational relationship and coordination they have long firmed up in the fight against illegal drugs.”

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