Not Following Proper Procedure is PNP Culture

The justice system in the Philippines is fundamentally broken. That is simply an undeniable fact. The problem is multifaceted and involves both law enforcement officers and the courts. Recently the Supreme Court scolded law enforcement officers not only for not following proper procedure but also for being ignorant of those procedures. 

https://www.philstar.com/headlines/2023/07/04/2278583/acquittal-ruling-sc-scolds-law-enforcers-and-prosecutors-fumbling-drug-law-rules

In acquitting two accused in a P1-billion shabu case, the Supreme Court reprimanded law enforcers and the prosecution for failing to handle evidence and trial against five Chinese nationals and one Filipino who had been tagged as members an alleged drug syndicate.

The SC en banc, in a decision penned February 21 but made public only recently, acquitted Filipino Robert Uy and Willie Gan — a Chinese national — on drug charges over prosecutors' failure to prove their guilt beyond reasonable doubt.

This was after the SC found that law enforcers and the prosecution disregarded the strict requirements of Section 21 of the Comprehensive Dangerous Drugs Act, which holds that three insulating witnesses are required in the inventory of drug cases. The high court has also laid down guidelines on the custody of drugs seized.

The SC said that acquitting Uy and Gan is “truly regrettable” as it stressed that law enforcers and the prosecution “must exercise more prudence and care in their compliance with the requirements of Section 21 of RA No. 9165.”

“The instant case reveals the law enforcement agents' complete ignorance of the requirements of Section 21 of R.A. No. 9165,” it said, adding that: “The utter disregard for the law demonstrated by these actors is reprehensible,” the court also said, while referring to police officers and the prosecution.

The SC pointed out that Section 21 of RA 9165 requires three insulating witnesses during physical inventory and photograph of seized items: A representative from the media and from the justice department, and any elected public official.

Following this law to the letter is very important as it protects the integrity of the evidence. 

The high court went on to “address a potential concern involving the effect of failure to comply with the strict requirements of Sec. 21.” It reiterated the guidelines set down in People v. Romy Lim where it said the investigating prosecutor can refer the case to preliminary investigation in instances of non-observance of Sec. 21 requirements.

The court also said it “harbors serious concerns over the identity, integrity and evidentiary value of seized items,” as it pointed out that “there are material gaps in the chain of custody of the seized items.”

It's all part of the process of building up an air tight case against criminals. Recently the PNP raided a POGO den and rescued 2,200 people from human trafficking. That sounds good but the DOJ says the PNP did it all wrong and have effectively tainted the case against the accused. 

https://news.abs-cbn.com/news/07/10/23/doj-hits-pnp-anti-trafficking-raid-suspects-released-for-further-probe

The Department of Justice (DOJ) has flagged a human trafficking raid conducted by the Philippine National Police (PNP) in Las Piñas last month that “rescued” some 2,000 alleged trafficking victims.

Justice Secretary Jesus Crispin “Boying” Remulla faulted the PNP Anti-Cybercrime Group (ACG) for failing to coordinate with the DOJ’s Inter-Agency Council Against Trafficking (IACAT) and for pushing through with the raid despite supposed lack of evidence.

(There were no specific grounds for the arrest, no specific complainants. They went there just to fish. That's what we have been saying for a long time. We previously agreed to build a case even before we do that. We will not agree with planting evidence on anyone.)

The 5 suspects, who were all Chinese, have been “released for further preliminary investigation,” which means that they will still be allowed to file their counteraffidavits and present their side before any criminal charge is lodged in court.

Of the more than 2,000 individuals “rescued,” around 1,100 are still in the Las Piñas POGO facility.

Remulla said the Filipinos were allowed to go home while foreigners without visas were already sent home.

Foreigners with visas, however, will still have to go through visa cancellation proceedings before they can go back to their countries.

Remulla blamed a culture of “arrests” within the PNP for what happened.

(Before, police would just keep arresting even without a case. If there is no case, they plant evidence. They can no longer do that. We will not allow that. That's why they're having problems.)

