Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
-
Upload
regh-ariente -
Category
Documents
-
view
216 -
download
0
Transcript of Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
-
7/27/2019 Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
1/12
A Policy Proposal in PUAD 3103
(Public Policy and Program Administration)
Policy Proposal:
Strict Enforcement on Reenactment Process and Distortion of Due Process of
Law during Police Operational Procedure
Submitted to:
PROFESSOR ERNEST VERA CRUZ
Submitted by:
ARIENTE, REGINE CATALAN
POLYTECHNIC UNIVERSITY OF THE PHILIPPINES
COLLEGE OF POLITICAL SCIENCE AND PUBLIC ADMINISTRATION
Bachelor in Political Science 3-1
March 16, 2013
-
7/27/2019 Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
2/12
INTRODUCTION
One of the processes in gathering pieces to end up in conclusion or an assumption of
the flows of event during onset of the incident is through reenactment. Reenactment is
some sort of restoration process wherein the actors here aims to portray past incident in
order to solve particular cases, mainly criminal incidents.1
Reenactment involves demonstration of past events so as the things involved. Thus, in
order for a particular institution to re-demonstrate the past incident, the evidences must
also as well present in order for the investigators to come up with the conclusion, they
must first reconstruct the evidences.
On the other hand, Forensic Reconstruction is the process of instituting series of events
that happened before, during and after the incident. Through logical reasoning and
scientific processes from the evidence presented, they can draw their conclusion2. The
resulting reconstruction will hopefully be used to clarify the sequence of events and
even jump to reenactment of case.
Due process is somewhat a fundamental fairness of all in the eyes of the law. It is
adherent to every laws that is being impose by our legislative body. In Philippine
Constitution, Due Process is evident in two (2) points: if it is done under the existing
laws or in accordance to Constitution itself, and; if it undergo with fair and reasonable
methods of procedure describe by law.3
There are two (2) aspects of the law, namely Procedural due process and Substantive
due process. The former defines as the right of the accused to free from distasteful
judgment until proven by law through trial. The latter characterized as the law itself that
is being imposed is fair, reasonable and just.4
1http://www.thefreedictionary.com/Reenactment
2http://forensicsciencecentral.co.uk/index.shtml
3Hector De Leon: Philippine Constitution 2008 edition; page 121
4Ibid 3
-
7/27/2019 Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
3/12
BACKGROUND
In Philippine criminal investigation system wherein due process of law prevails, it is very
crucial for all key players to act in accordance with law. More so, assumptions during
criminal investigation must be logically-based and substantiated with prongs or pieces
of evidences to eliminate distortion of justice rendered by the constitution and existing
laws to its citizen.
In criminal investigation, gathering the pieces of evidence is crucial for a particular
incident to be solved, so the witnesses and the factors that may affect the case.
The Philippines, particularly those people who lived near Atimonan, Quezon trembled
when 13 citizens died by rubout last January 6, 2013. These 13 personalities are
accused of being involved in illegal activities such as jueteng lords and what they have.
In findings that were submitted by NBI to President Aquino, they found out that there is
an excessive force used to kill this populace5. This news only showed us how messy
our judicial system is. Another evidence of the flaws on this is that Police officials
werent wore their uniforms during the onset of the incident.6
However, this is not the main focus of this paper. This paper will focus on the flaws of
criminal investigation here in the Philippines through reenactment and how Due process
of law is being distorted.
PROBLEM
Upon the investigation of what was really happened in the Atimonan rubout case, there
were flaws on how the reenactment has taken place: Lost of red bag owned by
Businessman Vic Siman7
and brown leather clutch8
owned by Supt. Alfredo Consemino
which was both missing during the SOCO investigation process.
More so, the policemen who were involved in Atimonan rubout case were not even
wearing their uniform a form of lapse in operational procedure, and according to the
5http://opinion.inquirer.net/48389/rubout
6http://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootout#ixzz2NTjkcUJz
7http://www.abs-cbnnews.com/nation/regions/01/09/13/suitcase-missing-quezon-shootout
8http://www.abs-cbnnews.com/nation/01/17/13/de-lima-no-shootout-quezon
-
7/27/2019 Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
4/12
findings, the Police Personnel used excessive force to the victims9. Thus, it is
apparently a manifestation of the distortion of due process in our status quo.
To sum up, the major problem here is not only the accuracy of re-enactment process in
compliance on the investigation of Atimonan Case but the Due Process of Law in
Atimonan rubout case was already deformed.
