Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp

7/27/2019 Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp

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A Policy Proposal in PUAD 3103

(Public Policy and Program Administration)

Policy Proposal:

Strict Enforcement on Reenactment Process and Distortion of Due Process of

Law during Police Operational Procedure

Submitted to:

PROFESSOR ERNEST VERA CRUZ

Submitted by:

ARIENTE, REGINE CATALAN

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES

COLLEGE OF POLITICAL SCIENCE AND PUBLIC ADMINISTRATION

Bachelor in Political Science 3-1

March 16, 2013


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INTRODUCTION

One of the processes in gathering pieces to end up in conclusion or an assumption of

the flows of event during onset of the incident is through reenactment. Reenactment is

some sort of restoration process wherein the actors here aims to portray past incident in

order to solve particular cases, mainly criminal incidents.1

Reenactment involves demonstration of past events so as the things involved. Thus, in

order for a particular institution to re-demonstrate the past incident, the evidences must

also as well present in order for the investigators to come up with the conclusion, they

must first reconstruct the evidences.

On the other hand, Forensic Reconstruction is the process of instituting series of events

that happened before, during and after the incident. Through logical reasoning and

scientific processes from the evidence presented, they can draw their conclusion2. The

resulting reconstruction will hopefully be used to clarify the sequence of events and

even jump to reenactment of case.

Due process is somewhat a fundamental fairness of all in the eyes of the law. It is

adherent to every laws that is being impose by our legislative body. In Philippine

Constitution, Due Process is evident in two (2) points: if it is done under the existing

laws or in accordance to Constitution itself, and; if it undergo with fair and reasonable

methods of procedure describe by law.3

There are two (2) aspects of the law, namely Procedural due process and Substantive

due process. The former defines as the right of the accused to free from distasteful

judgment until proven by law through trial. The latter characterized as the law itself that

is being imposed is fair, reasonable and just.4

1http://www.thefreedictionary.com/Reenactment

2http://forensicsciencecentral.co.uk/index.shtml

3Hector De Leon: Philippine Constitution 2008 edition; page 121

4Ibid 3


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BACKGROUND

In Philippine criminal investigation system wherein due process of law prevails, it is very

crucial for all key players to act in accordance with law. More so, assumptions during

criminal investigation must be logically-based and substantiated with prongs or pieces

of evidences to eliminate distortion of justice rendered by the constitution and existing

laws to its citizen.

In criminal investigation, gathering the pieces of evidence is crucial for a particular

incident to be solved, so the witnesses and the factors that may affect the case.

The Philippines, particularly those people who lived near Atimonan, Quezon trembled

when 13 citizens died by rubout last January 6, 2013. These 13 personalities are

accused of being involved in illegal activities such as jueteng lords and what they have.

In findings that were submitted by NBI to President Aquino, they found out that there is

an excessive force used to kill this populace5. This news only showed us how messy

our judicial system is. Another evidence of the flaws on this is that Police officials

werent wore their uniforms during the onset of the incident.6

However, this is not the main focus of this paper. This paper will focus on the flaws of

criminal investigation here in the Philippines through reenactment and how Due process

of law is being distorted.

PROBLEM

Upon the investigation of what was really happened in the Atimonan rubout case, there

were flaws on how the reenactment has taken place: Lost of red bag owned by

Businessman Vic Siman7

and brown leather clutch8

owned by Supt. Alfredo Consemino

which was both missing during the SOCO investigation process.

More so, the policemen who were involved in Atimonan rubout case were not even

wearing their uniform a form of lapse in operational procedure, and according to the

5http://opinion.inquirer.net/48389/rubout

6http://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootout#ixzz2NTjkcUJz

7http://www.abs-cbnnews.com/nation/regions/01/09/13/suitcase-missing-quezon-shootout

8http://www.abs-cbnnews.com/nation/01/17/13/de-lima-no-shootout-quezon


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findings, the Police Personnel used excessive force to the victims9. Thus, it is

apparently a manifestation of the distortion of due process in our status quo.