The Justice secretary said they are trying to address this culture by implementing new procedures under a new DOJ department circular which mandates prosecutors to take an active role in gathering evidence and building the case.

Human trafficking is one of the cases where coordination between prosecutors and law enforcers is required under the circular.

(The DOJ and PNP-ACG agreed to build a case before we do raids, everyone we arrest should have evidence against them. This was not followed. They pushed through with that, so many are pending without complete evidence. That's why we will talk again about this.)

In a press conference Monday, Sen. Raffy Tulfo also criticized the PNP, as well as immigration officers, Philippine Amusement and Gaming Corporation (Pagcor) and labor agencies for its alleged failure in addressing issues related to POGOs following the Las Piñas raid.

Tulfo also blasted the move by authorities to allow the Filipino POGO workers "rescued" to leave the premises in Las Piñas City without properly investigating whether they are really victims or complicit to the crime. 

You know there is a problem when the DOJ Secretary accuses the PNP of planting evidence and says it's part of their culture to do so. In their defense the PNP says there were complaints and that is why they were able to obtain a warrant. 

In an interview, the PNP denied the claim that the PNP ACG did not liaise with the IACAT.

“On the part of the PNP anti-cyber crime group, according to them, they have done the necessary coordination with Inter-Agency Council Against Trafficking (IACAT). And in fact, prosecutors were present during the initial stages of the implementation of search warrant and this inter agency council against trafficking the head of that council is the Department of Justice,” PNP spokesperson Col. Jean Fajardo told ANC’s Dateline Philippines.

She also insisted there were complainants and there were other companies operating inside the compound.

“There were complainants actually that who came forward and provided information that were the basis why the PNP ACG applied for search warrants. The mere fact that these search warrants were issued by the concerned regional trial court would only prove that there was indeed probable cause of human trafficking,” she added.

Who is telling the truth? DOJ Secretary Remulla or the PNP? Whatever the case when the PNP has both the Supreme Court and the DOJ scolding them for not properly building up cases and securing evidence you know there is a problem. Since this is part of PNP culture as Remulla admits it is certain this problem will not go away and criminals will continue to walk free for insufficient evidence. Such is what happened to Kerwin Epsinosa back in June. 

https://newsinfo.inquirer.net/1781622/kerwin-espinosa-acquitted-by-makati-court-in-illegal-drug-trading-case-due-to-insufficient-evidence

Rolan “Kerwin” Espinosa was acquitted of another drug charge by the Makati City Regional Trial Court.

In a 21-page ruling, Makati RTC Branch 65 granted the demurrer to evidence filed by Espinosa and former driver-bodyguard Marcelo Adorco.

A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence where a defendant cites that the evidence produced by the prosecution is insufficient to make out a case, whether true or not.

Once granted, the case will be dismissed, and it is tantamount to an acquittal. If denied, the trial will continue with the presentation of evidence by the accused.

Espinosa and Adorco were accused of conspiracy to sell 80 kilograms of shabu on two instances–Feb. 16, 2013, and June 7, 2015.

Among the evidence presented by the prosecution are the testimonies of three police officers who testified for the prosecution.

Of the three, two testified, getting the testimony of Adorco. The other police officer was tasked to evaluate the evidence at hand and filed the case at the Department of Justice (DOJ), which led to its dismissal prompting the policeman to take another statement from Adorco.

Also included as evidence for the prosecution are Espinosa’s Judicial and Supplemental affidavit.

The court said testimonies of the police officers “have no probative value since they have no personal knowledge of the facts constituting the offense charged.”

The court said testimonies of the police officers were merely based on what Adorco has said, making it hearsay “and may not be received as proof of the truth of what he has learned.

Adorco’s sworn statements, which were the basis of the police testimonies, the court said, also have no value because he was not presented in court to identify and affirm his affidavits in court. He was also not cross-examined based on what he said in the affidavits.

The court also noted that Adorco also had no counsel when the police questioned him.

