STATEMENT NI CIDG CHIEF/GEN. TORRE III SA PAG-ARESTO NG PULIS, NAG-VIRAL
PATULOY na umaani ng ibat-ibang reaksyon sa social media ang pahayag ni Criminal Investigation and Detection Group (CIDG) Chief Major General Nicolas Torre III sa pag-aresto ng pulis.
Narito ang kontrobersyal na statement: “PAG UMARESTO KA NG TAO, PAG INARESTO KA NG PULIS, PWEDENG HINDI DALA NG PULIS ANG WARRANT, PWEDE..SASABIHIN LANG NG PULIS, HOY! ARESTADO KA, MAY WARRANT KA, NASAAN ANG WARRANT? NANDUN SA ISTASYON, HALIKA KA NA, THAT’S PERFECTLY LEGAL.”
Narito naman ang “POLICE PROCEDURE FOR ARRESTING SOMEONE IN THE PHILIPPINES.”
The process of arresting someone in the Philippines is governed by strict legal protocols to ensure the rights of the individual are protected while maintaining public safety and order.
This comprehensive guide outlines the step-by-step procedure followed by the Philippine National Police (PNP) during an arrest, covering the legal basis, necessary documentation, and rights of the accused.
LEGAL FRAMEWORK: The authority of the police to arrest individuals in the Philippines is derived from the Revised Penal Code and the Rules of Court, particularly Rule 113 on the rules of arrest.
Arrests can be made with or without a warrant, depending on the situation.
ARRESTS WITH A WARRANT; A judge issues an arrest warrant after finding probable cause based on the evidence presented. The process involves:
1. Filing of a Complaint: Initiated by a complaint or the police, detailing the alleged crime.
2. Preliminary Investigation: Conducted by a prosecutor to determine if there’s sufficient evidence to proceed.
3. Issuance of Warrant: If probable cause is found, the judge issues an arrest warrant.
WARRANTLESS ARRESTS; Warrantless arrests are permitted under specific conditions, such as:
. The person is caught in the act of committing a crime.
. The person is pursued immediately after committing a crime.
. The person is an escaped prisoner.
ARREST PROCEDURE; Upon identifying the need for arrest, weather with a warrant or under conditions allowing for a warrantless arrest, the police follow a standardized procedure to ensure legality and protect the rights of the individual being arrested.
IDENTIFICATION AND ANNOUNCEMENT; Police officers must identify themselves and explain the reason for the arrest to the individual being detained. If operating with a warrant, they must present it upon request.
READING OF RIGHTS; The individual is informed .of their rights under the “Miranda Rights,” including:
The right to remain silent
. The right to have competent and independent legal counsel, preferably of their own choice
. The right to be provided with legal counsel if unable to afford one
USE OF FORCE; The use of force an arrest is strictly regulated, allowing only reasonable force necessary to restrain the individual.
DOCUMENATION; A police report is created, documenting the arrest details, including the time, place, reason, and manner of the arrest, along with the inventory of any seized items.
POST-ARREST PROCEDURE: After the arrest, the individual is brought to the police station for booking, which involves:
. Taking fingerprints and photographs
. Dodumenting personal details
. Inventory personal possessions
Saan kumuha ng basehan si Gen. Torre sa kanyang sinasabing pwedeng umaresto ang pulis na kahit nasa Police Station ang warrant of arrest laban sa suspek? Tama po ba ang sinasabi ni Gen. Torre, legal experts?
Saan din ang sinasabing, “innocent until proven guilty?”
Trip-Trip Lang ba ang ginawa ni Gen. Torre?
