Wednesday, October 07, 2015

Atty Claire, eto na naman ang mga taga WCPS-MPD!


Atty Castro, magsusumbong lang ako kasi eto na naman ang mga walang alam na mga pulis ng WCPS-MPD.  Eto ang buong news article sa Philippine Daily Inquirer.  Please click on any of these links to read it in full but here is the summary:

1.     The suspect is a public utility van driver and the victim is his 17-year old passenger who is a student of PLM.

2.     According to the victim, she boarded the suspect’s van around 6:30 a.m. Saturday, (October 3).

3.     While seated beside him, the suspect molested her by mashing her breasts using false pretenses.

4.     Not contented, the suspect continued to call and text her over the weekend insisting that they see each other again.  This prompted her and her mother to file a complaint at the WCPS-MPD.

5.     Because of this complaint, WCPS-MPD again went back to their old ways of arresting people without a warrant!  They arrested the suspect on Monday afternoon (October 5) when he showed up in front of PLM to pick up the victim.

6.     Up to this time, the suspect is still under detention!

Atty Castro, banat na.  Magwala ka na naman gaya ng dati.  Kawawa nga naman ang driver na biniktima na naman ng mga pulis na ito ng WCPS-MPD, di ba?  Tingnan mo nga naman ang mga circumstances na ito:

1.     Walang warrant na naman kaya illegal ang arresto di ba?  Mantakin mo, Sabado pa ng umaga ang krimen e Lunes na ng hapon inaresto.  Mahigit 48 hours na di ba?

2.     Tapos ano ba ang ginagawa na krimen nung driver nung inaresto sya?  Di ba sa loob lang sya ng van at nag dadrive?  Ano ba ang pinagkaiba nun sa nagmamall?  Krimen na ba ang pag dadrive ng van ngayon?

Let’s go Atty Castro!  Magwala ka na uli sa WCPS-MPD at hatakin mo palabas ang kaawa awang driver na yun na inaresto na naman ng mga taga WCPS-MPD.  Hindi na talaga sila natuto sa iyo.  Hindi rin yata sila tinuruan ng katinuan ni Atty Wagas!

Banat na at nanunuod kami sa gagawin mo!


PS:  Isama mo na rin ang mga die-hard fans mo na mga abogado na tumatambay sa Facebook group na “Police Matters in Law” para masaya!

Tuesday, October 06, 2015

Please Vote for Pulis na Pogi!

This blog had reached the voting stage of Bloggys 2015.  Please vote for it by clicking on the Bloggys Badge!

Salamat po!




Paano kung ikaw ito?

The title says it all but I made this article to stress (again for the nth time) something that needs repeating again and again because it continues to happen.  I have touched on this issue in a recent post but I would like to focus this article specifically on our fallen comrades in arms.

Having said that, I would like to ask you:  What is wrong in these pictures?













There are several wrongs in these pictures.  The first one is that a policeman is dead and that in itself is a very big wrong.  Somebody has to pay.  But the even bigger wrong is that the comrades of these policemen—the first responders—did not give them the benefit of the doubt of their chances of fighting back against death, or at the very least, the dignity to be grieved upon by their loved ones in the privacy of a hospital or even a morgue.  They were declared dead on the spot by the first responders and instead of calling for an ambulance or bringing the fallen cop to the hospital themselves, the first responders called for the SOCO and the funeral parlor ambulance.  This is ridiculous because only a doctor has the competence to declare someone dead!  Ang isa ay tinakpan pa ng dahon ng saging lang!  Saan naman ang respeto at malasakit dyan mga kapatid?

Have they read the story of Jim Brady?  He was the Press Secretary of Ronald Reagan who was injured during the assassination attempt on Reagan in 1981, more than 30 years ago!  Half of his brains were blown off yet he survived because the Secret Service brought him to the correct hospital!  And it was 30 years ago.  Ano na kaya ang magagawa ng mga ospital natin ngayon?




Here are pictures of several other people who would have been given up for dead by our PNP first responders:








Regulations actually mandate that first responders should immediately cause the evacuation of injured people to the hospital.  The Rule 18, Section 1, Item b of the PNP POP (2010 Edition) states:



But more than the regulations, when a PNP member is the one injured, this is what I always emphasize:  unless he is headless or decomposing, bring him to a hospital and let the doctors pronounce him dead.  This is because we are accomplishing two things when we do this:  first, were are giving him the benefit of the doubt for his fighting chance and second, even if he turns out to be dead in the first place, at the very least, we had given him the dignity to be grieved upon by his family in a hospital or a private place and not on the streets…

Because again I will ask you:  What if this happens to you?  Would you prefer to be those guys above or this guy below:





PS.  Give me your opposing ideas but please never mind mentioning as argument the need for the SOCO to gather evidence including the body because it is just bull.

