MY FB FRIENDS SHOULD KNOW THESE
SIMPLE TROUBLES THAT SOMETIMES
ARE HARD TO DEAL WITH
My client, a teacher in Araullo High School in Manila, called me at 9:00 this evening (June 7, 2013) asking for help on what to do.
This teacher complained that three policemen were hellbent on bringing him to their barangay hall because his neighbors complained that he fired his pistol the other night.
Because the spent shell of the bullet was recovered by them, the complaining neighbors demanded from the policemen to forcibly arrest my client and bring him to the police station.
I asked my client to let me talk to the police officers. A PO1 talked to me and I politely asked clarifications from him on what they intend to do with my client and this PO1 told me that they will bring my client to the barangay hall because his neighbors complained against him.
I told the PO1 that if he will forcibly bring my client, I would be compelled to file an administrative case against him because he cannot bring or invite any person if the person was not caught in the act by police officers or that the police officers have no personal knowledge of facts and circumstances about any complained act.
This PO1 somehow showed arrogance that they must bring my client because the neighbors are so insistent. I reminded the cop not to do it or I will be compelled to charge him.
Nevertheless, after this PO1 left the phone, I was able to talk with his team leader, a PO3, and I told the higher officer the same thing, told him to explain to the complaining neighbors that they cannot bring my client because they did not catch him in the act of firing his gun. So that even if the neighbors have spent shells of a bullet, it does not follow that it was my client who fired the same because it is always possible another person took the gun of another and fired it.
When the PO3 expressed fears that the complainants might charge them, I assured him I will be his lawyer for free to defend him.
The ending gave peace to my client.
The PO3 took it upon himself, assured he was armed with the knowledge of the law that they cannot be compelled to arrest my client, and let my client in peace and brought the complainants to the barangay hall and assist them in filing their complaint for Alarm and Scandal, a crime that is punishable with 30 days imprisonment or a fine of P200.00.
My client thanked me a lot that even though his night was disturbed, he is now at peace.
The first lesson here that my FB friends should learn is: POLICE OFFICERS CAN ARREST ONLY IF A PERSON TO BE ARRESTED IS CAUGHT IN THE ACT OR THAT THE COPS HAVE PERSONAL KNOWLEDGE OF FACTS AND CIRCUMSTANCES ABOUT THE CRIME THAT HAS JUST BEEN COMMITTED.
The second lesson here is that: WHEN THE CRIME OCCURRED A DAY BEFORE, THE PERSON BEING POINTED TO BY THE ALLEGED WITNESSES AS THE CULPRIT CANNOT BE ARRESTED.
The third lesson here is that: DON'T REACT WILDLY WHEN A COP CONFRONTS TO ARREST OR INVITE YOU, FOR IT ONLY TAKES A COOL EXPLANATION OR REMINDER ON THE LAW TO THE COPS FOR THEM TO RESPECT WHAT IS THE LAW.