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Old 10-12-2007, 08:25   #1
crazy_hans
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cop says"we don't have to know what mirnda right is"

Guys did you watch the news today? Itís about the police officers that were complaining because they were unduly exposed to embarrassment when they were asked what Miranda rights are and they failed to answer. According to the police officer in the interview not all cops know it because some of them, I guess including him, is not working as a field officer so they need not know it! The funny thing here is that he is the one who was unable to answer the question and he even had the guts to complain about it. Iím not saying that all police officers are like him because I met some who are really good like Sir Saki and a lot of others who are adept to what they are enforcing. I just remembered what I watched in the news way before (this was after the shooting incident in Pasig or Makati with suspected carnappers when a cameraman caught it on video) when a police officer was asked what is the rules of engagement, the officer just answered I donít know because Iím an engineering graduate. If my memory serves me right I think a high ranking officer was also asked and failed to answer as well. Given these circumstances I do believe that we are in big trouble since these are elementary rules. I guess there is no reason for me to be surprised when people complain about checkpoint abuses. I hope that the new pnp chief would look at this matter a little closer. Anyway Iím just sharing my thoughts, no intention to offend anyone.
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Old 10-12-2007, 09:20   #2
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Walang proper training. Thats the bad part. The realities of today.

http://youtube.com/watch?v=HjOgaxAPJl4

Ayan si kenkoy na pulis, "yes sir , yes sir" na lang kung na Bitag. Paturo muna kayo ni Ben,

Last edited by chowchow; 10-12-2007 at 09:35..
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Old 10-12-2007, 12:41   #3
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Mayroon din palang Miranda Rights sa Pinas? or is it called something else?

A recruit's mind is programmed to respect the rights of the victim and the suspect, particularly when arrest is imminent. I do not have any idea how PNP declares its Miranda Rights but US trained LEO's do know when to say these rights. In fact there is no excuse not to know it because our field officer's notebook has the English and Spanish versions on the back cover.
My 2 cents.
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Old 10-12-2007, 21:10   #4
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Were those the WPD cops sa tv lastnight? "Manila's Finest" indeed
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Old 10-12-2007, 22:24   #5
crazy_hans
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[QUOTE]Originally posted by jerrytrini
[B]Mayroon din palang Miranda Rights sa Pinas? or is it called something else?

yes sir meron po copied from the us case pati nga terry vs. ohio copied na din.
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Old 10-12-2007, 22:25   #6
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Quote:
Originally posted by Glock_19_9x19
Were those the WPD cops sa tv lastnight? "Manila's Finest" indeed

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Old 10-12-2007, 23:21   #7
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Akala nila "Mirinda, Sprite."
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Old 10-12-2007, 23:32   #8
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http://www.gmanews.tv/largevideo/lat...olice-protocol

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Old 10-13-2007, 04:37   #9
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miranda rights

i bet they would know what is "merienda" doctrine. hahahaha
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Old 10-13-2007, 04:57   #10
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truly saddening, but NOT ALL cops are like that.
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Old 10-13-2007, 06:48   #11
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Meron palang Miranda Rights dito sa Pilipinas?

Anybody who has the Tagalog version?
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Old 10-13-2007, 07:50   #12
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Quote:
Originally posted by PMMA97
Meron palang Miranda Rights dito sa Pilipinas?

Anybody who has the Tagalog version?
Mayroon kang karapatan na manahimik.
Kung ayaw mong manahimik,
kami ang magpapatahimik sa'yo.

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Old 10-13-2007, 09:28   #13
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Quote:
Originally posted by vega
Mayroon kang karapatan na manahimik.
Kung ayaw mong manahimik,
kami ang magpapatahimik sa'yo.

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Old 10-13-2007, 10:04   #14
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guys let's make this more interesting by including RA7438 i don't know why that cop is so angry when his CO did him a service pa nga.if they don't know what miranda rights is i bet they have no idea what this law is.anyway any question regarding this law and its PROPER interpretation should be addressed to lawyers like sir catsmeow and the likes.i'm not one so don't ask me po hehehehe.

REPUBLIC ACT No. 7438

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Section 1. Statement of Policy. - It is the policy of the Senate to value the dignity of every human being and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. - (a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.lawphi1ü

(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President. The person's "immediate family" shall include his or her spouse, fianc� or fianc�e, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any violation of law.

Section 3. Assisting Counsel. - Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting preliminary investigation or those charged with the prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light felonies;lawphi1©alf

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code.

Section 4. Penalty Clause. - (a) Any arresting public officer or employee, or any investigating officer, who fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such investigating officer or in his place, who fails to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring privately with him, or from examining and treating him, or from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).lawphi1©

The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and prevent his escape.

Section 5. Repealing Clause. - Republic Act No. No. 857, as amended, is hereby repealed. Other laws, presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent with the provisions of this Act are repealed or modified accordingly.

Section 6. Effectivity. - This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any daily newspapers of general circulation in the Philippines.

Approved: April 27, 1992.lawphiil
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Last edited by crazy_hans; 10-13-2007 at 10:08..
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Old 10-14-2007, 20:05   #15
atmarcella
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Quote:
Originally posted by charlie-xray
truly saddening, but NOT ALL cops are like that.
majority of people working for government are just plain incompetent, if the're not then they're thieves, but not all of them are.....just the majority
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Old 10-14-2007, 20:48   #16
CatsMeow
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Quote:
Originally posted by vega
Mayroon kang karapatan na manahimik.
Kung ayaw mong manahimik,
kami ang magpapatahimik sa'yo.



I know there is such an animal as the Miranda rights here in the Philippines since I asked that specific question in first year law school.
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Old 10-14-2007, 20:51   #17
CatsMeow
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Quote:
Originally posted by atmarcella
majority of people working for government are just plain incompetent, if the're not then they're thieves, but not all of them are.....just the majority
I work in government, but I'll let that pass, since I 100% agree with you!
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Old 10-14-2007, 21:18   #18
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Excuse me for this comment but karamihan nasa PNP ay gusto nan dyan kasi maka pera sila sa mga sideline. PA , PAF at PN walang pera at mahihirap pa ang kalaban . Buhay bundok ...
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Old 10-14-2007, 21:39   #19
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My brothers, please be civil in you comments, mayroon mga police officers dito sa forum.
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Old 10-14-2007, 22:30   #20
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http://i207.photobucket.com/albums/b...boy/d2k_14.jpg

fashion model si pareng sekyu

Last edited by chowchow; 10-14-2007 at 22:37..
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