Mass Resignations of the PNP Top Brass Is the New Way to Fight Drug Trafficking

In the Philippines nobody has workable solutions to the problems plaguing the nation. There are band-aid solutions and magical solutions (astronaut food pills for the poor??) but no one wants to stick to the solutions that are provided for within the confines of the law. Remember when the PNP Chief thought cleaning up their stations would instill discipline and weed out corruption? How about Duterte's pay raise? That was also supposed to put an end to corruption within the PNP. The PNP even resorted to using a Scientology course to stamp out corruption.

Now comes another brain-dead idea on how to weed out corruption in the PNP: mass resignations.

https://news.abs-cbn.com/video/news/01/07/23/marcos-jr-pnp-mass-resignations-new-tack-vs-drug-trafficking

That's right. The idea of asking the PNP's entire top brass to offer courtesy resignations was not a whim of DILG Secretary Abalos but was the plan of Marcos Jr. all along. 

https://newsinfo.inquirer.net/1713392/weeding-out-ninja-cops-part-of-new-drug-war-approach

Marcos was first asked if he had greenlighted the appeal of Interior Secretary Benjamin Abalos Jr. for all police colonels and generals to tender their courtesy resignation in a bid to purge the Philippine National Police (PNP) of any link to the illegal drug syndicates.

“We have been planning this for a while. Let me be very clear. Remember, during the campaign, when I was being asked about what I will do for the drug war or the drug problem. This is it. We approach it in an entirely different way,” he told reporters.

Marcos said this was part of their efforts to cleanse the police ranks and ensure that the officers who remain in service are not involved with criminal drug syndicates.

"We know that the drugs will not be a problem if syndicates are not allied with some people in the police force. That’s why we must thoroughly look into who is good and involved. Who are really involved? And who will no longer be allowed to return to the service because of their association with drug lords?" he added.

Marcos reiterated that a committee will be formed to review the records of the police officers, and those cleared will be “slowly reinstated.”

“And maybe, we’ll have to decide: What do we do with those implicated to be involved in the drug trade? So we’ll see first. Maybe we’ll file cases against those with severe cases. We’re not yet there,” he added.

Marcos underscored the need to mount sufficient evidence against drug-involved PNP officers before filing a case before the court.

"Speculations and gossip about who is involved here and who is involved there, we’ve gone through that. It didn’t work, so we need to make sure that if we’re going to be filing cases, we’ll win them and really put those proven to be involved in the drug trade behind bars."

While an investigation is underway into whether police personnel have ties with illegal drug syndicates, Gen. Rodolfo Azurin Jr. and PNP director General Abalos have said that all PNP colonels and generals are expected to perform their duties and responsibilities as usual.

Duterte's way of dealing with the drug problem was killing everyone and Marcos Jr's way is to ask the top PNP brass to resign so they can be investigated for ties to the drug trade. But what is stopping anyone from investigating these men sans a resignation? And its not even a real resignation as everyone is still expected to continue doing their duties. This is nothing less than a total farce. 

What about all the officers in the lower ranks who are involved in the drug trade? Why not have the entire force tender courtesy resignations? Or better yet why not investigate every single PNP officer? The amazing thing is that everyone is eating up and praising this scheme as if it will actually put an end to corruption. The Commission on Human Rights says this is just the first step in the pursuit of justice.

https://newsinfo.inquirer.net/1713491/chr-says-asking-pnp-officials-to-resign-only-the-first-step

“While we acknowledge Department of the Interior and Local Government (DILG) Secretary Benjamin Abalos Jr.’s expeditious approach, it must be stressed that accountability must be carried out to its fullest extent,” CHR said.

“A resignation or removal from office may only be the first step in the pursuit of justice, and not an omission of liability. In this case, if allegations are proven to be true, criminal and administrative charges should be filed against erring police officers of the [PNP],” it added.

Last Wednesday, Abalos made a surprise announcement, saying that a five-person committee would be tasked to review the profiles of police colonels and generals.  The Department of the Interior and Local Government (DILG) chief said that they arrived at the decision because they fear high-ranking officials may be involved in the drug trade already.

Then on Thursday, PNP chief Gen. Rodolfo Azurin Jr. announced that he and his command group have submitted their courtesy resignations, urging other officials to do the same.

CHR noted that they acknowledge the changes that the current administration is trying to implement regarding the drug war — which is a shift from being merely a police matter to demand reduction and rehabilitation.

Despite this, CHR said that they would still like to emphasize that due process must always prevail.

How does asking the entire top brass of the PNP, none of who have been accused of drug trafficking, fall under due process? It doesn't. 