Monday, October 05, 2015

Kababawan, Kinubabawan, Kalibugan

First it was Lea Salonga who voiced out her opinion about us Filipinos.  She said:




ALDUB fans immediately reacted, though they were not mentioned explicitly by Lea.  Teka, di ba parang  may kasabihan tayo na “Mukhang guilty?”  I think that was exactly what it was.  Naturally, Lea evaded the issue altogether.  She must have been telling the truth that her tweet was not about ALDUB—or she immediately saw the futility of arousing higher ambitions in the 26 million-strong ALDUB Nation whose de facto President is Joey de Leon.  How could you argue with someone whose line of reasoning is like this?


Kababawan?



Next to point out our kababawan was National Artist F Sionil Jose.  While technically Jose had been at it since time immemorial in ranting about the negative traits of the Filipinos, he once again hammered it home when he spoke at the special screening of the movie Heneral Luna in Glorrieta on September 26, 2015.  In his exact words, “we are sobra nang yabang.  Mayabang na mayabang ang Pinoy.  Number two, as if corollary to that, we are very shallow.”  While many criticized Jose for the sweeping generalization, only a few can actually argue with the fact that the observation came from a very old man who can definitely say “been there, done that” with authority.  E talaga naman muntik nang langawin sa takilya si Hereal Luna a.  And very tellingly, maraming estudyante ang hindi alam kung bakit nakaupo lang si Apolinario Mabini sa buong pelikula!


Anong sabi ni Jose Rizal?  Ang hindi marunong lumingon sa pinanggalingan ay sobrang nakatingin sa tuwid na daan?  Hahahaha!

As for a blogger like me, what argument can I better proffer than present statistics from the blogging community?  In topblogs.ph, I registered this blog in the Government and Politics category and I usually maintain a Top 5 standings.  The top blog in this category is HRONLINE.com, a human rights portal.  But if you click the “Show all,” HRONLINE suddenly plummets to 100+ rankings with the top 10 dominated by blogs dealing in matters that I cannot identify with.  Not that I think that I see lifestyle, travel, and leisure issues as inferior to politics but that the ranking of a human rights watch blog landing outside of the Top 100 is a bit surprising in a country that prides itself as one of the freest in the world.




The suddenly last week, we were shocked by these videos of young ladies dancing in an LP gathering:

Kinubabawan

Make no mistake about it:  I am not against the dance routine of these ladies and their job in general as I believe that it is a clean way of earning a living.  It was the ones who invited them that I would like to put to task because of their failure to see the inappropriateness of the dance routine to the event.  But that event is not the first nor will be the last actually:


It would have been a non-issue if it was a private party shielded from the general public but with it landing on the papers because of the INVITED media?  No matter how they make their palusot that it was a private birthday party and not an LP event, we the ordinary people know better—which should be the OTHER WAY AROUND.  Well, just like everything else in kalibugan!

Tuwad na Daan

And this is the party that wants us to believe that we had been treading the straight path in the previous six years and would like to continue leading us in the next six?




Ever wondered why 100 million na tayo ngayon?

Hahahaha!






Wednesday, September 30, 2015

ABOGADONG PULIS-An Entertainment

Reviewing and analyzing the comments that I received in the first article about Atty Claire Castro, one comment stood out as the Anonymous commenter unabashedly flaunted his lawyering skills.  I guess that he is a police lawyer as this is what their Facebook Group “POLICE MATTERS IN LAW-AN OPEN GROUP” said so let me assume that he is, for the purpose of this article.  His comments in full are as follows:

Atty. Claire is correct. Its frustrating that many policemen don't know the law. Kaya madaming palpak na police. Let me do this brief outline for you and pakisabi nlang din sa mga kakilala mong pulis.

As a general rule, there must be a warrant of arrest in order to apprehend an accused. Exceptions are the following: 1. In flagrante delicto, 2. Hot pursuit, 3. Evasion of service. Igoogle mo nlang ibig sabihin nyan. Tingin ko, medyo tanga ka nlang kung kasama dyan ang pag"MALL". Dyos ko po.

Tapos check mo nman yang case na cinicite mo. Valmonte vs. De villa. Checkpoint yan sir. May check point ba sa mall. Tapos search ang subject matter dyan. Search, hindi arrest. Nakakainit ka ng ulo eh. Kung may icicite ka na kaso siguraduhin mo nman na tama, nakakainsulto ka sa mga nagaral nyan eh.