The court added that for Adorco’s supplemental affidavit, while a lawyer was present, no proof was presented that the lawyer did not confer with her client to determine if he was coerced or given advice that he had the right not to sign the affidavit.

The court said records showed that the lawyer was not chosen by Adorco but provided, and fees are paid for by the police, “thus putting into serious doubt her independence.”

The court added that there was also no record that witnesses were present when Adorco freely signed his third and fourth affidavits.

In Espinosa’s affidavit, the court said, “other than presenting the transcript of stenographic notes of the Senate hearing when Espinosa testified, the prosecution failed to show that such confession was made voluntarily.”

“As the prosecution failed to adduce evidence sufficient to overcome the burden of proving the guilt of both accused beyond a reasonable doubt, then the Demurrer to evidence ought to be granted,” the court said.

You need a lot more than mere testimony to convict someone. However, if that is all they had then the PNP should have made it unavailable and followed proper procedure. They did not. This problem of not following procedure is just as bad as cops who extort the public. As DOJ Secretary Remulla noted it's part of PNP culture. And he should be thankful for that culture because those kind of lapses are what got his son acquitted of drug charges.

https://newsinfo.inquirer.net/1713580/lapses-in-drug-case-lead-to-remulla-son-acquittal

A Las Piñas City court on Friday acquitted Juanito Jose Remulla III of illegal drug possession, ruling that prosecutors were unable to prove that the son of Justice Secretary Jesus Crispin Remulla knew he was going to receive a package of illegal drugs and intended to keep them, and that there were lapses in the chain of custody of the evidence against him.

“When a court cannot be assured that the drugs presented as evidence are exactly what the prosecution purports them to be, a conviction will not be forthcoming,” said Ricardo Moldez II, the Las Piñas City Regional Trial Court Branch 197 acting presiding judge in his 34-page ruling.

“When there are glaring lapses or irregularities on the part of the law enforcers, the presumption of regularity usually accorded to [them] is effectively destroyed or immediately negated,” the ruling said.

It also quoted a Supreme Court decision upholding the constitutional protection of the right of an accused to be presumed innocent “against any manner of high-handedness from the authorities, however praiseworthy their intentions.”

“Those who are supposed to enforce the law are not justified in disregarding the right of the individual in the name of order. Order is too high a price for the loss of liberty,” the trial court said.

“[There is] no clear evidence that [the] accused had freely, consciously and with full knowledge possessed the alleged seized illegal drugs,” the court said.

Of course when the buffoonery of the PNP benefits his family Remulla is silent on the matter. 

Pokwang Lawsuit Proves How Disgusting She Really Is

I do not write about celebrities because honestly, who cares? However, the saga of Pokwang and her American ex-boyfriend Lee O'Brian is certainly worth writing about because of the nasty and all too Filipino turn it has taken.

https://entertainment.inquirer.net/492714/pokwang-braces-for-legal-battle-vs-ex-lee-obrian-taps-high-profile-lawyer

Actress-comedienne Pokwang appeared to be taking her domestic woes with estranged partner Lee O’Brian to court over the custody of and child support for their daughter Malia, after she tapped a high-profile law firm to represent her.

While she did not specifically disclose the case she would be filing, Pokwang was in fighting form when she appeared before the Calinisan Domingo and Beron law offices, where public interest lawyer Ralph Calinisan was a founding partner.

Calinisan is also the boyfriend of actress Dawn Chang, who Pokwang met during the 2022 presidential campaign for former Vice President Leni Robredo.

(Thank you, Atty. Ralph Calinisan. The fight for our future continues. I am not going to give up for you, my daughter Malia. If I can raise my eldest daughter alone, I will continue to work hard and be courageous for you and your older sister.)

Pokwang also uploaded a photo of herself posing with Atty. Calinisan, and her daughters Malia and Ria, on her Instagram Stories.

“Thank you, Atty. @ralph_calinisan lalaban tayo! Bansa ko ang [Pilipinas] so sino ang mag-aadjust? Para kay Malia di ako susuko t*h ka! Wooh! Ang saya sayaaaa,” she wrote on the photo. (Thank you, Atty. Ralph Calinisan. We will fight. The Philippines is my country so who will adjust? For Malia, I will not give up. I’m so happy.)

