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Tuesday, July 08, 2008

 

Manila council passes
ordinance vs. arrest abuses

 
The City Council of Manila has passed an ordinance requiring law enforcers to coordinate with barangay officials before and after an arrest or search operation.

Vice Mayor and Council Presiding Officer Francisco “Isko Moreno” Domagoso said the ordinance aims to protect the rights of Manila citizens against possible abuses from members of various law enforcement agencies.

Under the ordinance, any law enforcer may conduct legitimate operations within the city but he must first coordinate with the local barangay officials under whose jurisdiction the area of operation concerned falls.

Once the operation has been conducted, Moreno explained that the law enforcers concerned, having initial custody and control of any evidence seized, “shall, immediately after confiscation, physically inventory the same in the presence of the accused or the person from whom such items were confiscated or his representative or legal counsel.”

A barangay official must also be present to witness and sign the copies of the inventory and receive a copy of the inventory documents.

Covered by the said ordinance are members of the Manila Police District, National Bureau of Investigation, Special Action Force, Criminal Investigation and Detection Group and other similar units or agencies of the government.

As a counter-measure against those who may sabotage or tip off the subject of such operation, Moreno said any barangay official who receives information about the pending operation and then assists the person to elude arrest will face an imprisonment of from eight months to one year or a fine of P5,000 or both, depending on the court’s discretion.

The same kind of punishment applies to any law enforcer who violates the provisions of the said ordinance.

Moreno said the ordinance does not cover offenses falling under the Human Security Act where warrantless searches or arrests can be made.
-- Rommel C. Lontayao

   

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Severino O. Frayna Jr., Benjie Dela Rosa
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