Tag: police

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Jade Castro case, criminal procedure: Make sure to question the legality of the arrest formally and early on before any kind of arraignment takes place.

Jade Castro case, criminal procedure: Make sure to question the legality of the arrest formally and early on before any kind of arraignment takes place.

The job of the inquest fiscal is to determine whether or not the warrantless arrest is valid (it is valid only if in flagrante delicto or caught in the act of committing a crime, or if policemen saw the person committing a crime and pursued him/her/them : This is called “hot pursuit”. Or if the person is  a fugitive). Facts show that the CCTV and other documentary evidence show that Jade Castro and his prod crew were in another town, Mulanay town,  on stage production, the entire time and  when the police visited them;

there is an entire  CCTV footage on this by the local government unit itself. The police then visited them, then the next day, the police  invited them for questioning, and there they were detained).

The facts show that the warrantless arrest therefore of Jade Castro and colleagues is  not valid and the inquest fiscal should have ordered their release.  

Because of what the inquest fiscal did, the Information (formal charge) would have already been filed in court. (Correction, see next post : But apparently, without any Mirandizing and without a lawyer they were made to sign a waiver of Art. 125 so their detention was extended and the inquest fiscal has not yet filed the Information (formal charge) in court?) I will let the handling lawyers deliberate on the procedure, and will post an explainer later. But an important reminder po: Make sure to question the legality of the arrest formally and  early on before any kind of arraignment takes place.

News

PNP Meycauayan Supt. Mera disobeys release order for UP students Psalty, Jon #NutriAsia19 Attn PNP Chief Albayalde @pnppio @PNPhotline

PNP Meycauayan Supt. Mera disobeys the prosecutor’s release order for UP students Psalty, Jon #NutriAsia19 (Attention PNP Chief Albayalde @pnppio @PNPhotline),as he  continues to arbitrarily detain U.P. Journalism student on internship assignment Psalty Caluza, U.P. Microbiology and Biotechnology student and campus journalist  Jon Bonifacio, NutriAsia19.

PNP Meycauayan Supt. Santos Mera is liable for violation of the criminal prohibition on arbitrary detention under Article 124 of the Revised Penal Code.

WE DEMAND THE IMMEDIATE RELEASE OF PSALTY, JON, NUTRIASIA 19.

WE ASK PNP CHIEF ALBAYALDE TO ORDER THE IMMEDIATE RELIEF OF PNP MEYCAUAYAN SUPT. MERA FROM HIS POST FOR BEING THE FIRST TO VIOLATE THE LAW. If he continues this illegal act in the next three hours, administrative and criminal cases should be filed against him. 

 

 

Copy of release order provided by Atty. Paul Heherson Balite to the news media, screenshot by blog admin from the twitter account of Nato Reyes, used here non-commercially for academic purposes

constitutional law, Criminal law, News

Attention @pnppio @PNPhotline PNP Meycauayan Chief Santos Mera, SPO1 Pascual: Not at their post when we called on behalf of U.P. student Psalty Caluza 40mins ago

At 1:04pm today, PNP Meycauayan Superintendent Chief Santos Mera and “investigator of the case” SPO1 Pascual were not at their post when we called to inquire about our student, University of the Philippines Diliman journalism student Psalty Caluza, who was on school assignment as part of the requirements of the journ internship course Journ 198 when he was illegally arrested while covering the ecumenical mass at the NutriAsia workers strike. The PNP Meycauayan desk phone official will look for the chief of police and “investigator” (PNP Meycauayan Chief Santos Mera and SPO1 Pascual)  daw, they were at the inquest of those who were arrested, and, apparently, they were not aware that Psalty is a U.P. journalism student on assignment.

      The Chancellor of the University of the Philippines Diliman Chancellor Michael Tan and the U.P. Diliman administration are closely monitoring the case and have sent lawyers for U.P. journalism student Psalty Caluza and U.P. College of Science student Jon Bonifacio (MBB summa cum laude candidate, on Oblation scholarship), and are coordinating with the assistant provincial prosecutor. The Vice Chancellor for Student Affairs Jerwin Agpaoa has been in Bulacan since this morning to assist the students.

    The College Secretary Prof. Terry Congjuico and the Department Chair Prof. Rachel Khan have been coordinating with the Vice Chancellor for Student Affairs and with Psalty’s parents since last night.

ATTENTION: PNP Meycauayan Chief Santos Mera, SPO1 Pascual: HWAG NYO PO AKO PAGTAGUAN. I-RELEASE NYO PO ANG MGA ESTUDYANTE NAMIN, WALA SILANG NILABAG NA BATAS, NAGKO-COVER PO SILA NG ISANG PAMPUBLIKONG EVENT BILANG BAHAGI NG KANILANG SCHOOL ASSIGNMENT. KUNG HINDI NYO PO SILA IRI-RELEASE SA LOOB NG ARAW NA ITO SASAMPAHAN KAYO NG MGA REKLAMO KASAMA NA ANG MGA ADMINISTRATIBONG KASO SA PNP POLICE COMMISSION, CIVIL SERVICE COMMISSION,  at mga kriminal na aksyon laban sa inyo.

(photo by blog admin, from the archives)