FACTS
BELOW ARE THE BRIEF INFORMATION ON PHILIPINE NATIONAL POLICE
OPERATIONAL PROCEDURES
Rule 5: BASIC REQUIREMENTS OF POLICE INTERVENTION
OPERATIONS
All police intervention operations (arrest, raid, search and seizure, checkpoint, demolition, civil
disturbance management) shall be conducted:
a. with a marked police vehicle;
b. preferably led by a Police Commissioned Officer (PCO); and
c. with personnel in prescribed police uniform.
Rule 8: USE OF FORCE
SECTION 1- Issuance of Warning
The police officer must first issue a warning before he could use force against an offender. The
warning is issued for the police officer to identify himself and to give opportunity to the offender to
surrender. The duty to issue a warning is however not absolute. The directive to issue a warning is
necessary only in situations where several options are still available to the police officer but in cases
where the threat to the life of a police officer is already imminent, and there is no other
option but to use force to subdue the offender, the law enforcers failure to issue a
warning is excusable.
9http://www.abs-cbnnews.com/nation/01/19/13/chr-slams-excessive-use-force-quezon-incident
-
7/27/2019 Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
5/12
SECTION 2-Reasonable Force
During an armed confrontation, only such necessary and reasonable force should be applied as
would be sufficient to overcome resistance put up by the offender; subdue the clear and imminent
danger posed by him; or to justify the force/act under the principles of self defense, defense of
relative, or defense of stranger. The Officer-in-Charge of the operation shall, at all times, exercise
control over his men in the area, and shall exhaust all possible means so that no innocent civilian is
caught in the crossfire. The reasonableness of the force employed will depend upon the number of
aggressor, nature and characteristic of the weapon used, physical condition, size and other
circumstances to include the place and occasion of the assault. A police officer, however, is not
required to afford a person attacking him the opportunity for a fair or equal struggle. His duty
requires him to overcome his opponent. In the lawful performance of his duty, the police officer
must stand his ground to accomplish his mandated task of enforcing the law and maintenance ofpeace and order.
SECTION 3- Use of Weapon
The excessive use of force is prohibited.The use of weapon is justified if the suspect poses
imminent danger of causing death or injury to the police officer or other persons.
The use of weapon is also justified under the Doctrines of Self-Defense, Defense of
Relative, and Defense of Stranger.However, one who resorts to self-defense must face a real
threat on his life, and the peril sought to be avoided must be actual, imminent and real.
Moreover, unlawful aggression should be present for self-defense to be considered as justifying
circumstance.10
-----
From the information above, we can see that troops of Marantan had done several
violations on conducting their Police Operational Procedure. Some of these are the use
of excessive force and the use of weapons. More so, PNP Chief Director Alan Purisima
stressed the flaws of Marantan group on the onset of the procedure.
* On the checkpoint proper, there was no marked vehicle;
* at the main checkpoint, there was no signage to indicate that it was a PNP that set
10PHILIPPINE NATIONAL POLICE OPERATIONAL PROCEDURES MARCH 2010
-
7/27/2019 Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
6/12
up the checkpoint;
*Except for the Atimonan police chief, the rest of the cops at the main checkpoint are
wearing civilian clothes.
Other findings of the PNP fact finding team include;
* 8 out of 13 victims were tested positive in the paraffin test;
* the SUV has 186 bullet holes while the second vehicle has 50 bullet holes. The victims
were aboard the said vehicles;
* About P265, 000 were recovered from the victims;
* 14 firearms-12 short firearms, 1 M16, 1 M14 were recovered from the victims;
* Out of the 14, 13 have licenses both the long firearms and the 11 short firearms;
*Out of the 11 short firearms, 7 have permitted to carry. 11
OTHER SUBSTANTIATE DATA REGARDING TO THE DISTORTION OF DUE
PROCESS IN OPERATIONAL PROCEDURE
Murder raps recommended vs cops in Ortigas overkillBy Katherine AdranedaThe Philippine Star 05/30/2006
Six months after the Ortigas Center shooting incident that left three people
dead, the Commission on Human Rights (CHR) recommended yesterday the filing
of multiple murder charges against 10 members of task force under the Traffic
Management Group (TMG).
In a 36-page en banc resolution, the CHR said it found probable cause that
there was "arbitrary deprivation of life" committed against suspected
carjackers Anton Cu-Unjieng, Francis Xavier Manzano, and Bryan Anthony Dulay
by the 10 TMG officers.
