Integrity in Peril

Hole of Justice

By Peter G. Jimenea

Aksyon Radyo Under Attack

The PNP is indeed between us and crime. But policemen must have a continuing education because we have plenty of police officers who, deliberate or not, have stepped-over-the line of pardonable behavior. This 

is alarming.

Last Saturday evening, a PNP-SWAT team raided the broadcast station 

of Aksyon Radyo and declared that all people in the room are suspects and under arrest. But instead of reading to their suspects the Miranda Doctrine, the police maltreated them like criminals.

Not only that. They even ordered the two male employees to undress. On why, they have yet to say. But it creates a bad impression without affirming the perception that some SWAT personnel desire to see the hidden toys, not firearms of the male employees.

 I don’t want to think that some uniformed SWAT personnel are also members of the Federacion de las Aguilas. Their raid of the broadcast station is allegedly in pursuit of a person who escaped to this building after committing a crime at SmallVille.

Is this claim valid enough to get them off the hook easily?  I think the SWAT team should train more on police matter than warfare. The SC is keen in observance of the basic Constitutional rights as a condition sine qua non against unlawful arrest and the awesome investigative powers of the police.

The presumption of regularity in the performance of duty by a police officer cannot by itself override the constitutional right of the citizens to be secured in person, houses, papers and effects against unlawful search and seizure.

A Search Warrant, not a Warrant of Arrest is required before the law enforcers can validly search or seize a person, house, papers or effects of any individual. The law attaches to it ART. III Sec. 3 (2) of the Bill of Rights that any evidence obtained in violation of this section shall be inadmissible in Court.

This might be one of the reasons why so many drug cases that had been filed were dismissed by the Court. The well-recognized instances where search and seizure are allowed even without a valid warrant -are warrantless search incidental to lawful arrest.

The elements are: a) prior intrusion based on the valid warrantless arrest in which the police are present in pursuit of their official duties; b) the evidence was discovered by the police who have the right to be where they are; c) the evidence must be immediately apparent; and d) the plain view justified seizure of evidence without further search.

This reminds me of a former chief of police of Ajuy, Iloilo. He arrested a barangay chairman in the turf of the latter for illegal possession of firearm. Sad to say, the SC eventually declared that his position was nullius juris – without support of law.

He lost, but I gave him the credit for this land mark decision; “In the performance of his peace and order functions, the Brgy. Captain is entitled to possess and carry firearm within his territorial jurisdiction subject to appropriate rules and regulations on possession and carrying of firearms.” ( G.R. No. 190569, April 25, 2012).

We noticed that the SWAT raid in Aksyon Radyo dressed in full battle gear is like an action packed police operation that when the smoke cleared all suspects must be dead. They should know that extreme enforcement of law may lead to injustice. (Berico vs. CA, 225 SCRA 562).

The PNP hierarchy must take a drastic move to curb this problem. This is a threat to police integrity. If we let go the problem unabated, it will only redound into a scroll that forms the basis of blasphemy. Well, I hope to have made your day in this column. You ask for it, unlike me who asks others to make my day!!