While the comedienne has yet to reveal the details of their meet-up, it seems that she is aiming for a legal battle for custody against O’Brian, as seen in the comments of her post, where she responded to one of her supporters.

“File child support here [in the U.S because] he’s a US citizen,” one @susan_bq pointed out. O’Brian, who’s currently based in the Philippines, is noted to be a citizen of the U.S.

Pokwang responded, “Tamaaa!!!! (Correct!)”

Calinisan also uploaded the photo of their meet-up on his personal Instagram account, which appeared to have occurred last March 17.

“Alam na this. Salamat po ma’am,” he said in the caption. (You know this. Thank you, ma’am.)

Earlier this month, Pokwang became emotional after a Philippine Airlinesflight attendant approached her to commend her for being a strong mother, during a trip to the U.S.

She also revealed that there’s no stopping her from pushing back against O’Brian, noting that the latter never said sorry for his supposed wrongdoings against her and her children.

What's all too Filipino about this is rather than treating the lawsuit as something serious, somber, and private she is beaming and proud about it. She has even included her children in these pictures with her lawyer. 

Years ago I wrote about the lawsuit happy nature of Filipinos and also noted that the same was observed 300 years ago by an Augustinian friar. 

50. They are revengeful to an excessive degree—so much so that they are vile and cowardly; and the ministers have great trouble in reconciling them with their enemies; and although they do it through fear, it is never with the whole heart, for this passion has great influence over them. And since they need magnanimity and manliness to overcome it, and these virtues are foreign to them, hate generally forces its roots into them so deeply that it is impossible to eradicate it in a whole lifetime.

This is the reason why they are so inclined to litigation, and to going before the audiencias and courts with their quarrels, in which they willingly spend their possessions for the sole purpose of making others spend theirs and of causing them harm and trouble. For that they are even wont to pledge their sons and daughters.

http://www.philippinehistory.net/views/1720sanagustinb.htm

The only thing new here is that now her children have been drawn not simply into a lawsuit but into their mother's very public drama concerning her ex-boyfriend. How sad for them. How pathetic and disgusting for Pokwang.

Filipino Expats Want Canadian Schools to Teach the Filipino language and the PNP Refuses to Charge Driver in Fatal Wreck

These are two important headlines I don't want to get lost in the shuffle. They are rather important and shed a light on Filipino expatriates and the rule of law, or lack thereof, in the Philippines. 

The more I read about them, the more I engage with them online, the more I despise Filipino expatriates. Here is a great example why.

https://news.abs-cbn.com/news/11/05/22/community-pushes-for-more-filipino-language-classes-in-canadian-schools

The Filipino community in Alberta in Canada has made a new push for more Filipino language classes in schools in the province.

The latest Canadian census showed that Filipino immigrants in Alberta grew by more than 47,000 since 2016.

Statistics Canada also reported that Filipino is now the language most spoken at home for almost 70,000 residents of Alberta. This was up significantly from the more than 55,000 also in 2016.

For Dr. Josephine Pallard of the Saranay Foundation of Edmonton, Canadians are now realizing that Filipinos speak several dialects.

She added that Filipino-Canadian youth should learn more of their language, as it would help them have a better grasp of their heritage.

"It's the preservation and the retention of heritage language and culture and tradition," Pallard said. "If you do not know how to identify yourself, then you are not really who you are.”

Alberta is home to 175,000 Filipinos, and is the second largest growing community in the province. But only a few schools offer Filipino language classes.

The Philippine Consulate General in Alberta and Saskatchewan previously held a conference in Calgary for teachers' training on Filipino language.

The event was held in partnership with the Philippines' National Commission for Culture and the Arts, the Saranay Foundation of Edmonton, and the Philippine Cultural Foundation of Calgary.