Oddly enough these mass resignations are being touted as a way for the PNP to restore trust with the public. 

https://www.pna.gov.ph/articles/1192054

Senator Ramon Revilla Jr. on Thursday said the call of Interior Secretary Benhur Abalos Jr. for senior officers of the Philippine National Police (PNP) will be good for confidence-building between the organization and the public.

In a statement, Revilla said this will show that everyone is accountable and no one is untouchable in the government.

"Even the Chief PNP and chaplains are not spared. This shows that everyone is united in restoring public trust in the police especially the highest-ranking officers," he said.

He said there is nothing wrong with Abalos' call, saying the courtesy resignations will not be an indictment against the PNP, but a measure that shows the police organization serves at the pleasure and the best interest of the public.

"The PNP holds its personnel to the highest standards especially those who are in the lower ranks that we see everyday. It's good to show that the organization also holds those in the highest ranks to at least the same standards," Revilla said.

What is the standard that the top brass is being held to exactly? None of them have been accused of a crime yet they have all been asked to resign in order to be investigated for perhaps having committed a crime! Of course they will still have to remain on the job which is not much of a resignation. Furthermore those who do not offer their resignation will be considered questionable!

https://news.abs-cbn.com/news/01/05/23/pnp-chief-azurin-submits-courtesy-resignation

"I heed the call of the Honorable Secretary of the Interior and Local Government and the concurrent chairman of NAPOLCOM (National Police Commission). Thus, I am submitting my resignation from the police service voluntarily," Azurin wrote in a letter addressed to President Ferdinand Marcos Jr.

Azurin also wrote that he would allow himself to be evaluated and assessed by a committee created by Marcos to determine if he was in any way involved in the narcotics trade, or if he had been tolerating police officers who were.

He also noted that his resignation would also be considered an application for his retirement, adding that he supports Abalos' call to "rid the PNP of misfits and scalawags." 

 

Abalos earlier said those who offer courtesy resignations could continue working while their records were assessed by a 5-member committee. Those found guilty would have their resignations accepted, he said. 

"If you're not involved, there's nothing to worry about," he said in a press conference, noting that anyone who did not tender their resignation would be "questionable."

"This is the only way to cleanse the ranks in a fast manner," Abalos said. "It's difficult to fight a war when it's your ally that will shoot you in the back."

Abalos said that Azurin himself had recommended the move.

It is not the first time such drastic measures have been used to clean up the Philippine police force.

Former president Fidel Ramos cracked down on police in the early 1990s, ordering all officers over 56 years of age or with more than 30 years of service to resign. The chief of the national police and 9 other senior officers resigned as a result. 

So far there has been no explanation as to exactly how asking every member of the top PNP brass to resign will cleanse the ranks. And what about those in the lower ranks? Corruption happens down there too. It is not limited to the top brass.

https://www.pna.gov.ph/articles/1192405

Brigadier Gen. Pablo Labra II, the director of the Police Regional Office in the Caraga Region (PRO-13), has welcomed the promotions of 1,379 police personnel in the region and told them to refrain from "any forms of corruption and malice."

Labra led Tuesday the mass oath-taking, and the donning and pinning of ranks to the newly-promoted Police Commissioned Officers (PCOs) and Police Non-Commissioned Officers (PNCOs) in the region.

“Continue doing what is right and never get discouraged by any circumstances that may try to challenge a person’s faith in himself, his job, and his organization,” Labra told the newly-promoted officers.

He also encouraged them to continue to "live for the purpose of serving and protecting the country and people."

At least 93 PCOs in PRO-13 got their promotions this year that included three majors, 80 captains, and 10 lieutenants.

Likewise, 1,286 PNCOs were also promoted comprising 66 executive master sergeants, 105 chief master sergeants, 126 staff master sergeants, 119 master sergeants, 229 staff sergeants, and 641 corporals.

“To everyone, do not engage in any illegal activities. Refrain from doing any forms of corruption and malice that may tarnish the uniform we wear,” Labra said.

Why not have every single PNP officer tender a courtesy resignation?

To show just how stupid this whole charade is and how the call for the top brass to resign is nothing but a deceitful piece of theater just take a peek at the following.

https://www.pna.gov.ph/articles/1192480

Philippine National Police (PNP) chief Gen. Rodolfo Azurin Jr. said police officials who have submitted their courtesy resignations will undergo a lifestyle check.

Speaking to reporters on Tuesday, Azurin said the measure is part of the investigation to be conducted by the five-man committee tasked to assess their courtesy resignations and will issue a recommendation to President Ferdinand R. Marcos Jr. on whether to reject or accept the same.

“As of now we need to ask the members of the committee about the other procedures to be undertaken, but definitely that would be part of the investigation or inquiry that will be conducted by the committee to assess and evaluate all third-level officers,” Azurin said.