Named in the resolution as respondents were Senior Inspectors Hansel
Marantan, Henry Cerdon, and Samson Belmonte; Police Officers 3 Lloyd Soria,
and Rizalito Ramos Jr., POs2 Dexter Pascua, Jesus Fermin, Sonny Robrigado;
and POs1 Fernando Rey Gapuz, and Josil Rey Lucena.
The CHR will submit its resolution and other pertinent documents related to
the case to the Office of the Ombudsman for the filing of criminal andadministrative cases, in accordance with Republic Act 6770.
The CHR resolution and documents will likewise be endorsed to the National
Police Commission (Napolcom), Philippine National Police (PNP) and Department
of Interior and Local Government (DILG).
11http://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootout
-
7/27/2019 Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
7/12
According to the CHR, forensic analysis and findings revealed that when the
three men were flagged down by the Task Force Limbas operatives, they stopped
the car, but were met with gunfire from the state agents, "who acted with
criminal intent."
"Hence, the anti-carnapping operations implemented by the police operatives
on the evening of Nov. 7, 2005 was feigned, premeditated, and treacherous,
thus the killing of the victims by the said state agents qualifies the
criminal act as a case of multiple murder," the CHR resolution stated.
The CHR said that actions of the TMG operatives contravened the very rules of
engagement of the PNP, noting that the policemen "deliberately did not make
any attempt to bring the mortally wounded victims to the nearest hospital."
"Instead, they wilfully and feloniously ensured the death of the victims with
the use of excessive and/or lethal force as borne by the second round of
gunfire even when the victims were already at the point of death," the CHR
resolution stated.
On the gunshot wound sustained by Inspector Belmonte that was supposedly a
result of the shooting incident, the CHR deemed it as "self-inflicted andprobably accidental."
At around 10 p.m. of Nov. 7, 2005, three alleged members of the Valle Verde
Gang were killed during an anti-carjacking operation at the Ortigas Center,
Pasig City.
Police intercepted Cu-Unjieng, Manzano, and Dulay, who were on board a Nissan
Exalta sedan at the corner of Garnet and Ortigas, following a tip from an
informant.
The victims, however, allegedly refused to yield and fired at the pursuing
lawmen, who retaliated in "self defense."
However, relatives and human rights group decried the "overkill" based on
video footage taken by a television news crew, prompting the CHR
investigation.
Meanwhile, TMG director Chief Superintendent Errol Pan insisted that the
incident was a result of a legitimate operation despite the findings of the
CHR that no shootout took place between officers and the three suspected car
thieves.
"We believe that TMG operation was legitimate. They (TMG operatives) are
ready to prove that," Pan said in reaction to the CHR findings.
He said that what CHR found was merely probable cause and that TMG personnel
can still defend themselves in court when the charges of murder are filedagainst them.
Pan was not yet chief of the TMG at the time of the shootout. He was
appointed months later after another group of TMG operatives nearly killed a
businessman whom they mistook for a car thief. With Cecille Suerte Felipe12
12http://www.philstar.com/metro/339311/murder-raps-recommended-vs-cops-ortigas-%C2%91overkill%C2%92
-
7/27/2019 Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
8/12
-------------------------
The horrible truth, according to the CHRFrom The Manila Times -- Editorial Opinion
"The horrible truth, according to the CHR"
AS many had feared, the death of the three men suspected of being carjackers
at the Ortigas Center, Pasig City, in the hands of Traffic Management Group
agents on November 7, 2005, was not legitimate but an act of murder.
In a disturbing but courageous report released Monday, the Commission on
Human Rights said the 10 TMG officers summarily executed the victims inside a
rented car near Garner Street and the AIC Gold Tower Bldg.
The CHR investigated the shooting immediately after the story broke in the
papers. In a 35-page report, the commission said it found probable cause to
charge the officers with multiple murder since the police operation was
feigned, premeditated and treacherous.
The TMG said its menmembers of Task Force Limbaswere waiting at the site,
acting on a tip that a group of carjackers was going to pass through. The
victims car matched that of the suspect vehicle. When the car appeared on
the scene, it allegedly refused to stop on signal. A gunbattle followed.
It did not happen that way, according to the CHR.
It is evident that when the victims were flagged downthe victims merely
stopped the car, but were suddenly met with gunfire from the state agents
herein who acted with criminal intent, the report said.