"The idea is to make them more effective in teaching Filipino language and culture to overseas Filipinos who were not born in the Philippines but would like to learn the language," said Consul General Zaldy Patron.

The event organizers and participants hope that the Alberta government will help them in bringing Filipino language classes in more schools.

The irony and hubris here are off the charts! First of all the malarky about "the preservation and the retention of heritage language and culture and tradition" is utter hogwash. These people moved to Canada and they need to learn how to be Canadians. Filipino expats think they can abandon their homeland for a few years to earn a boatload of money and bring the Philippines with them! Is this happening in the Philippines? No! You literally have white Canadians like Kyle Jennerman who wants to become Filipino. Even cult leader and Maryland native Timothy Jay Schwab of The God Culture admits he is ashamed to be American but proud to be a Filipino! When white people move to the Philippines they assimilate and don't bring their culture with them.

Second of all what is this: "The idea is to make them more effective in teaching Filipino language and culture to overseas Filipinos who were not born in the Philippines but would like to learn the language?" The article previously noted: "Statistics Canada also reported that Filipino is now the language most spoken at home for almost 70,000 residents of Alberta." That means Filipino expatriates are doing a stellar job of pretending the borders of the Philippines extends to the inside of their houses.

How about if the children of expatriates want to know what the Philippines is like they visit or move there? It would do good to experience the realties of living in a third world hole where you have to wipe with your hand and a ladle of water instead of squeezably soft toilet paper. 

And how about the revelation "Canadians are now realizing that Filipinos speak several dialects." Oh, those racist Candians only just now realizing that Filipino is not a monolithic langauge. Which dialectic will be taught in schools? Tagalog? Cebuano? Illocano? Illongo? Taglish? 

The bottom line is if Filipino expatriates want their children to be Filipinos then they should not be living anywhere expect in the Philippines. Being a Filipino is more than speaking Tagalog and eating adobo. It's a mind set. You cannot acquire the Filipino mindset in Canada even if your parents are native born Filipinos. 

Now for the next story. 

https://www.gmanetwork.com/news/topstories/regions/850480/driver-in-fatal-bataan-bus-crash-involving-teachers-released-from-detention-police/story/

The driver of the bus that fell off a cliff in Bataan on Saturday which resulted in the death of a public school teacher was released from detention, the police said.

Orani, Bataan Police chief Police Major Larry Valencia said on Sunday that the family of the fatality, identified as  34-year-old Payatas B Elementary School teacher Janice Pontillas, spoke with the driver and they decided that they would discuss the matter further.

The driver was held at the Orani Police Station for questioning, according to the Department of Education (DepEd) Schools Division Office (SDO) of Quezon City on Saturday.

“Yesterday, the representative of DepEd Quezon City and the victim’s family were here to talk and they informed the PNP that they will not file a case yet. Instead, when the victim’s husband returns home on Tuesday, they will talk about what happened in the accident.,” Valencia said in an interview on Super Radyo dzBB.

“The victim’s husband decided to have the driver released. They talked online about the accident.,” he added.

The crash took place around 11:30 a.m. on Saturday, November 4, when the DepEd Quezon City bus carrying 48 passengers, the driver and an alternate driver, traversed “a very sharp curve, lost its brakes and plunged into a 15-meter ravine.”

The passengers were Quezon City public elementary and secondary school teachers who departed from the Sinagtala Resort in Orani, Bataan to attend a Gender and Development activity.

“There was a mechanical failure. The bus they were on lost its brakes, and that was why the driver lost control and the bus fell into the ravine.,” Valencia said.

Valencia added that the area where the bus crashed was not accident-prone and, citing the statements of the passengers, the driver was driving at a regular speed.

“Maybe it just so happened that the bus lost its brakes in that area,” Valencia added.

The SDO said Pontillas was declared dead on arrival at the Orani District Hospital.

Eighteen other passengers were injured in the crash.

The Quezon City government and the SDO pledged to shoulder all medical expenses of the injured passengers, as well as the financial assistance for the deceased.