The PNP personnel undergo yearly lifestyle checks in accordance with Republic Act 3019 or the "Anti-Graft and Corruption Practices",and Republic Act 6713 or the "Act Establishing a Code of Conduct and Ethical Standards for Public Officials and Employees."

Meanwhile, PNP spokesperson Col. Jean Fajardo said around 70 percent of all police generals and colonels have already submitted their courtesy resignations.

Fajardo said they are still checking if the 10 police officials purportedly involved in the illegal drug trade have already submitted their courtesy resignations.

“Right now we don't have information on what the Chief PNP mentioned earlier that less than 10 are being targeted by the investigation if they are included in more or less 70 percent and we will find out and give an update when we get the data,” Fajardo said.

The PNP Chief has said there are LESS THAN 10 top officials who are allegedly involved in the drug trade and yet the entirety of the top brass, which is about 950 men, are being forced to hand in their resignations. Why not just go after the less than 10 officials who are known to be involved in the drug trade?? And what is the good of doing lifestyle checks when these are done EVERY SINGLE YEAR!? Did the results from last year turn up anything damning? 

Thankfully at least a few cops are questioning this order.

https://newsinfo.inquirer.net/1715522/resignation-call-divides-pnp

Some top Philippine National Police officials are having second thoughts about heeding Interior Secretary Benhur Abalos’ appeal to voluntarily step down to pave the way for the government’s campaign to rid the organization of policemen with links to illegal drugs.

In a phone interview with reporters on Wednesday, PNP spokesperson Police Col. Jean Fajardo said that out of the 956 police generals and colonels who were expected to submit courtesy resignations, around 70 percent or more than 600 had already complied as of Tuesday evening. According to Fajardo, they were hoping that the rest would follow suit by the end of the month.

“We cannot deny that there are some senior officers who have reservations [about] submitting their courtesy resignation,” she said, adding that some had questioned the need for it when those with possible links to the illegal drug trade had already been identified.

“We cannot deny that if one or two PNP personnel are identified and [discovered to be] involved in illegal drugs, [they are not the only ones] being implicated in illegal drug activities, but it is the whole organization,” Fajardo said.

“Once and for all, we need to step up and take the lead of making the supreme sacrifice of submitting our courtesy resignation,” she stressed.

"The supreme sacrifice of submitting our courtesy resignation?" How is that "the supreme sacrifice?"

The fact of the matter is that this new way of weeding out corruption is already a failure as the DILG has admitted that cops found to be involved in drugs but for whom there is not a strong enough case will be allowed to retire in peace.

https://newsinfo.inquirer.net/1716382/abalos-if-case-weak-vs-narco-cops-let-them-retire-peacefully

Senior police officers who are found to be involved in illegal drugs but the evidence against them isn’t “that strong” will be allowed to retire in peace and will not be subjected to public shaming, Interior Secretary Benhur Abalos said on Friday.

Abalos said there was no need to publicize the names of the police officials whose courtesy resignations would be accepted by President Marcos due to their involvement in the illegal drug trade.

“This is a radical move. Like what I have said, extraordinary times call for radical and bold actions. This is out of the box. In the same token let’s say if you receive a resignation, let them retire silently,” he said during a press conference at Camp Crame.

“Now, if we have enough evidence that would build up criminal cases, pursue them in court as mandated by law. If not, if you do not have that strong evidence but it was seen that they had involvement, let them retire peacefully,” he added.

Abalos clarified that even with the quiet exit of these police officials, “the monitoring and investigation on them must continue” to gather evidence that would lead to their eventual prosecution “because what is important is to eradicate the problem of drugs once and for all.”

Letting known corrupt cops off the hook to retire quietly while still tracking them to build a case is not a radical and bold action. That is a flagrant neglect of the rule of law which contradicts the alleged purpose of requesting the top brass to resign. And who knows but the entire scheme is really a targeted purge that does not require the filing of formal charges and has nothing to do with weeding out corruption.

This pointless exercise is akin to killing a fly with a hammer. It makes no sense, it is redundant, and the intended goal of weeding out corruption will not be met in this manner. If the law were followed and executed properly on a regular basis there would be a lot less problems. If corrupt politicians and bureaucrats knew they would be held accountable for any crimes they commit perhaps they would think twice about stepping out of line. As it is the PNP admits they know exactly who might be involved in the drug trade but instead of going after them by quietly building a case through investigative police work the government chooses this route. It is a farce on a grand scale and the fact that everyone is going along with it is quite maddening. 