To sum up, the major problem here is not only the accuracy of re-enactment process in

compliance on the investigation of Atimonan Case but the Due Process of Law in

Atimonan rubout case was already deformed.

FACTS

BELOW ARE THE BRIEF INFORMATION ON PHILIPINE NATIONAL POLICE

OPERATIONAL PROCEDURES

Rule 5: BASIC REQUIREMENTS OF POLICE INTERVENTION

OPERATIONS

All police intervention operations (arrest, raid, search and seizure, checkpoint, demolition, civil

disturbance management) shall be conducted:

a. with a marked police vehicle;

b. preferably led by a Police Commissioned Officer (PCO); and

c. with personnel in prescribed police uniform.

Rule 8: USE OF FORCE

SECTION 1- Issuance of Warning

The police officer must first issue a warning before he could use force against an offender. The

warning is issued for the police officer to identify himself and to give opportunity to the offender to

surrender. The duty to issue a warning is however not absolute. The directive to issue a warning is

necessary only in situations where several options are still available to the police officer but in cases

where the threat to the life of a police officer is already imminent, and there is no other

option but to use force to subdue the offender, the law enforcers failure to issue a

warning is excusable.

9http://www.abs-cbnnews.com/nation/01/19/13/chr-slams-excessive-use-force-quezon-incident


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SECTION 2-Reasonable Force

During an armed confrontation, only such necessary and reasonable force should be applied as

would be sufficient to overcome resistance put up by the offender; subdue the clear and imminent

danger posed by him; or to justify the force/act under the principles of self defense, defense of

relative, or defense of stranger. The Officer-in-Charge of the operation shall, at all times, exercise

control over his men in the area, and shall exhaust all possible means so that no innocent civilian is

caught in the crossfire. The reasonableness of the force employed will depend upon the number of

aggressor, nature and characteristic of the weapon used, physical condition, size and other

circumstances to include the place and occasion of the assault. A police officer, however, is not

required to afford a person attacking him the opportunity for a fair or equal struggle. His duty

requires him to overcome his opponent. In the lawful performance of his duty, the police officer

must stand his ground to accomplish his mandated task of enforcing the law and maintenance ofpeace and order.

SECTION 3- Use of Weapon

The excessive use of force is prohibited.The use of weapon is justified if the suspect poses

imminent danger of causing death or injury to the police officer or other persons.

The use of weapon is also justified under the Doctrines of Self-Defense, Defense of

Relative, and Defense of Stranger.However, one who resorts to self-defense must face a real

threat on his life, and the peril sought to be avoided must be actual, imminent and real.

Moreover, unlawful aggression should be present for self-defense to be considered as justifying

circumstance.10

-----

From the information above, we can see that troops of Marantan had done several

violations on conducting their Police Operational Procedure. Some of these are the use

of excessive force and the use of weapons. More so, PNP Chief Director Alan Purisima

stressed the flaws of Marantan group on the onset of the procedure.

* On the checkpoint proper, there was no marked vehicle;

* at the main checkpoint, there was no signage to indicate that it was a PNP that set

10PHILIPPINE NATIONAL POLICE OPERATIONAL PROCEDURES MARCH 2010


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up the checkpoint;

*Except for the Atimonan police chief, the rest of the cops at the main checkpoint are

wearing civilian clothes.

Other findings of the PNP fact finding team include;

* 8 out of 13 victims were tested positive in the paraffin test;

* the SUV has 186 bullet holes while the second vehicle has 50 bullet holes. The victims

were aboard the said vehicles;

* About P265, 000 were recovered from the victims;

* 14 firearms-12 short firearms, 1 M16, 1 M14 were recovered from the victims;

* Out of the 14, 13 have licenses both the long firearms and the 11 short firearms;

*Out of the 11 short firearms, 7 have permitted to carry. 11

OTHER SUBSTANTIATE DATA REGARDING TO THE DISTORTION OF DUE

PROCESS IN OPERATIONAL PROCEDURE

Murder raps recommended vs cops in Ortigas overkillBy Katherine AdranedaThe Philippine Star 05/30/2006

Six months after the Ortigas Center shooting incident that left three people

dead, the Commission on Human Rights (CHR) recommended yesterday the filing

of multiple murder charges against 10 members of task force under the Traffic

Management Group (TMG).