This is a tragic accident. Allegedly the brakes failed. Who could have foreseen that? How about the driver? Is he not responsible for making sure his vehicle is up to code? 

The real problem here is that the PNP let this man go because the husband of the victim declined to press charges. Who cares!? The state should decide the driver's fate, not the victim's spouse.

This happens so many times and is always infuriating to read about. A reckless driver injures or kills someone and the PNP lets them go because the family does not want to press charges because they have come to a settlement. I guess it's good to know I can commit vehicular manslaughter and pay my way out of the situation. 

What a joke. Why bother having laws at all when you can pay the victim and be done with it?

Overcrowded Philippine Prisons Keep Inmates Beyond Sentencing Date

Imagine going to prison in the Philippines. You would be subject to all kinds of inhumane conditions including overcrowding.

https://www.ucanews.com/news/packed-like-sardines-philippine-prisons-provide-inhumane-reality/89492

Certainly you would want to leave once your time was up. But what if they refused to let you go? That is the accusation of the Supreme Court.

https://mb.com.ph/2022/08/05/release-prisoners-who-have-served-jail-termsunless-further-detention-is-warranted-by-law/

The Supreme Court (SC) has ordered the immediate release of prisoners who have served their jail terms even without release orders from the courts, unless they are being held further for other lawful cause.

“Any further delay in the release from imprisonment of a person deprived of liberty (PDL), except for reasons allowed by law, is nothing but unjust,” stated the circular issued last Thursday, Aug. 4, by SC Court Administrator Raul B. Villanueva.

Villanueva said the circular was issued when several government agencies “have expressed concerns over delays” in securing release orders from courts for PDLs who have served their jail terms and the delays also “delayed the release of PDLs from imprisonment.”

The circular issued to all trial courts also stated:

“Considering Release Orders are not necessary for the extinguishment of criminal liability and have no bearing on a PDL’s completion of his/her sentence of imprisonment, all first and second level courts need not issue any Release Order for a PDL who has (a) completed his/her service of sentence and (b) when there is no other lawful reason for him/her to stay incarcerated.”

It's a no-brainer that prisoners should be released once they have served their time. But in the Philippines employees of the BJMP have no brains and prisoners are held over for unlawful reasons. It's more evidence that the Philippine justice system is corrupt and inept beyond belief. 

Davao City Refuses to Enforce Health Ordinances

A recent diarrhea outbreak occurred in Davao killing six people and causing others to be hospitalized. The outbreak was traced to mishandling of food. 

https://www.pna.gov.ph/articles/1180656

The culprit of the diarrhea outbreak in Toril district here was due to food contamination, the City Health Office (CHO) said Friday.

“I announce that the diarrhea outbreak was due to a foodborne microorganism, with Vibrio cholera as the pathogen of concern. The most likely vehicle of transmission is contaminated food,” CHO acting chief Dr. Ashley Lopez said.

At least six infected persons died from the virus outbreak in Toril that began on July 15.

Lopez said a male patient was the latest fatality of the outbreak who died on July 24.

Rectal swabs done on the affected cases showed that 60 percent turned out positive in the bacteriological culture testing, he added.

Based on the CHO investigation, he said diarrhea patient cases have gone down to 217 cases as others that were previously recorded were not related to the outbreak.

Of the figure, 163 or 75 percent of the admitted cases have recovered.

“There are now only 11 individuals remaining, or 5 percent of the total affected cases in the hospitals being treated. Twenty-six cases were treated in the outpatient department of hospitals, while 11 other cases are still for verification,” he said.

Of all those infected, 41 percent had episodes of eating and drinking at food stalls in Rasay Street in Toril, while 21 percent of the cases ate and drank at the district’s public market.

The remaining 38 percent are from multiple sources but are statistically insignificant to be considered as exposure for cases.

“Based on investigations, food may have been contaminated during preparation and handling by infected handlers. It was also found that proper storage, delayed serving, and unsanitary environment may have contributed to the food contamination because of exposure to elements,” Lopez said.