PNP Wants Complaint Against Abusive Cop Dropped “In the Spirit of Christmas”

The PNP claims to be serious about going after rogue cops. But in the case of Police Corporal Marvin Castro in Manila the PNP seem to no care about his misbehavior. 

https://www.gmanetwork.com/news/topstories/metro/854980/manila-cop-in-hot-water-over-confrontation-with-ust-judo-juniors-team-members/story/

A policeman in Manila is in hot water for allegedly bringing out his service firearm during a confrontation with members of the UST Judo Juniors Team, according to Darlene Cay's report on Unang Balita on Tuesday.

The report said six jubilant members of the team aged 12 to 17 years old were walking along a street in Sampaloc, Manila around 9:30 p.m. on Sunday following a victory in a competition when they were approached by the policeman for being noisy.

(We thought at first that he would just congratulate us, but he was aggressive.)

The policeman allegedly brought out a handcuff and invited the team to board a police mobile. When they students refused, the policeman allegedly brought out his service firearm.

(He held his gun. He said he did that because I was looking at his gun. That's unlikely.)

Another member of the team said they panicked because they did not know what to do.

(We really did not know what to do. Of course we are just kids. Who would want someone to bring out a gun in front of you.)

The students, who were still wearing their uniforms and medals, then contacted their coach.

The policeman, identified as Police Corporal Marvin Castro, apologized to the students and their parents and coaches when they faced each other at the barangay hall.

(They were not listening to me. I was asking them to stop but they would not stop.)

Castro said he felt threatened by the team.

When the parents brought the issue to the police station, a parent said they were urged to just drop the complaint in the spirit of Christmas.

(They asked us to drop the complaint in the spirit of Christmas. They asked us to just talk to Castro because they said he is a good cop. But what if something happened to our children? What about the psychological effect on them?)

The Manila Police District (MPD) is already looking into the incident.

According to MPD director Police Brigadier General Andre Dizon, Castro felt "imminent danger" in the presence of the students.

(We he confronted them, the students moved as if they were about to attack him, which prompted him to hold his gun, according to our station commander. He just made sure that he would be on self-defense. As long as he did not point the gun at somebody, then it shows that he had no intention of firing it.)

Castro has been barred from doing rounds in the area while the investigation is ongoing. He was also asked to surrender his service firearm.

Officer Castro confronted a group of students, threatened to arrest them, and even pulled out his service weapon. The parents of the students brought a complaint to the local police station but instead of reprimanding Officer Castro the parents were implored to drop the complaint "in the spirit of Christmas" because he is a good cop!

Does that sound like the PNP are serious about getting all the rotten eggs and rogue cops off the force? Maybe at heart Castro is a good cop. Maybe he just got flustered and misinterpreted the intent of the students who were celebrating a victory for their judo team. Or maybe this cops has a history of going off the rails and power tripping. Either way for the PNP to suggest these parents dismiss the complaint  against a misbehaving officer "in the spirit of Christmas" just shows they are not serious in getting rid of abusive rogue cops. 

Journalist Arrested for Cyber-libel While Jogging Showcases Bad Media and PNP Practices

Without a doubt Philippine media is a crazy world. Many times it is a violent world for journalists who stoke the ire of a local politician. President Duterte even condoned such violence saying it was deserved. Maybe one of the worst aspects of being a Philippine journalist is the libel law which makes such an offense not civil but criminal. That means jail time for those convicted of reporting something someone did not like. Let's take a look at one recent case and see how it was reported in the national media. 

First up is the PNA which is the government's propaganda outlet. 

https://www.pna.gov.ph/articles/1182384

The Philippine National Police (PNP) announced Sunday it has arrested a journalist who was issued six warrants during an operation in Pasay City.

PNP Chief Gen. Rodolfo Azurin Jr. said Oswaldo Carbonell alias Waldy Carbonell, 79, who was also a political commentator, was nabbed after being served the warrant of arrest by the Criminal Investigation and Detection Group (CIDG) at the parking lot of a mall around 9:30 a.m.

Citing a report, Brig. Gen. Ronald Lee, CIDG director, said Carbonell was arrested on orders of Presiding Judge Bonhoefer Vergara Bernardez of the First Judicial Region, Regional Trial Court Branch 15 in Laoag City, Ilocos Norte.

The newsman was issued six separate warrants of arrest for Violation of Republic Act 10175 (Cybercrime Prevention Act of 2012) dated Oct. 21, 2021 with PHP72,000 bail recommended for each case.

Upon arrest, Carbonell was apprised of his constitutional rights and the nature of his offense and was immediately brought to the CIDG Northern District Field Unit office for documentation and booking procedure.

The CIDG will duly inform the court of the successful implementation of the warrant of arrest, Azurin said.

“The PNP through Anti-Cybercrime Group (ACG), as the prime mover in investigating cybercrimes, has been dealing with cases involving online fraud, human trafficking, theft, hacking, cyberstalking, and other unlawful acts. (Your police force will ensure that anyone who violates the law is held accountable and will face the appropriate penalty imposed by the court)," the PNP chief said in a statement.