In a 36-page en banc resolution, the CHR said it found probable cause that

there was "arbitrary deprivation of life" committed against suspected

carjackers Anton Cu-Unjieng, Francis Xavier Manzano, and Bryan Anthony Dulay

by the 10 TMG officers.

Named in the resolution as respondents were Senior Inspectors Hansel

Marantan, Henry Cerdon, and Samson Belmonte; Police Officers 3 Lloyd Soria,

and Rizalito Ramos Jr., POs2 Dexter Pascua, Jesus Fermin, Sonny Robrigado;

and POs1 Fernando Rey Gapuz, and Josil Rey Lucena.

The CHR will submit its resolution and other pertinent documents related to

the case to the Office of the Ombudsman for the filing of criminal andadministrative cases, in accordance with Republic Act 6770.

The CHR resolution and documents will likewise be endorsed to the National

Police Commission (Napolcom), Philippine National Police (PNP) and Department

of Interior and Local Government (DILG).

11http://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootout


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According to the CHR, forensic analysis and findings revealed that when the

three men were flagged down by the Task Force Limbas operatives, they stopped

the car, but were met with gunfire from the state agents, "who acted with

criminal intent."

"Hence, the anti-carnapping operations implemented by the police operatives

on the evening of Nov. 7, 2005 was feigned, premeditated, and treacherous,

thus the killing of the victims by the said state agents qualifies the

criminal act as a case of multiple murder," the CHR resolution stated.

The CHR said that actions of the TMG operatives contravened the very rules of

engagement of the PNP, noting that the policemen "deliberately did not make

any attempt to bring the mortally wounded victims to the nearest hospital."

"Instead, they wilfully and feloniously ensured the death of the victims with

the use of excessive and/or lethal force as borne by the second round of

gunfire even when the victims were already at the point of death," the CHR

resolution stated.

On the gunshot wound sustained by Inspector Belmonte that was supposedly a

result of the shooting incident, the CHR deemed it as "self-inflicted andprobably accidental."

At around 10 p.m. of Nov. 7, 2005, three alleged members of the Valle Verde

Gang were killed during an anti-carjacking operation at the Ortigas Center,

Pasig City.

Police intercepted Cu-Unjieng, Manzano, and Dulay, who were on board a Nissan

Exalta sedan at the corner of Garnet and Ortigas, following a tip from an

informant.

The victims, however, allegedly refused to yield and fired at the pursuing

lawmen, who retaliated in "self defense."

However, relatives and human rights group decried the "overkill" based on

video footage taken by a television news crew, prompting the CHR

investigation.

Meanwhile, TMG director Chief Superintendent Errol Pan insisted that the

incident was a result of a legitimate operation despite the findings of the

CHR that no shootout took place between officers and the three suspected car

thieves.

"We believe that TMG operation was legitimate. They (TMG operatives) are

ready to prove that," Pan said in reaction to the CHR findings.

He said that what CHR found was merely probable cause and that TMG personnel

can still defend themselves in court when the charges of murder are filedagainst them.

Pan was not yet chief of the TMG at the time of the shootout. He was

appointed months later after another group of TMG operatives nearly killed a

businessman whom they mistook for a car thief. With Cecille Suerte Felipe12

12http://www.philstar.com/metro/339311/murder-raps-recommended-vs-cops-ortigas-%C2%91overkill%C2%92


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-------------------------

The horrible truth, according to the CHRFrom The Manila Times -- Editorial Opinion

"The horrible truth, according to the CHR"

AS many had feared, the death of the three men suspected of being carjackers

at the Ortigas Center, Pasig City, in the hands of Traffic Management Group

agents on November 7, 2005, was not legitimate but an act of murder.