A government forensic expert advising the commission said her findings showed
that the victims did not fire at the officers. Hence, there could not have
been any shootout. There is no evidence to show that any of the three
occupants had fired his gun, the forensic expert Raquel Fortun said.
TV footage taken at the scene by an independent cameraman showed the officers
approaching the car and firing at the victims simultaneously. There appeared
to be no aggressive action or motion on the part of the occupants.
After the shooting, the officers made no attempt to take the mortally wounded
suspects to the nearest hospital, the report noted.
Commission Chairman Purificacion Quisumbing, apparently reminded by the
involvement of the police in inexcusable killings, said that they should not
use excessive force in carrying out their duties. In its annual reports, the
CHR has consistently cited the police as the leading violator of humanrights.
The media reported the Ortigas killing as another botched policeoperation,
the tendency of the law to commit mistakes, to ignore operational procedures
or abbreviate the rules of engagement. The case further blackens the image of
the Philippine National Police and the standards of our law enforcement here
and abroad. It certainly stains the national image.
-
7/27/2019 Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
9/12
The TMG officers will have a chance to defend themselves before the Office of
the Ombudsman, the National Police Commission or a court of law. At the CHR
hearings, they were given all the opportunity to explain their side. But they
refused to appear before the commission and relied on their lawyer to attend
in their behalf. That kind of defense does not bring out the truth. 13
SOLUTION
The government, particularly the Commission on Human Rights, Philippine National
Police, and Department of Justice, should not only file suspension against to offenders
nor filing criminal charges against them such as multiple murder particularly to Police
personnel, should they process the proceedings as fast, polish and fair as possible. On
the other hand, they should remove them permanently in their offices for there are
already manifestations of using their authority in treacherous way.
On the case of reenactment of criminal incident, the government, particularly the NBI
and PNP must initiate to find the two stuffs that were presented on the onset of
Atimonan incident, for they are still characterized as pieces of evidence. These missing
pieces of evidence may strengthen more the reason behind the rubout case and may
open new avenue for thorough investigation.
POLICY PROPOSAL
On Reenactment Case-
Policy Proposal #1:
All or Nothing- Since Reenactment aims to solve the incident by portraying what actors
have done before, during and after the incident, it is important that all evidences are
there for the accurate investigation. Reenactment should not make without the complete
reconstruction of the evidences.
Policy Proposal #2:
13http://www.clearfx.blogspot.com/2006/05/horrible-truth-according-to-chr.html
-
7/27/2019 Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
10/12
Reenactment will take place even if reconstruction of evidence is not as accurate per
se. Reconstruction deals with gathering tangible evidences and analyzing it, while
reenactment is acting on what was exactly happened in the incident.
On Police Operational Procedure-
Policy Proposal #1:
Since there is a rules that are being followed by Police Personnel, I think there is no
problem with the rules, but to the implementer itself. Grave punishments will impose to
the Police Personnel if they break the Operational Procedure to somehow threaten the
Police Officials or even personnel to abuse their authority.
POLICY RECOMMENDATION
On Reenactment Process-
Policy Proposal # 1: All or nothing-
As I read articles and news on social media site like blogger, yahoo news, Philippine
Daily Inquirer and the likes, I learned that reenactment is done after the reconstruction
of evidences relevant to the incident. In Atimonan incident, the reconstructions of
evidences were done by SOCO and members of Forensic Investigators assigned by
PNP to look after the case. However, the red bag and the brown leather clutch which
were also present in the incident were suddenly disappeared. Thus, we can contest the
accuracy of the reenactments that were done by group of De Lima is not as accurate as
what it should be.
Forensic Reconstruction can solve the case without conducting any reenactment of
incident, for the evidences in Atimonan Case was already present in the crime scene
such as the use of excessive force to the victims. If the purpose of the reenactment
process of the incident is to have an in-depth analysis of the case, they should first seek
the missing pieces of evidence in order for them to have a more realistic and accurate
conclusion.
-
7/27/2019 Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
11/12
All or nothing means that If PNP / DOJ or other concerned institutions wants to re-enact
what was happened in an incident, they must first secure all the evidence present in the
plot to conduct an reconstruction. If the evidences are all present, it is about time for
them to do a reenactment process for them to have an in-depth analysis of the incident.
On the other hand, if some of the evidence is missing, it is better for them to do a
reconstruction of evidences than to reenact it, for they would not attain the best
conclusion due to lack of evidence presented in the incident.