Carbonell had previously said that the cyber libel complaints were filed against him by Piddig, Ilocos Norte Mayor Eduardo Guillen. No other details were available on the charges

In this version of the story Oswaldo Carbonell was arrested by the PNP for six cyber libel complaints which were filed by Piddig, Ilocos Norte Mayor Eduardo Guillen. No details on the nature of the charges are available. That is quite strange because in Philstar's version of this story we get a lot more details about the charges. 

https://www.philstar.com/headlines/2022/08/29/2205839/journalist-arrested-cybercrime-cases-filed-ilocos-mayor

Oswaldo Carbonell, also a political commentator, was arrested by a team from the Philippine National Police Criminal Investigation and Detection Group (CIDG) at a mall in Pasay City.

He was arrested based on six separate arrest warrants in violation of Republic Act 10175 or the Cybercrime Prevention Act of 2012 issued by Laoag City, Ilocos Norte Regional Trial Court Branch15 under Presiding Judge Bonhoefer Vergara dated Oct. 21, 2021.

Bail is set at P72,000 per case.

Piddig, Ilocos Norte Mayor Eduardo Guillen filed the cases against the 79-year-old Carbonell after he reported the local official’s graft case on his YouTube page.

In a YouTube video last month, Carbonell said the mayor filed the charges because he did not get his side before publishing the videos.

“The mayor charged me for not getting his side on his graft case and accused me of not being fair,” he said in Filipino in a video uploaded in December.

“But I know my rights. It is his right to that I ask him, but it is also my right not to ask him because I know his case,” he added in the video.

In this article we are told that the libel charges filed against Oswaldo Carbonell are because of allegations he made that the mayor had a graft case and he did not get the mayor's side before publishing his vidoes.  What the exact nature of those graft charges against the former mayor might be is not clear and a Google search turns up nothing. 

Why wasn't the PNA able to report on this level of detail about the charges against Carbonell? But this is not all. We get more details about the arrest in the Daily Tribune.

https://tribune.net.ph/2022/08/29/journalist-nabbed-while-jogging/

Broadcaster Waldy Carbonnel was arrested Sunday morning while jogging along Roxas Boulevard in Pasay City to face six counts of cyber libel filed against him in Ilocos Norte.

Bail was set for the 79-year-old Carbonnel at P72,000 for each of the six counts of the complaint filed before Judge Bonhoeffer Bernardez of the Laoag City Regional Trial Court Branch 15.

The journalist was arrested by undercover personnel of the Caloocan City police criminal investigation and detection group at about 9:30 a.m. near a shopping mall.

On 30 October last year, Carbonnel said in a Youtube post that Piddig, Ilocos Norte Mayor Eduardo Guillen filed the cyber libel case against him.

In that posted video, Carbonnel accused the Piddig government official of involvement in graft and corruption, as well as some radio commentators of having been paid to malign him.

This version tells us everything we need to know. Carobnell was arrested while jogging, the charges have to do with him accusing the former mayor of graft, and these charges were filed last year by at least October 30th. Now, why couldn't the other news sites get all this information in one story? Why does the PNA give us the least information? That is the government's propaganda arm and should be the most informative and trustful but we see here that it is actually the least informative and least trustworthy. 

Aside from all that why did almost a whole year pass between filing charges and an arrest? Why did he PNP think it needful to arrest Carbonell while he was out for a jog? They could and should have arrested him at his residence which just so happens to be the radio station where he works. 

The radioman whose real name is Oswaldo Carbonell was ordered arrested by Judge Bonhoefer Bernardez of the Laoag City Regional Trial Court Branch 15 in Ilocos Norte on October 21, 2021.

The Ilocos Norte judge recommended a P72,000 bail for each case filed against Carbonell who stays at the DWBL station located at the Paragon Plaza building in EDSA corner Reliance Street in Mandaluyong City.

https://journalnews.com.ph/cidg-ncrfu-agents-nab-broadcaster-for-cyber-libel/

Look at that. In this final article we learn that the warrant was filed on October 21, 2021. So, why did the PNP wait almost a whole year before executing it and then execute in such a strange fashion with undercover cops while Carbonell was out for a jog! That would have been quite dangerous if Carbonell had decided to not cooperate. Why take that risk?

Everything about this incident is suspect. From the actions of the PNP to the media coverage it is all awful. Now, I know there are those out there who talk about media reform but they don't mean actual reform like getting the media to report all the facts. No, they mean the media must say nice things about the Marcos family and stop truthfully reporting on their crimes and lies. In fact, no negative news should be reported at all whatsoever because the Philippines is safe and crime free and a total paradise thanks to Duterte and Marcos. What a lot of balderdash that is!