And lastly, buti nlang hanggang bunganga lang inabot nyo kay atty. Claire. Kung ako yan, magfifile ako ng criminal complaint for arbitrary detention + administrative. Anong ground? Bawal ang TANGA sa polisya.




Well, let me answer him punto por punto from the standpoint of a “police officer LANG” na kung maliitin nilang mga abogado ay ganun ganun na lang.  I will use his full comment and insert my arguments in RED UPPERCASE LETTERS. I will place the words that I want omitted in (parenthesis and strikethrough).  So here we go:


EVEN IF Atty. Claire is correct, (.) Its frustrating that many policemen LAWYERS don't know the (law) TRUE SPIRIT AND MEANING OF SERVICE. Kaya madaming palpak na ABOGADONG-police SA TRABAHO NILA BILANG PULIS KASI ANG MINDSET NILA AY ABOGADO PA RIN KAHIT NA ANG FUNCTION NILA AY PULIS SA POLICE STATION AT HINDI SA KORTE.  ANG TRABAHO NILA SA POLICE STATION AY BILANG MGA PULIS AT HINDI BILANG MGA OFFICER OF THE COURT AT ITO AY MUKHANG HINDI NILA ALAM.  Let me do this brief outline for you and pakisabi nlang din sa mga kakilala mong ABOGADONG-pulis.

As a general rule, there must be AN ACTION ON THE COMPLAINT OF PEOPLE COMING TO THE POLICE STATIONS.  VARIOUS REGULATIONS MANDATE THAT THIS ACTION MUST BE FAST, EFFICIENT, AND EFFECTIVE AND MOST IMPORTANTLY, SATISFIES THE NEEDS OF OUR CLIENTS.  YES, AS A GENERAL RULE, a warrant of arrest IS NEEDED in order to apprehend A SUSPECT (an accused) BUT THRERE ARE EXCEPTIONS TO THIS GENERAL RULE.  THESE Exceptions are the following: 1. In flagrante delicto, 2. Hot pursuit, 3. Evasion of service, THUS THE POLICE MUST STRIVE HARD TO PLACE THEMSELVES IN THESE POSITIONS SO THAT AN IMMEDIATE ARREST CAN BE LEGALLY EFFECTED. Igoogle mo nlang ibig sabihin nyan. Tingin ko, medyo tanga ka nlang kung HINDI kasama dyan ang pag"MALL" KASI PAG NAG MALL ANG ISANG SUSPECT, NAPAKARAMI MONG OPPORTUNITY NA MAKA CONDUCT NG MAAYOS AT LEGAL NA WARRANTLESS ARREST—LALO NA KUNG ALAM MO ANG IYONG GINAGAWA.  FOR EXAMPLE, GUSTO MO LANG MAKILALA ANG SUSPECT KASI HINDI MO ALAM ANG FULL NAME NYA.  PAG NAKITA MO SYA SA MALL, UTUSAN MO ANG STRIKER NYO NA IPROVOKE SYA NG AWAY GAYA NG PAGBANGGA SA KANYA.  NOW KUNG MAGKAPIKUNAN SILA, SYEMPRE MAG AAWAY SILA.  PASOK NGAYON ANG GUARDS THEN ANG PULIS.  SA SECURITY OFFICE, PAG AAYUSIN MO SILA SYEMPRE PERO DAHIL KAILANGAN IBLOTTER ANG INSIDENTE, NATURAL NA MAKUKUHA MO NA ANG LAHAT NG PERSONAL CIRCUMSTANCES NG SUSPECT.  KUNG HINDI SILA MAGKAAYOS NG STRIKER MO, E DI INQUEST MO ANG STRIKER MO THEN PYANSAHAN MO NG P2,000—YAN AY KUNG NAPAKAHINA MO NA HINDI MO MAPA RFI SA PISKAL ANG KASO. Dyos ko po ATORNING PULIS, HINDI MO ALAM YAN?  AY OO NGA PALA, ABOGADO KA NGA PALA AT MUKHANG NAKALIMUTAN MO LANG YATA NA PULIS KA PA RIN.