On Police operational Procedure-
Police personnel-
Police Personnel are the ones who maintain the safety and security of the people. More
so, they know very well the existing laws in our status quo. Thus, they must be a good
example of law-implementers, and not of law-breakers.
With the above points, I think it is justifiable if we will impose heavier punishments to
police personnel who will go against to the existing laws or procedures of police
operation to somehow lessen the abuse of power by Police Personnel that is vested to
them.
If you are about to contest the biases of this policy to police personnel, I think it is
justifiable and fair to them. Police Personnel and Citizen have equal rights on the
existing laws. However, Police Personnel and an ordinary citizen have their different
roles in our society. Ordinary Citizens are the followers of the law which are being
imposed by Law-making body. They do not know the existing laws as is, only the
general ones such as it is forbidden to steal the property of other people or to slay a
person. On the other hand, Police Personnel has the authority to defend and secure the
rights of the people. They are not law-makers, but they are the ones who implement itand they possess extra knowledge of the existing laws. With these, I think it is justifiable
to initiate heavier punishment to Police Personnel who will abuse their power and
distorts the process of operational procedures in line of their duty as law implementers.
-
7/27/2019 Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp
12/12
BibliographyBooks
De Leon, H. (2008). Textbook on Philippine Constitution, 2008 Edition. Manila, Philippines: RexBooks Store Inc.
Web Pages
http://www.thefreedictionary.com/Reenactment
http://forensicsciencecentral.co.uk/index.shtml
http://opinion.inquirer.net/48389/rubout
Torres, T. (2013). INQUIRER.net. January 9th, Wednesday
Retrieved from:http://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootout#ixzz2NTjkcUJz
http://www.abs-cbnnews.com/nation/regions/01/09/13/suitcase-missing-quezon-shootout
Placido, D. (2013). January 17th, ThursdayRetrieved from: http://www.abs-cbnnews.com/nation/01/17/13/de-lima-no-shootout-quezon
http://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootout
http://www.philstar.com/metro/339311/murder-raps-recommended-vs-cops-
ortigas%C2%91overkill%C2%92
http://www.clearfx.blogspot.com/2006/05/horrible-truth-according-to-chr.html
http://www.abs-cbnnews.com/nation/01/19/13/chr-slams-excessive-use-force-quezon-incident
PDF FILES
PHILIPPINE NATIONAL POLICE OPERATIONAL PROCEDURES MARCH 2010
http://www.thefreedictionary.com/Reenactmenthttp://forensicsciencecentral.co.uk/index.shtmlhttp://opinion.inquirer.net/48389/rubouthttp://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootout#ixzz2NTjkcUJzhttp://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootout#ixzz2NTjkcUJzhttp://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootout#ixzz2NTjkcUJzhttp://www.abs-cbnnews.com/nation/regions/01/09/13/suitcase-missing-quezon-shootouthttp://www.abs-cbnnews.com/nation/01/17/13/de-lima-no-shootout-quezonhttp://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootouthttp://www.philstar.com/metro/339311/murder-raps-recommended-vs-cops-ortigas%C2%91overkill%C2%92http://www.philstar.com/metro/339311/murder-raps-recommended-vs-cops-ortigas%C2%91overkill%C2%92http://www.clearfx.blogspot.com/2006/05/horrible-truth-according-to-chr.htmlhttp://www.clearfx.blogspot.com/2006/05/horrible-truth-according-to-chr.htmlhttp://www.abs-cbnnews.com/nation/01/19/13/chr-slams-excessive-use-force-quezon-incidenthttp://www.abs-cbnnews.com/nation/01/19/13/chr-slams-excessive-use-force-quezon-incidenthttp://www.clearfx.blogspot.com/2006/05/horrible-truth-according-to-chr.htmlhttp://www.philstar.com/metro/339311/murder-raps-recommended-vs-cops-ortigas%C2%91overkill%C2%92http://www.philstar.com/metro/339311/murder-raps-recommended-vs-cops-ortigas%C2%91overkill%C2%92http://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootouthttp://www.abs-cbnnews.com/nation/01/17/13/de-lima-no-shootout-quezonhttp://www.abs-cbnnews.com/nation/regions/01/09/13/suitcase-missing-quezon-shootouthttp://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootout#ixzz2NTjkcUJzhttp://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootout#ixzz2NTjkcUJzhttp://opinion.inquirer.net/48389/rubouthttp://forensicsciencecentral.co.uk/index.shtmlhttp://www.thefreedictionary.com/Reenactment