Here is a case where the faults of the Philippine media are on full display, especially the government-run PNA. Will anyone speak out? Doubtful!

Hit and Run Case Exposes the Inefficiency of the Philippine Justice System

The Philippine justice system is incredibly broken. What better way to illustrate this fact than the recent story about an SUV driver who ran over a security guard.  Let's take a look at the headlines in chronological order which tell the whole story.

https://newsinfo.inquirer.net/1607238/security-guard-intentionally-run-over-by-suv-in-mandaluyong

A security guard sustained multiple injuries after a sport utility vehicle (SUV) he was trying to stop at an intersection in Mandaluyong City rammed him on Sunday.

Christian Joseph Floralde, in a viral dashcam footage posted on Facebook, was shown enforcing the traffic flow near a mall at the intersection of Julio Vargas Avenue and St. Francis Street in Mandaluyong when he tried to stop a white SUV.

The driver suddenly ran over him and fled the area, leaving Floralde down on all fours.

The 31-year-old victim, who sustained an abrasion on the head and had difficulty in breathing, is currently in the intensive care unit of the VRP Medical Center.

The Mandaluyong City Police Station and the Land Transportation Office(LTO) have identified the driver, who was not named due to data privacy.

In a show-cause order, Renante Melitante, officer in charge of the LTO’s intelligence and investigation division, summoned the identified owner of the vehicle on Tuesday for “intentionally” hitting the traffic enforcer, which resulted in physical injuries.

The driver was also directed to submit a written comment or explanation on why he should not be charged for reckless driving and duty of driver in case of accident under Republic Act No. 4136.

Because of the gravity of the incident, the LTO said the drivers’ license was also preventively suspended for 90 days and his motor vehicle record will be placed “under alarm” to prevent any transaction while the investigation is in progress.

Right way in the first report of this story we can see the problems. The LTO had identified the driver but instead of issuing a warrant of arrest the LTO asked the driver "to submit a written comment or explanation on why he should not be charged for reckless driving." Incredible!  They have this man on camera running over a security guard and instead of apprehending him he is asked to write an essay on why he should not be charged.

Later that same day the PNP said the driver MAY face frustrated murder charges.

https://www.philstar.com/nation/2022/06/07/2186705/driver-hit-and-run-guard-slapped-frustrated-murder-mandaluyong-pnp

The driver behind the wheel of an SUV filmed running over a security guard twice may face frustrated murder and abandonment of one's own victim raps for his actions, the Philippine National Police in Mandaluyong City disclosed Tuesday. 

Police Col. Gauvin Mel Unos, chief of Mandaluyong City police confirmed the development, per a report by CNN Philippines, adding that initial investigation showed reckless imprudence resulting in physical injuries as an initial charge.

According to Unos, the guard in question survived the incident in the viral video that has since gone viral on social media. He is also still the nominal complainant duly represented by his brother.

Here is another problem. The complainant should not be the victim. It should be the State. The State, the DOJ, the local District Attorney, should be the one to file charges against the driver. Instead of that the Philippines leaves it up to private prosecution which many people cannot afford and thus criminals go free. 

The SUV driver remained at large for 10 days. During that time the PNP exhausted all their resources to bring this man to justice.

https://www.pna.gov.ph/articles/1176513

Philippine National Police (PNP) officer-in-charge Lt. Gen. Vicente Danao Jr. on Monday dared the driver of the sports utility vehicle (SUV) implicated in the hit-and-run of a security guard in Mandaluyong City to surrender to authorities.

"I challenge you, Mr. San Vicente. You do not want to surrender, right? It only means one thing, perhaps you are an addict. Why don’t you want to surrender? Because no person in his right senses will do that. You hit a person, and instead of stopping, you ran over the person," Danao said in a press briefing in Camp Crame.

He said criminal charges were filed against the owner of the SUV, registered under the name of Jose Antonio San Vicente.

PNP spokesperson Col. Jean Fajardo earlier said complaints of frustrated murder and abandonment of one’s own victim in violation of Article 275 of the Revised Penal Code were filed by the Mandaluyong police against the owner of the vehicle before the city prosecutor’s office.

“Remember, the PNP already filed the case against you and you take note that we are just waiting for the warrant (of arrest) to come out. I am giving you a fair warning,” Danao said.

Philippine National Police (PNP) officer-in-charge Lt. Gen. Vicente Danao Jr. says charges had been filed against the driver yet no warrant had been issued. Instead of sending his men to apprehend him he dared the man to surrender and accused him of being a drug addict. But it gets even better.

https://newsinfo.inquirer.net/1611076/pnp-to-suv-owner-in-mandaluyong-hit-and-run-show-proof-you-werent-driving

he Philippine National Police (PNP) on Wednesday admitted having “no proof” that Jose Antonio Sanvicente, owner of the sport utility vehicle (SUV) that ran over a security guard in Mandaluyong, was driving the car during the incident.