Meanwhile, Toril Police Station Police chief Maj. Carol Jabagat said the city will not file any charges against the street vendors.  

However, a policy will be released that will serve as the guidelines for the food establishments, she said.

Six people are dead and hundreds of others have been incapacitated due to the mishandling of food and the PNP says the city will not filing charges against any of the vendors. However, Mayor Duterte is singing a different tune.

https://www.pna.gov.ph/articles/1180629

Mayor Sebastian “Baste” Duterte vowed to hold accountable the culprits behind the diarrhea outbreak in Toril District here that killed six people, saying the city may pursue charges.

“People have lost their lives just because of mishandling of food. I hope that you have put yourselves in the situation of the victims,” Duterte told reporters Thursday.

However, the mayor said he was disappointed by reports that families of the victims are not keen on pressing charges against the culprits.

“I told them if they decide to press charges, I will accompany them. However, the family said they would rather not,” he said.

“That is what I want,” he added when asked whether the city government will file charges instead.

Following the outbreak, Duterte said the local government will enforce additional policies for street food vendors before they are allowed to operate.

“I have already tasked the barangays and CHO to coordinate. Having a health card is only one of the requirements, there will be more. We cannot allow this to happen again. It is unacceptable,” he said.

Based on investigations, food may have been contaminated during preparation and handling.

It was also found that proper storage, delayed serving, and an unsanitary environment may have contributed to the food contamination because of exposure to elements.

By all means the city should charge these vendors for violating existing health ordinances. That Duterte asked the victims if they wanted to press charges is beside the point. It does not matter what the victims want. These vendors did not follow existing ordinances and six people are dead as a result. Did the Mayor ask the deceased victims if they wanted to press charges? What good is having laws if the city will not punish those who violate them? Once again this situation shows how ultimately the Philippines is a lawless nation. 

New Law Says Filipinos Are Legally Children Until They Turn 24 Years Old

Laws can be rather tricky. Everything has to be defined properly otherwise the law cannot be properly enforced. Take the anti-child marriage law recently passed in the Philippines. It's about time say some. Others, Muslims especially, fear it will encroach on their way of life. What is crucial in this law is the definition of a child. 

https://pcw.gov.ph/republic-act-11596-an-act-prohibiting-the-practice-of-child-marriage-and-imposing-penalties-for-violations-thereof/

(a) Child refers to any human being under eighteen (18) years of age, or any person eighteen (18) years of age or over but who is unable to fully take care and protect oneself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition;

According to this law a child is anyone under 18 or over 18 who is unable to take care of themselves such as the mentally handicapped. This law then applies to that category of persons. 

But let's take a look at another law which was recently passed. This is a law geared toward strengthening policies against human trafficking. 

https://www.officialgazette.gov.ph/downloads/2022/06jun/20220604-RA-11862-RRD.pdf

The passage in question comes from section 4 sub paragraph m.

(m) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive, or adopt a child for deployment abroad as migrant worker. 

Provided, That when the victim is a child, the means to commit these unlawful acts as enumerated in the first paragraph of this section shall not be necessary: Provided, further, That in the case of overseas domestic work, a 'child' means a person below twenty-four (24) years old." 

This law is an amendment of RA 9208 which defines a child the same as the anti-child marriage law. It is in section 3.

(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.

https://www.lawphil.net/statutes/repacts/ra2003/ra_9208_2003.html

The definition from RA 9028 has not been changed in any way. That means there are three definitions of a child in RA 11826. The first being anyone below 18, the second anyone above 18 who cannot take care of themselves, and the third is anyone below the age of 24 when being recruited as an overseas domestic worker. But does that mean would-be OFWs who are not being recruited as domestics but under 18 can still be recruited? Or are they too considered children?

I am no lawyer but reading this prima facie it appears rather convoluted and unnecessary. Surely the government has specific reasons for adding the clause in sec 4 sub m but did they consider that now in the same law they have three definitions of what it means to be a child? Is there any other law like this in the Philippines or elsewhere where the law uses the same word with more than one definition? 

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.