Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
device
0:03
is ready to
0:14
be this. I left my
0:24
house at 630
0:45
is
0:50
perfectly preventable.
0:58
Number five
1:00
They aid in the expressway. Those of
1:07
you that drive
1:23
number one, remember
1:27
things to be go to something stationary.
1:37
The same stationary.
1:40
If you pass it before the three seconds
1:43
you're driving,
1:45
people tend to forget that they drive on the
1:47
expressway
1:54
suddenly life breaks
2:00
And
2:03
the
2:05
involved
2:14
so
2:23
doesn't work.
2:27
No, no, no, no.
2:29
Just your energy. Anyway your one hour of electricity because your
2:36
mixer is very comprehensive, pretty much
2:40
your wife, your wife really get mad and sad, sad excuse me before you
2:46
understand the mobile apps here that lawyers who are those who are earning must
because they are good lawyers. They're good practitioners
2:56
yesterday like you
3:01
Oh, cool. This one
3:04
you can buy me
3:11
a malolos famous
3:21
really just spent on what is this?
3:25
Anyway, let's go back to the
3:30
rest. So
3:33
last time I
3:34
made was nothing.
3:42
Last night I focus on the three
3:47
instances of valid warrantless
3:49
arrest under section five
3:54
and I told you his
3:57
role
3:58
originated from The decision to the Supreme Court
4:02
is to be around. Those of you
4:05
who are not familiar with that case,
4:09
male vs frameless stemmed
4:11
from the arrest
4:13
of a legit
4:15
NBA member
4:17
or the police injured in a shootout with police officer so he was confined in a
hospital and recuperating from gunshot wounds and the police came in and arrested
him.
4:37
And he was charged with that
4:40
time not only
4:42
rebellion,
4:44
but also the continuing offense of
4:49
violation.
4:50
Republican 1700
4:53
those of you remember are a 1700 was the version
5:01
The ID suppression app is no longer in effect it was
5:07
police repeal
5:10
during the time of President today will be around
5:14
the
5:21
attenuate the
5:23
Supreme Court, the majority of the Supreme Court upheld
5:28
the arrest because already 1700 makes subversion of the offense and so
5:35
even at the time that
5:37
he was not up in arms, because rather he was in the hospital and balancing
5:43
from his
5:45
gunshot wounds. He was still pursued by law to beat the apple
5:50
version and rebellion.
5:55
But
5:56
in that decision,
5:58
just this is a banding Groups
6:02
satanic groups is very is a justice that is very close to my heart because he is
the elder brother of doctor
6:10
who delivered me from my mother's in
6:16
the hospital because my mother had a difficult
6:18
pregnancy.
6:20
And yeah,
6:23
just this is a guy named Cruz descent,
6:26
saying that
6:28
While it is true that
6:31
rebellion and subversion
6:32
are continuing offenses,
6:35
however, the court must look into the particular circumstances the setting the
accused at
6:41
the time of his arrest, because at that time,
6:46
it was confined in a hospital
6:50
laying in a hospital bed, recovering from gunshot wounds, and anybody
6:56
in his position
6:58
or not. Sounded like the
7:02
engage
7:04
in
7:05
subversion as the government.
7:06
That was the point of justice
7:11
seems logical. The point
7:13
of justice views seemed logical
7:15
in that case.
7:17
However, as I told you the majority of the room for all the arrest of the accused
in that case, and they came up with
7:25
three instances now to train in section five Rwanda, three
7:30
instances of violence.
7:34
Now, at this juncture,
7:35
at this juncture, let me clear your mind.
7:39
Those three instances are not the only authorized instances. If you look
7:50
at section 13 rule one
7:55
when a person who has just been arrested
8:00
escapes from discomfort from
8:03
the
8:04
person.
8:06
He may be understood
8:07
immediately
8:10
without kneadable warning.
8:12
Now to differentiate that section 13 rule one
8:19
paragraph C, section five.
8:22
In paragraph see
8:26
the person arrested is a fugitive. He's already serving his sentence, meaning he
was already convicted by final judgment has been committed to a penal facility
where he's supposed to serve his sentence, but escapes.
8:51
So he can be
8:52
rearrested anytime
8:56
in Section 33
8:57
The person
9:00
there has just been arrested meaning
9:02
he has not undergone trial yet.
9:06
He has been arrested and he escapes. Maybe some sort of a
9:11
Filipino Houdini.
9:15
Houdini and they play,
9:17
like playing tricks on
9:21
the handcuffs of old could easily be paid with a haircut. And
9:28
there are tricks that magicians
9:32
post on YouTube, like
9:35
filling your lungs and enlarging your body at the time of the arrest and senior
risks in the muscles so that
9:43
after the
9:44
thoughts placed on you force the police officer who will take care not to use
unnecessary violence because that is pretty good. In
9:54
rule 113 would
9:56
place it in such a way that
9:58
you could still clouds and rain
10:03
by interferes with your skin. So,
10:07
when you deflate
10:10
there's actually some
10:12
millimeters of additional Bridgeland space
10:17
that you can get out of somebody who might have seen this posts who employ the same
strategy
10:25
and escape.