However, the hit-and-run suspect has to show proof that he wasn’t the one driving the car that ran over Christian Joseph Floralde, who was directing traffic at the intersection of Julia Vargas Avenue and St. Francis Street last June 5.

“We have no proof that Mr. Sanvicente was the one driving the car, but we also have this registered owner rule,” PNP spokesperson Police Col. Jean Fajardo said over ABS-CBN News Channel’s Rundown.

Fajardo was referring to a legal principle of holding accountable the “registered owner of a vehicle whose operation causes injury to another.”

She said that while there is a presumption that Sanvicente was driving the SUV during the incident, it may be disproved “if the registered owner can present evidence that the vehicle involved in the case has been transferred to another person or there is someone driving other than him.”

Complaints of frustrated murder and abandonment of one’s victim have been filed against Sanvicente, and is currently under preliminary investigation.

The Land Transportation Office has also revoked his license after he failed to show up for two hearings that summoned him to explain the hit-and-run incident to the agency.

He was also “perpetually disqualified” from getting another driver’s license and driving a motor vehicle.

The Department of Justice (DOJ) Secretary Menardo Guevarra on Tuesday placed Sanvicente under the government’s Immigration Lookout Bulletin Order, which enjoins the Bureau of Immigration to monitor and inform authorities should the subject attempt to leave the country.

The order, however, does not legally bar him from departing the Philippines, according to the DOJ.

Now the PNP says they don't have any proof that the man they filed charges against was actually driving! The LTO shows they don't care about due process because not only have they revoked the man's license but they have barred him from ever getting a driver's license in the future. The DOJ put an immigration look out for the man but that order is toothless because it did "not legally bar him from departing the Philippines." What a circus!

Finally after 10 days the man surrendered. But instead of parading the man in handcuffs and exhibiting to the nation his mugshot the PNP had a press conference.

https://newsinfo.inquirer.net/1611505/hit-and-run-driver-apologizes-as-pnp-gives-him-media-time

A 34-year-old man who was seen on a viral video driving a car and running over a security guard manning traffic close to a mall in Mandaluyong City finally presented himself on Wednesday to the police, who had been searching for him for the past 10 days after the hit-and-run.

Jose Antonio Sanvicente, accompanied by his parents and a lawyer, showed up at the Philippine National Police headquarters in Camp Crame, Quezon City, and apologized to security guard Christian Joseph Floralde.

Sanvicente was not locked up by the police and walked free from the police camp after a half an hour press conference with PNP officer in charge Lt. Gen. Vicente Danao Jr.

“My apologies for what happened. My apologies to Mr. Floralde and his family,” Sanvicente said, speaking through his face mask.

It was his lawyer, Danilo Macalino, however, who did most of the talking. Macalino explained that whatever statements made by Sanvicente during the press conference might prejudice the cases against him in connection with the June 5 incident.

On the part of the PNP, Danao said they considered the case “solved.” After his angry tirades against Sanvicente for hiding after the incident and suspecting him of being a drug addict without basis, Danao declined making further comments.

“So, we are now leaving to the prosecutor’s office and to the courts, to answer the matters at hand,” a calmer and composed Danao told reporters.

“We do not want to further comment because it might prejudice the results of the matter at hand,” he said.

Danao said that the police could no longer detain Sanvicente because the time for that had already lapsed.

The police charged Sanvicente with frustrated murder and abandonment of his victim.

The period during which an arrested suspect can be detained before he is booked for inquest for frustrated murder is 36 hours after the alleged crime.

What kind of twisted nonsense is this. If I had to guess I would say Sanvicente lawyered up immediately and was told to lie low until the time allowed to detain him without a warrant had passed. Then upon the advice of his lawyer he surrendered and let the lawyer do most of the talking. He also apologized and admitted he ran over the security guard!! He admitted to the crime and the PNP let him go! It is incredible that this man was charged with frustrated murder and was allowed to go free. Has the PNP not had enough time to get a warrant?? 

Having a press conference was certainly the least helpful thing the PNP could have done in this situation. In fact the PNP admitted they gave the man too much media time which favored him.

https://newsinfo.inquirer.net/1611804/pnp-official-admits-mandaluyong-hit-and-run-suspect-got-more-media-mileage-after-presser

“I am with you on that,” Police Director for Operations Maj. Gen. Valeriano De Leon said in an interview on Teleradyo when asked about the observation of social media users that the PNP’s press conference appeared to have favored the suspect more than the victim.

De Leon claimed that was not the intention of the press conference, as the PNP merely wanted to present the suspect to the media.

