‘Chicharon’

‘Chicharon’

FAQ about BP22, Labor Cases, Drugs Cases (RA 9165), Support, Estafa, etc.

To extend my public service into the cyber world I am open to any question or queries regarding your legal problems. Only questions regarding Philippine Laws will be entertained.

Defense, Drugs Cases, RA 9165

I have been in the business of defending people accused of crimes involving drugs. I can tell 95% of the time, the accused are not they supposed to be. Many Police Officers have the habit of arresting, without as much as following the procedure. The procedure is very easy to follow and it is very disturbing to know the reason why they intentionally deviate from the procedure is because the persons they arrest did not commit the crime or are not in the actual act of committing the crime. In my personal investigation, Police Officers will arrest anybody that their so called assets will point as the pushers or possessors of dangerous drugs, they do not care whether the information is true or not. Casing and actual buy bust is thrown out the window. The Buybust opeartion therefore is more of on paper than on actual facts. Many have confessed to yours truly that it is easier to charge and create the operation in paper and in affidavits than doing the actual operation. Hinging on the fact that they have this legal principle as their friend – “Presumption of Regularity” in the conduct of police operations.

Presumption of Innocence is the utmost principle in criminal law, but if we read some cases, this principle has  taken the back seat from the presumption of regularity. In some cases, the accused are no longer presumed innocent and MUST try to overthrow the presumption of regularity if the wish to be acquitted, the burden of proof therefore shifted to the accused. Needless to say the height of false conviction has never reached this height, because the courts allow this deviation from procedure. Police Officers are encouraged to do more because the courts would rule that any deviation from the procedure is NOT fatal to the prosecution of cases.

 I only have one question in mind, is it that hard to follow the procedure?

Republic Act 9165 increased the penalty for possession and drug pushing, but it recognized the need to protect the citizens from police officers who would abuse their authority. Section 21 was the safety valve so to speak.

(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof.
The same is implemented by Section 21(a), Article II of the Implementing Rules and Regulations of Republic Act No. 9165, viz.:
(a) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof: Provided, further, that non-compliance with these requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures of and custody over said items.

The first line of defense therefore is to ask the arresting officers to wait and go to the nearest barangay to witness the body search and confirm the whether there is any drugs present.

Now if the Operatives denied this request have any relatives to immediately go and have the incident blottered and specify the fact that you requested for the presence of the barangay in witnessing the arrest. Did I say immediately? The earlier the report to the barangay the higher the credibility of the defense.

Now if no one witnessed the apprehension then it will be a different matter.

Please follow the next post for the next defense.

“Disclaimer” I am making this post for people who would be victims of corrupted operatives who are now experts in circumventing the procedure and to help avoid innocent persons convicted of a crime they did not commit and to force Operatives to operate against TRUE drug pushers

Legal Facts about riding in tandem

early this day i have a client in the City of Manila who claimed to be charged before the city prosecutor of Manila for violating revised ordinance 1191-A. I was reading the charge and the officers who prepared the compliant stated that the offense is (Riding in Tandem)

For the information of the RIDING public there is no ordinance in the City of Manila prohibiting any person to ride in tandem. RIDING IN TANDEM is a misnomer. it should not be used as associated with criminal activity.

Be on guard! if police officers in Manila flag you down and charge you with Riding in Tandem do not be afraid to  tell the Inquest Prosecutor that this is not a crime.

Free Online Legal Advise

My service to you, I will give free Legal advise, just post your queries and I will try to answer them as soon as possible.

please avoid using true names and personalities to preserve anonymity and privacy

"DISCLAIMER" any advise given by yours truly is my own and based on law. I will do my best to give the utmost advise but should be taken with prudence and you are encouraged to seek a second opinion to validate the advise thus given.

Let's Start Suing

How many of us felt violated in some point and we let it go because we felt that it is a waste of time? well is it a waste of time? The true reason why we forgo with the filing is because we really do not know how to file this cases. How many of us know how to file a simple Slight Physical Injury case?

well here's how.

Step 1:  Immediately after the incident, go to the nearest Hospital to get you checked. this will be the stage wherein we will be able to determine the degree or seriousness of the physical injury we can file against your opponent.

The attending physician will give you a Medical certificate, learn to browse the medical certificate and find the space indicated as "Duration" most if the injury is minor it will indicate  less than <9 days. it means the case we can file is Slight Physical Injury. Refer to Article 263 to 266 of the revised penal code for cases wherein the injury is more than 9 days.

Step 2: Go to the Nearest barangay or police station and have the incident entered into their log or commonly and popularly known as the "blotter"

Note; if you are expecting that the barangay or police will go out and arrest your  opponent, well you are mistaken because the authorities are prohibited to do so because there is no instance of a warrantless arrest under rule 113 section 5 of the revised rules of court.

Note further that if you and your opponent live within the same barangay, the barangay will take cognizance of the case and if after a few hearing and no settlement was reached you can ask for the issuance of a "Certificate to File Action"

Step 3; Armed with your blotters, medical certificate and the certificate to file action ask someone preferably a lawyer to prepare a Complaint Affidavit.

Step 4: File the compliant affidavit with the prosecutor's office in your city or municipality.

from there the proceedings will ooze you up the stream so to speak and your off to go to the messy world of litigation.

remember pursue your right otherwise you'll end p having none.