If fiscal’s resolution states “For further investigation”, it means UPCMC Film student Gabriel Magtibay, FEU paralegal Joanne Pagkaliwangan can now be released. If no resolution yet, these apply: For “permit-less rally” under BP880 — only the organizer can be charged: therefore the two students can be released on recognizance (note that the police had no personal knowledge of anything before illegally grabbing the students); For “vandalism”, a city ordinance: release on recognizance; For “resisting”, arresto mayor or less: bail not required, release on recognizance. Parents or school admin may coordinate with handling lawyers and fiscal for release to the lawyers or the school on recognizance.
If students are not released forthwith, members of the PNP MPD Station5 may be criminally liable for the following:
“Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. –
The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: twelve (12)
hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent.
“In every case, the person detained shall be informed of the cause of his detention and shall be allowed, upon his request, to communicate and confer at any time with his
attorney or counsel. (As amended by EO No. 272, July 25, 1987.)”
Video an hour ago showing the students being brought into jail after inquest without resolution, from Tinig ng Plaridel, embedded below, will pixelate in 5 seconds.
NEWS UPDATE: Student activists Gabriel Magtibay and Joanne Pagkaliwangan will be kept at the custodial jail of the Manila Police District Headquarters in Ermita, as of press time.#FreeGabrielMagtibay#HandsOffActivists pic.twitter.com/DOwADU3bkn
— Tinig ng Plaridel (@tinigngplaridel) April 11, 2023
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