Really?  They only wanted to present the suspect to the media? Then what is this:

https://twitter.com/iamsallyboi/status/1537352796009156608

Now the perpetrator is playing victim!

https://newsinfo.inquirer.net/1611360/mom-worries-for-sons-future-following-viral-video-of-hit-and-run-incident

The mother of the sports utility vehicle driver who ran over a security guard in Mandaluyong City is fearing for her son’s future, as the now-viral incident may have a negative impact on his life.

In a briefing in Camp Crame after the Toyota RAV4 owner Jose Antonio Sanvicente surrendered on Wednesday, his mother was asked about how the family felt after the incident was caught on a dashboard camera and went viral on social media.

In response, Sanvicente’s mother said they lost sleep and appetite over the issue, claiming that it was blown out of proportion as it was only a mere road accident.

"Of course, we can't sleep, we can't eat, of course our son is involved, then he went viral, right? My child’s life will be ruined, is that what you want for your child for any parent? ” she asked.

“My son is kind, what, he works, he’s a very responsible man. And I think this, it's really an accident, it just got bigger and bigger. And I feel so sad because what will happen to my son’s future, right? ” she added.

According to Sanvicente’s mother, her son is a good person who apparently rattled when he “accidentally” bumped the security guard.

"My son is fine, who wants to run like that, of course he's already rattle," she said.

Boo-hoo.  You can watch Sanvicente run over the security guard here:

 

This situation is being portrayed as a rich vs poor divide. 

https://twitter.com/markrossimo/status/1537245524440469505

I think the problem runs much deeper. The man is obviously guilty. He was caught on camera and he admitted to the deed. However that was still not enough cause to arrest him on the spot when he surrendered. There is in fact no legal grounds to arrest him.

https://www.gmanetwork.com/news/topstories/nation/835085/no-legal-grounds-to-take-driver-in-mandaluyong-hit-and-run-incident-into-custody-pnp-spox/story/

The Philippine National Police (PNP) on Thursday maintained that there is no legal basis for them to take into custody the driver of the SUV involved in last week's hit-and-run incident in Mandaluyong City due to lack of a warrant of arrest.

In a Super Radyo dzBB interview, PNP spokesperson Police Colonel Jean Fajardo explained that it is beyond the control of the PNP should there be an out-of-court settlement between both parties.

The Philippine National Police (PNP) on Thursday maintained that there is no legal basis for them to take into custody the driver of the SUV involved in last week's hit-and-run incident in Mandaluyong City due to lack of a warrant of arrest.

(To inform the public, the PNP has no legal grounds to take into custody the suspect considering that no warrant of arrest has been issued against him. He is also no longer subject to warrantless arrest because there’s already a considerable lapse of time from the time the incident happened.)

Despite the lack of a warrant of arrest, Fajardo stressed that Atty. Danilo Macalino already committed that suspect Jose Antonio Sanvicente will face the charges and answer the accusations against him during a hearing on Friday, June 17.

The law needs to be changed. Ten days is not "a considerable lapse of time." The 36 hour timeframe to arrest someone without a warrant should be amended especially in a case like this where the evidence is overwhelming. There was plenty of probable cause to arrest the man without needing a warrant. But on the other hand the PNP should have been able to secure a warrant within 10 days. 

It should not matter if the perpetrator and victim come to a settlement. The State should step in and prosecute regardless. That is their job. Here is another recent hit and run case that ended in a death and yet the State is hesitating to prosecute.

https://mb.com.ph/2022/06/18/senior-citizen-killed-in-hit-and-run-involving-lawyer-in-bacolod/

A senior citizen was killed in a hit-and-run incident involving a lawyer on La Salle Ave. in Barangay Villamonte here Thursday, June 16. 

Gohee said the driver of the sedan, believed to be a lawyer, based on the information from one of the rescuers, reportedly left the scene when the victim was brought to an ambulance.

On Saturday, June 18, Gohee said that a representative of the sedan driver informed the police that they are willing to meet the victim’s family on Monday, June 20, to discuss the incident.

Gohee said that police are letting the victim’s family decide if they want to pursue a case or have a settlement.

This is reprehensible and inexcusable. The cops know who the perpetrator is yet instead of arresting him and filing homicide charges they are waiting to see if the victim's family will settle. It's totally wrong. The State needs to prosecute this man. 

If the law was changed it falls on the PNP and the DOJ to act accordingly. In this case they did not even attempt to catch Sanvicente and when he finally appeared they treated him like he was on the Oprah Winfrey Show rather than as a criminal. Of course everyone gets the presumption of innocence but that presumption should not preclude the arrest of someone when probable cause is very high. The bottom line here is that this whole debacle shows just how broken the Philippine justice system is.