In a disturbing but courageous report released Monday, the Commission on

Human Rights said the 10 TMG officers summarily executed the victims inside a

rented car near Garner Street and the AIC Gold Tower Bldg.

The CHR investigated the shooting immediately after the story broke in the

papers. In a 35-page report, the commission said it found probable cause to

charge the officers with multiple murder since the police operation was

feigned, premeditated and treacherous.

The TMG said its menmembers of Task Force Limbaswere waiting at the site,

acting on a tip that a group of carjackers was going to pass through. The

victims car matched that of the suspect vehicle. When the car appeared on

the scene, it allegedly refused to stop on signal. A gunbattle followed.

It did not happen that way, according to the CHR.

It is evident that when the victims were flagged downthe victims merely

stopped the car, but were suddenly met with gunfire from the state agents

herein who acted with criminal intent, the report said.

A government forensic expert advising the commission said her findings showed

that the victims did not fire at the officers. Hence, there could not have

been any shootout. There is no evidence to show that any of the three

occupants had fired his gun, the forensic expert Raquel Fortun said.

TV footage taken at the scene by an independent cameraman showed the officers

approaching the car and firing at the victims simultaneously. There appeared

to be no aggressive action or motion on the part of the occupants.

After the shooting, the officers made no attempt to take the mortally wounded

suspects to the nearest hospital, the report noted.

Commission Chairman Purificacion Quisumbing, apparently reminded by the

involvement of the police in inexcusable killings, said that they should not

use excessive force in carrying out their duties. In its annual reports, the

CHR has consistently cited the police as the leading violator of humanrights.

The media reported the Ortigas killing as another botched policeoperation,

the tendency of the law to commit mistakes, to ignore operational procedures

or abbreviate the rules of engagement. The case further blackens the image of

the Philippine National Police and the standards of our law enforcement here

and abroad. It certainly stains the national image.


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The TMG officers will have a chance to defend themselves before the Office of

the Ombudsman, the National Police Commission or a court of law. At the CHR

hearings, they were given all the opportunity to explain their side. But they

refused to appear before the commission and relied on their lawyer to attend

in their behalf. That kind of defense does not bring out the truth. 13

SOLUTION

The government, particularly the Commission on Human Rights, Philippine National

Police, and Department of Justice, should not only file suspension against to offenders

nor filing criminal charges against them such as multiple murder particularly to Police

personnel, should they process the proceedings as fast, polish and fair as possible. On

the other hand, they should remove them permanently in their offices for there are

already manifestations of using their authority in treacherous way.

On the case of reenactment of criminal incident, the government, particularly the NBI

and PNP must initiate to find the two stuffs that were presented on the onset of

Atimonan incident, for they are still characterized as pieces of evidence. These missing

pieces of evidence may strengthen more the reason behind the rubout case and may

open new avenue for thorough investigation.

POLICY PROPOSAL

On Reenactment Case-

Policy Proposal #1:

All or Nothing- Since Reenactment aims to solve the incident by portraying what actors

have done before, during and after the incident, it is important that all evidences are

there for the accurate investigation. Reenactment should not make without the complete

reconstruction of the evidences.

Policy Proposal #2:

13http://www.clearfx.blogspot.com/2006/05/horrible-truth-according-to-chr.html


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Reenactment will take place even if reconstruction of evidence is not as accurate per

se. Reconstruction deals with gathering tangible evidences and analyzing it, while

reenactment is acting on what was exactly happened in the incident.

On Police Operational Procedure-

Policy Proposal #1:

Since there is a rules that are being followed by Police Personnel, I think there is no

problem with the rules, but to the implementer itself. Grave punishments will impose to

the Police Personnel if they break the Operational Procedure to somehow threaten the

Police Officials or even personnel to abuse their authority.