Tapos check mo nman yang case na (cinicite) INAASSAIL MO mo. Valmonte vs. De villa. Checkpoint yan ATTORNEY sir. (May) PERO SA check point LANG ba (sa mall) APPLICABLE YAN?  (Tapos) search MO ang subject matter dyan. OO NGA, Search, hindi arrest ANG TOPIC PERO KUNG BINASA MO ANG BUONG CASE DECISION, GANITO ANG PAGKALATAG  (ETO WEB ADDRESS O: http://www.lawphil.net/judjuris/juri1990/may1990/gr_83988_1990.html)

Besides these warrantless searches and seizures at the checkpoints are quite similar to searches and seizures accompanying warrantless arrests during the commission of a crime, or immediately thereafter. In People vs. Kagui Malasuqui it was held—

To hold that no criminal can, in any case, be arrested and searched for the evidence and tokens of his crime without a warrant, would be to leave society, to a large extent, at the mercy of the shrewdest the most expert, and the most depraved of criminals, facilitating their escape in many instances (63 Phil. 221).

KITAMS?  GALING PALA SA IBA PANG DECISION YAN ATTORNEY, SO ISEARCH NATIN ANG PINANGGALINGAN, ANG PEOPLE VS KAGUI MALASUQUI.  GANITO NAMAN ANG PAGKALATAG DOON (ETO ULI ANG WEB ADDRESS:  http://www.lawphil.net/judjuris/juri1936/jul1936/gr_l-44335_1936.html) :

Anent an identical question, the Supreme Court of Virginia, in United States vs. Snyder, supra, said:

To hold that no criminal can, in any case, be arrested and searched for the evidence and tokens of his crime without a warrant, would be to leave society, to a large extent, at the mercy of the shrewdest, the most expert, and the most depraved of criminals, facilitating their escape in many instances.

NAKU PAANO YAN ATTORNEY, ANG KASONG ITO NI KAGUI AY ROBBERY WITH HOMICIDE AT ANG JURISPRUDENCE AY ICINITE NG SUPREME COURT KASI KINUWESTYON NYA ANG WARRANTLESS ARREST SA KANYA AT ANG SEARCH NA NAGING INCIDENTAL SA ARREST NA YAN!

AND TO ILLUSTRATE FURTHER ATTORNEY, THIS CASE WAS AGAIN CITED IN PEOPLE OF THE PHILIPPINES vs. GABRIEL GERENTE y BULLO.  THE SUPREME COURT AGAIN SAID:

In Umil vs. Ramos, 187 SCRA 311, the arrest of the accused without a warrant was effected one (1) day after he had shot to death two Capcom soldiers. The arrest was held lawful by this Court upon the rationale stated by us in People vs. Malasugui, 63 Phil. 221, 228, thus:

"To hold that no criminal can, in any case, be arrested and searched for the evidence and tokens of his crime without a warrant, would be to leave society, to a large extent, at the mercy of the shrewdest, the most expert, and the most depraved of criminals, facilitating their escape in many instances."

SO HERE, WARRANTLESS ARREST NA TALAGA ANG PINAG UUSAPAN.  PAANO NA ANG LUSOT MO NGAYON ATTORNEY SIR?

Nakakainit ka ng ulo eh. Kung may (icicite) IAASSAIL ka na kaso siguraduhin mo nman na tama, nakakainsulto ka sa mga nagaral nyan eh.  AT SAKA HINDI BA NAKAKAHIYA YAN SA MGA HINDI NAG ARAL NYAN GAYA NG MGA PULIS LANG NA GAYA KO?  OR ALAM MO TALAGA NA MALI YANG BANAT MO AT SINUBUKAN MO LANG LUMUSOT?  IS THIS ANOTHER CASE OF INTELLECTUAL PREVARICATION JUST LIKE WHAT ATTY CLAIRE CASTRO DID WHEN SHE SHOUTED “IPAFILE PA LANG ANG KASO!” IMPLYING THAT THE ARREST WAS ILLEGAL BECAUSE OF THAT!  BAKIT ATTORNEY, SA INQUEST BA, ALIN ANG MAUUNA, ANG ARESTO OR ANG PAGFILE NG KASO THROUGH INQUEST?  LIAR, LIAR?

And lastly, buti nlang hanggang (bunganga) SIMPLENG ARESTO lang inabot (nyo kay) NI atty. Claire SA MPD. Kung SA AKIN MO GINAWA MO YUN, (ako yan), POPOSASAN KITA, IPAPASOK KITA SA SELDA AT magfifile ako ng criminal complaint for (arbitrary detention) DIRECT ASSAULT, OBSTRUCTION AT MARAMI PANG IBA + administrative NA DISBARMENT.  Anong ground? Bawal ang TATANGA TANGANG ABOGADONG PULIS sa polisya.

Any comments dear readers?  I hope I entertained you with this article!