Cebu Police Can’t Protect Us

[windshock]

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Operation Kotong Storm klazmet man ko ni si Badidi, abusar jud ning uban polis dah....tsk3x

[mio]

To serve and protect...

Spoiler! 

the bad guys.

[THE KID]

Training day.......

[ChaosOrb]

saw this article last night on FB...this is so wrong.

>Arresting someone without Arrest Warrant is wrong!
>Ransacking a house for evidence without Search Warrant is also wrong!

So, the question here is. Who are those policemen? After the arrest and delivering to PNP Gorordo nahanaw ug kalit?

Ghost Recon?

[elvandesantos]

i'm not promoting the site sir. nor this is my site.
i just saw it and thought on perspective of cebuano's towards cebu policemen.

i think warrant of arrest and search warrant should be present in this case.
specially they are entering a house.

as the blog is already promoting hatred towards policemen "in general"(aside from the SEO sideline he did). As if, cebuanos are safe without them... or the blogger think he is safe without them?

What if mo ingon ko ang mga bloggers hambogero kaayo puno sah hambog ug unsa pana, relating my anger to an incident with just one blogger... how would other bloggers feel?

naming of those policemen involve might boost your blog here, but generalizing them as a whole? No, I wont give you A on my card for that.

[estor_boot]

malas ning mga pulisa kay daghan connection sa media ang ilang naligsan.
sa mga nireklamo bantay bitaw ug dili mo molahutay ug reklamo ha basin kutob ra mo sa social media.

[elvandesantos]

hopefully the power of social media can run after anang mga fishteangyawanganimalgiataynalang! hadlok og ing-aning klaseng mga polis managhan, manakop og way warrant. unsa ni, reminiscent of martial law with suspension of habeas corpus? kuyawa gud anang polisa?

bisag di ta atty., makasabot man guro ta ani nga balaod: THE REVISED RULES OF CRIMINAL PROCEDURE (EFFECTIVE DECEMBER 01, 2000] - CHAN ROBLES VIRTUAL LAW LIBRARY

and the PNP's procedure on warrantless arrest: http://pnppro10.org/downloads/POP.pdf

ang problema, kasabot ug nakabasa kaha tong arresting officer ani?

kung subayon nato ang logic sa pag dakop nga way warrant, dapat mao ni ang mga sitwasyon:
1. has committed, is actually committing, or is attempting to commit an offense;
2. when an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it;
3. When the person to be arrested is a prisoner who has escaped from a penal establishment...

based sa blogpost, nanihapon intawn ang pamilya, ang amahan dili pugante, wala pod nag dagan pahilayo sa isa ka krimen.

ang mga polis wala nagpaila-ila sa ilang kaugalingon, wala gibasa ang miranda rights, puro violation sa ilang procedures on implementing a warrantless arrest. this smells of harassment instead of genuine pursuit of criminals. maka question ka's motives aning mga polisa. huna-hunaa ra gud, nanihapon ka uban imong pamilya, dayun mosulod sila's inyong balay, manggubot kay nangita og evidence, pangutan-on nimo unsa imong sala di motubag. panamastamas na ni's imong katungod isip usa ka pribado nga Pilipino.

kinahanglan lutoson nato ning mga polis nga ing-ani!

that is purely on the basis of one person. to solidify such claims, testimony must be from several witnesses that will be co-relating each others story. as for the blogger? its one story. as for the story? its simply one sided...

But let me be clear here. I'm not supporting any abuse of power.. both from the government and the civilians as well.

[Hala Cgi!]

pwede pa lang magdala pud og armas ang mga tao sa pinas.. hurot jud ang mga isog dri.

[benchanx]

ayay unsa naman ni makadaot ni sa mga pulis nga ga tinarong ug hangtod karon pobre ghapon kay ang uban police dri sa cebu perting nindota ug mga sakyanan daghan pa gyud ug asawa.

[balipseyev]

Warrantless arrest & search
A police primer
By Sen. MIRIAM DEFENSOR SANTIAGO
March 16, 2006, 8:00am

(Speech at the Philippine National Police Headquarters, Camp Crame, on March 13, 2006.)

Under the Rules of Court, Rule 113, Section 5, a warrantless arrest, also known as "citizen’s arrest," is lawful under three circumstances:

1. When, in the presence of the policeman, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. This is the "in flagrante delicto" rule.

2. When an offense has just been committed, and he has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it. This is the "hot pursuit" arrest rule.

3. When the person to be arrested is a prisoner who has escaped from a penal establishment.

In flagrante delicto warrantless arrest should comply with the element of immediacy between the time of the offense and the time of the arrest. For example, in one case the Supreme Court held that when the warrantless arrest was made three months after the crime was committed, the arrest was unconstitutional and illegal.

If an accused is caught in flagrante delicto, the warrantless arrest is lawful and the evidence obtained in a search incidental to the arrest is admissible as evidence. One common example of a warrantless arrest is a buybust operation.

An offense is committed in the presence or within the view of an officer when the officer sees the offense, although at a distance; or hears the disturbance that it creates and proceeds at once to the scene.

Under the rule on "hot pursuit" arrest, the policeman should have personal knowledge that the suspect committed the crime. The test is probable cause, which the Supreme Court has defined as "an actual belief or reasonable grounds of suspicion."

The Constitution does not forbid warrantless search; it only forbids unreasonable search. The Rules of Court, Rule 126, Section 13, allows a warrantless search, provided it is incident to a lawful arrest. The law provides: "A person lawfully arrested maybe searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant."

To be valid, the search must have been conducted at about the time of the arrest or immediately thereafter, and only at the place where the suspect was arrested, or the premises or surroundings under his immediate control.

Any evidence obtained during an illegal search (even if it confirms initial suspicion of felonious activity) is considered absolutely inadmissible for any purpose in any proceeding, since it is considered to be the fruit of a poisonous tree.

Warrantless arrest & search | The Manila Bulletin Newspaper Online