POLICY RECOMMENDATION

On Reenactment Process-

Policy Proposal # 1: All or nothing-

As I read articles and news on social media site like blogger, yahoo news, Philippine

Daily Inquirer and the likes, I learned that reenactment is done after the reconstruction

of evidences relevant to the incident. In Atimonan incident, the reconstructions of

evidences were done by SOCO and members of Forensic Investigators assigned by

PNP to look after the case. However, the red bag and the brown leather clutch which

were also present in the incident were suddenly disappeared. Thus, we can contest the

accuracy of the reenactments that were done by group of De Lima is not as accurate as

what it should be.

Forensic Reconstruction can solve the case without conducting any reenactment of

incident, for the evidences in Atimonan Case was already present in the crime scene

such as the use of excessive force to the victims. If the purpose of the reenactment

process of the incident is to have an in-depth analysis of the case, they should first seek

the missing pieces of evidence in order for them to have a more realistic and accurate

conclusion.


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All or nothing means that If PNP / DOJ or other concerned institutions wants to re-enact

what was happened in an incident, they must first secure all the evidence present in the

plot to conduct an reconstruction. If the evidences are all present, it is about time for

them to do a reenactment process for them to have an in-depth analysis of the incident.

On the other hand, if some of the evidence is missing, it is better for them to do a

reconstruction of evidences than to reenact it, for they would not attain the best

conclusion due to lack of evidence presented in the incident.

On Police operational Procedure-

Police personnel-

Police Personnel are the ones who maintain the safety and security of the people. More

so, they know very well the existing laws in our status quo. Thus, they must be a good

example of law-implementers, and not of law-breakers.

With the above points, I think it is justifiable if we will impose heavier punishments to

police personnel who will go against to the existing laws or procedures of police

operation to somehow lessen the abuse of power by Police Personnel that is vested to

them.

If you are about to contest the biases of this policy to police personnel, I think it is

justifiable and fair to them. Police Personnel and Citizen have equal rights on the

existing laws. However, Police Personnel and an ordinary citizen have their different

roles in our society. Ordinary Citizens are the followers of the law which are being

imposed by Law-making body. They do not know the existing laws as is, only the

general ones such as it is forbidden to steal the property of other people or to slay a

person. On the other hand, Police Personnel has the authority to defend and secure the

rights of the people. They are not law-makers, but they are the ones who implement itand they possess extra knowledge of the existing laws. With these, I think it is justifiable

to initiate heavier punishment to Police Personnel who will abuse their power and

distorts the process of operational procedures in line of their duty as law implementers.


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BibliographyBooks

De Leon, H. (2008). Textbook on Philippine Constitution, 2008 Edition. Manila, Philippines: RexBooks Store Inc.

Web Pages

http://www.thefreedictionary.com/Reenactment

http://forensicsciencecentral.co.uk/index.shtml

http://opinion.inquirer.net/48389/rubout

Torres, T. (2013). INQUIRER.net. January 9th, Wednesday

Retrieved from:http://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootout#ixzz2NTjkcUJz

http://www.abs-cbnnews.com/nation/regions/01/09/13/suitcase-missing-quezon-shootout

Placido, D. (2013). January 17th, ThursdayRetrieved from: http://www.abs-cbnnews.com/nation/01/17/13/de-lima-no-shootout-quezon

http://newsinfo.inquirer.net/337871/quezon-police-chief-15-cops-relieved-over-shootout

http://www.philstar.com/metro/339311/murder-raps-recommended-vs-cops-

ortigas%C2%91overkill%C2%92

http://www.clearfx.blogspot.com/2006/05/horrible-truth-according-to-chr.html

http://www.abs-cbnnews.com/nation/01/19/13/chr-slams-excessive-use-force-quezon-incident

PDF FILES

PHILIPPINE NATIONAL POLICE OPERATIONAL PROCEDURES MARCH 2010
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Policy Proposal- Reenactmet and Due Process During Operational Procedure of Pnp

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