Lawyer arrested for calling city traffic office ‘ignorant’

[cebulifer]

OT: love super jeepoy's jokes sa afternoon!

[taga_ipil]

Espinoza: Traffic chief should be disciplined
Wednesday, September 9, 2009
CEBU City traffic chief Andres Bayarcal was wrong in arresting lawyer Danilo Pilapil, who was only performing his profession for a client.

The lawyer’s oath in part states: “I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients.”


Bayarcal is supposed to know that a lawyer only acts for a client. He should know that our Constitution and Republic Act No. 7438 requires that a person arrested, detained, or under custodial investigation should always be assisted by counsel.

In case Bayarcal forgot, let me quote Section 2, paragraph (a) of RA 7438 (Rights of Persons Arrested, Detained or under Custodial Investigation; Duties of Public Officers): “(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.”

RA 7438 was patterned after the Miranda doctrine. In the case of Miranda vs. Arizona, the US Supreme Court ruled that the police violated Miranda’s right to counsel, right against self-incrimination and right to remain silent when he was made to sign a confession without informing him of those rights.

I don’t personally know Bayarcal. But judging from his actuation he needs to undergo a refresher course on the Constitution and human rights laws. PRO-7 Chief Lani-o Nerez should seriously look into this issue.

Calling a person “ignorant” is not a crime. But when Bayarcal refused to receive Pilapil’s letter he deserves the label.

Aside from the criminal charges Pilapil will file against Bayarcal, the PNP should discipline him for misconduct.

I hope Bayarcal was not kidding when he said he will charge Pilapil with obstruction of justice. Bayarcal was the one liable for obstruction and denying Harvey Magale a lawyer.

Paragraph (a), Section 4 of RA 7438 provides that the arresting or investigating officer shall suffer a fine of P6,000 or imprisonment of not more than 10 years if he/she fails to inform the person arrested of his/her right to counsel.

Similarly, paragraph (b) of the same section provides that any person or officer who prevents a lawyer from conferring with a person arrested shall suffer the penalty of imprisonment of not more than six years or a fine of P4,000.

Again, Bayarcal is supposed to know that lawyers and law enforcers are partners in the orderly and speedy administration of justice.

I personally know Pilapil as an assuming and quiet fellow.

While he eluded arrest during the martial law years, Pilapil failed to do so this time. Worse, he was handcuffed as if he was a murderer. Well compañero, there is always a first time.

Pilapil’s experience with the city traffic chief could render RA 7438 ineffective if lawyers would shy away from assisting an arrested person or someone under custodial investigation.

This is a hard way for Bayarcal to learn that arresting a lawyer through impulse is costly. Pilapil should pursue the case to show Bayarcal and those similarly situated that they are not above the law.

Espinoza: Traffic chief should be disciplined | Sun.Star Network Online

[rockrhyan1982]

mao bitaw ng giingon "you have the rights to remain silence and you have the rights to have legal counsel"..

yeah theres always have a first time..first time pud ni bayarcal,piti gyud ni!

[Leartes]

mao bitaw ng giingon "you have the rights to remain silence and you have the rights to have legal counsel"..

yeah theres always have a first time..first time pud ni bayarcal,piti gyud ni!

daghan gyud kaayo day iya rights...

[flanker]

na pwned ang pulis patola.. gaba rasad oi....

[giddyboy]

kuwang ug seminar nang pulisa na...

[cebulifer]

awww masermonan lagi na siya karon! hehehe!

[samsungster]

kulang ug seminar ug discipline..

[taga_ipil]

Respect would have defused tension between lawyer, officer: PRO 7 chief
Friday, September 11, 2009

By Mia E. Abellana



THOUGH he has directed his investigation office to look into the matter, Police Regional Office (PRO) 7 Director Lani-o Nerez believes the incident involving lawyer
Danilo Pilapil and Traffic Group Chief Andres Bayarcal could have been avoided if they had a little respect for one another.

Nerez told reporters yesterday he has received the letter from the lawyer’s group and has talked to Cebu City Police Office (CCPO) Director Patrocinio Comendador.

Nerez said that based on what he learned, all that was needed was respect.

“If we talk over matters in a civil way...it is how you deliver your message,” Nerez said.

Bayarcal arrested Pilapil, who was arguing with him to release his client.

Pilapil was defending Harvey Ygot Magale, who earlier surrendered to the Traffic Group for the death of a pedestrian in a vehicular accident.

Pilapil and Bayarcal were arguing over the release of Magale, who was detained by police. Bayarcal refused to release Magale and also refused to sign a document that Pilapil handed over to him.

Bayarcal argued that there was a complainant against Magale and the victim had died, which was why he could not be released.

The argument escalated and Bayarcal said Pilapil called him “ignorant” of the law and began pounding on the table and chairs.

Bayarcal had him detained and filed a case for oral defamation against Pilapil.

The prosecutor handling the case, though, dismissed the charge.

Nerez said policemen and lawyers can be zealous in carrying out their work but they should be civil in discussing matters and not hurt each other’s feelings.

Nerez hopes law enforcers and lawyers can improve their relations by holding frequent dialogues.

Respect would have defused tension between lawyer, officer: PRO 7 chief | Sun.Star Network Online

[epoyking]

mao man jud na mga trafic group... abi jud nila sila na balaud... mura raba dli tinuod na ignorant...