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Policing the Police. Atty. Alan R. Cañares Graft Investigation and Prosecution Officer 2 Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices.
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Policing the Police Atty. Alan R. Cañares Graft Investigation and Prosecution Officer 2 Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices
The Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices receives on the average 350 cases every month or some 4,000+ cases annually.
Distribution of Cases HRO:LRO = 1:12
Criminal Offenses Commonly Filed Against Police Officers • Threats and Coercion • Physical Injuries • Homicide (incl. Attempted and Frustrated)
Offenses Under the Revised Penal Code • Negligence and Tolerance (Art. 208) • Direct Bribery (Art. 210) • Qualified Bribery (Art. 211-A) • Indirect Bribery (Art. 211) • Fraud Against Public Treasury (Art. 213) • Malversation of Funds or Property (Art. 217) • Failure to Render Accounts (Art. 218) • Illegal Use of Funds or Property (Art. 220)
Offenses Under the Revised Penal Code • Conniving with or Consenting to Evasion (Art. 223) • Evasion through Negligence (Art. 224) • Infidelity in the Custody of Documents (Art. 226) • Maltreatment of Prisoners (Art. 235) • Abuses Against Chastity (Art. 245)
Other Offenses Under the Revised Penal Code • Arbitrary Detention (Art. 124) • Delay in the Delivery of Detained Persons (Art. 125) • Delaying Release (Art. 126) • Violation of Domicile (Arts. 128, 129, and 130) • Falsification of Documents (Art. 171) • Perjury (Art. 183)
Other Laws Violated • P.D. 1829 (Obstruction of Justice) • R.A. 7438 (Miranda Rights of Accused) • R.A. 9165 (Dangerous Drugs Law - Planting of Evidence) • R.A. 7610 (Child Abuse Law) • R.A. 9262 (Violence Against Women and Children) • R.A. 8049 (Anti-Hazing Law) • R.A. 9184 (Government Procurement Reform)
Direct Bribery • By agreeing to perform an act constituting a crime, in connection with the performance of official duties, inconsideration of any offer, promise, gift or present received by such officer; • By accepting a gift in consideration of the execution of an act which does not constitute a crime; • By refraining from doing something which it was his official duty to do in consideration of a gift received or promised.
It is committed by any public officer entrusted with law enforcement who refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift or present. Qualified Bribery
Indirect Bribery It is the acceptance of gifts by a public officer by reason of his office.
Presidential Decree No. 46 It penalizes any public official or employee who receives directly or indirectly any gift, present or other valuable thing on any occasion, including Christmas, when such gift, present or other valuable thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors or the giver hopes or expects to receive a favor or better treatment in the future.
Modes of Committing Malversation • By appropriating a public fund or property • By taking or misappropriating the same • By consenting another to take the public fund or property • By permitting any other person to take the same through abandonment or negligence
The return or restitution of the malversed property or fund will not exempt the accused from any criminal liability. But the return or restitution is mitigating.
Prima Facie Presumption of Malversation The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal uses.
Technical Malversation It is the application by a public officer of any public fund or property under his administration to any public use other than that for which such fund or property were appropriated by law or ordinance, even if there be no resulting damage or embarrassment to the public service.
Three Modes of Committing Arbitrary Detention • By detaining a person without legal grounds (Art. 124); • By failing to deliver a detained person to the proper judicial authorities within the reglementary period (Art. 125); • By delaying the performance of any judicial or executive order for the release of a prisoner or detention prisoner or by delaying the service of the notice of such order to the prisoner or the proceedings upon any petition for the release of such person (Art. 126).
Arbitrary detention is usually committed by a police officer who arrests and detains a person without a warrant issued by a court.
Warrantless Arrests • When in the presence of the arresting officer, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; • When an offense has in fact just been committed, and he has probable cause based on personal knowledge that the person to be arrested has committed it; • When the person to be arrested is a fugitive or escapee.
The reglementary period under Article 125 is continuous and not deemed suspended during the night or holidays when the courts are not open.
The term judicial authorities refers to the courts of law and not to the prosecutor. Bringing the person arrested to the prosecutor for inquest does not suspend the running of the period.
Modes of Committing Violation of Domicile • While not authorized by any judicial order, by entering any dwelling against the will of the owner, searching papers or effects found therein without the previous consent of such owner, or having surreptitiously entered said dwelling, and being required to leave the premises, by refusing to do so (Art. 128); • By procuring a search warrant without just cause or, having legally procuring the same, by exceeding one’s authority or using unnecessary severity in the executing the same (Art. 129);
Modes of Committing Violation of Domicile • Where a search is proper, by searching the domicile, papers or other belongings of any person, in the absence of the latter, any member of his family, or in their default, without the presence of two witnesses residing in the same locality
Doctrine of Hot Pursuit legitimizes entry and search even without a search warrant.
The establishment of checkpoints has been held valid by the Supreme Court as a legitimate exercise of police power of the State. However, the inspection is limited to a visual search and neither the vehicle itself nor the occupants are subjected to a search, unless the officers conducting the search has probable cause that the motorist is a law offender or they would find evidence of a crime inside the vehicle. (Valmonte v. De Villa; Aniag v. COMELEC)
Prohibited Acts under R.A. 7438(Miranda Rights of the Accused) • Failing to inform any person arrested, detained, or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice; • Failing to provide a competent and independent counsel to a person arrested, detained, or under custodial investigation if the latter cannot afford the services of his counsel;
Prohibited Acts under R.A. 7438(Miranda Rights of the Accused) • Obstructing, preventing, or prohibiting any lawyer, any member of the immediate family, or any medical doctor or priest or religious minister, or his counsel, from visiting and conferring privately with him, or from ministering to his spiritual needs at any hour of the day or, in urgent cases, of the night.
Sexual Harassment It is a demand, request or requirement of any sexual favor from a person who has authority, influence or moral ascendancy over another, regardless of whether the demand, request or requirement for submission is accepted by the object of the said act.
Work-Related Sexual Harassment The sexual favor is made as a condition in the hiring or in the employment, re-employment, or continued employment of a person, or in granting said person favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee, or the above acts would impair the employee’s rights or privileges or the acts would result in an intimidating, hostile, or offensive environment for the employee.
Hazing defined Hazing is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority, or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish or similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.
The mere presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable therein.