10:26
That person can be arrested anytime
10:30
without work.
10:33
And next one is
10:36
in found in one month for
10:40
when a person who has
10:44
posted this pain and has been released a
10:48
temporary Liberty by the port after posting their
10:52
tries to leave the Philippines
10:58
tries to be in the Philippines.
11:01
Without authority from the court.
11:05
He may be requested anytime, even without warrant.
11:12
And
11:15
this last one
11:16
has led to a
11:19
court corrupt rockin
11:22
in the airports
11:25
because the Bureau of immigration is supposed to be furnished copies of
11:33
these
11:34
warrants of arrest for persons
11:38
are supposed to be sharing the database
11:39
with the FBI
11:43
so that they will be able to monitor
11:46
the those who are trying to escape from
11:49
criminal jurisdiction.
11:52
What they do what they did, I don't know if you still prefer them
11:56
but
11:58
they corrupt officials would
12:02
tell a passenger that you have a criminal record pending criminal case.
12:09
So you must clear it up.
12:11
And as the flight nears, the passenger becomes
12:17
afraid
12:18
or apprehensive that he or she might
12:22
miss the flight.
12:24
So, they come up with
12:27
what they call women solution where messenger warfare
12:33
after an
12:34
exchange of consideration
12:37
and this is what made the claim that you are trying to
12:41
escape from freedom
12:42
dangerous. So to recap it,
12:46
we have the three instances in section five and normal three that we have
12:51
the two additional instances,
12:54
also one under Section 33 which is
13:00
And the last one would be the person who is about to leave without authority.
13:08
So he that is a violation of the main man you know, when you post a criminal case
you post
13:14
be
13:16
you sign or execute an undertaking
13:20
the accused or the accused.
13:23
The accused will execute
13:25
in undertaking
13:27
that he will present himself
13:31
before the board,
13:36
particularly when he is instructed by the court to attend the hearing.
13:43
He will present himself at the time of the pronunciation
13:46
of judgment
13:54
violates this
13:57
that he can be arrested now
14:01
Let me just jump ahead because I want
14:04
you to understand this situation.
14:09
criminal case,
14:11
pending criminal action.
14:14
In cases
14:15
where bail is required, no fines of the firm were paid,
14:19
required, because there are
14:21
a number of criminal cases
14:24
those which are under suffering, which no longer required.
14:33
To give you a prime example
14:35
would be
14:36
bb 22. The bouncing checks for
14:44
bp 22 has been relegated
14:46
to summary procedure.
14:49
And
14:52
in the late 1990s, the Supreme
14:54
Court issued a circular that was under chip justice.
15:00
Meaning the issued a circular
15:02
instructing of first level courts because this is where the 22
15:10
is being launched as a matter of original and exclusive
15:13
jurisdiction
15:17
instructed
15:19
first level courts that
15:22
in train bb 22 cases, they now have to apply
15:28
a hierarchy of penalties.
15:33
So, from an imprisonment
15:35
of one year
15:38
or every time what the Supreme
15:41
Court said
15:42
was, you can
15:45
no longer impose you may no longer impose
15:49
the penalty
15:50
of imprisonment.
15:52
Instead, in between 22 cases, the court will not impose a span of the amount of the
check
16:02
Sorry, the check bounced for 200,000
16:04
or 1 million, or for how many billions? It doesn't matter how much
16:10
is the amount, it still be different.
16:15
So it doesn't matter. The court now we choose impose the amount of the check
16:24
as fine and the same amount as civil damages to the complainant.
16:34
Last if there
16:35
was a prosecutor now
16:43
requires me so
16:50
you
16:51
because you don't require pain,
16:53
you no longer have to
16:56
site and other thing execute the other thing
17:01
As long as you're playing offense every person
17:14
when a person is
17:16
accused in a criminal case,
17:19
jumping ahead on this one because
17:21
I this is connected with
17:24
this position
17:26
when a person is an accused in agreement
17:31
and the person either posts pain or is not required to persuade the person the
accused should attend
17:41
all hearings all appearances.
17:45
But after
17:48
the arraignment and retire,
17:51
these are the instances
17:52
when the accused is required arraignment because the court
17:57
or the rules of court requires Me personally.
18:03
Even if it comes
18:04
under the provisions of the guidelines of odd style, which I will discuss
18:09
later with you.
18:12
The accused is still required
18:15
to attend
18:17
and make me Now
18:19
why did I sequela
18:20
the guidelines because under the guidelines
18:26
in
18:27
cases in multiple criminal cases, those of you who work in your PC,
18:34
please do remind your judges
18:38
only in multiple
18:40
criminal cases. That's what the guidelines say. The
18:46
accused can waive the formal reading of the information.
18:52
I have seen the abuse committed by courts on this moon.
18:58
They allow for The waiver of the formality of the
19:03
event there is only one criminal.
19:07
The guidelines of continuous trial
19:09
allow it only in multiple criminal cases you can
19:12
check
19:14
the guidelines you will see.
19:19
So, the accused
19:20
will be array will discuss treatment
19:24
later
19:26
and he will enter and then
19:29
require usually now, free trial
19:32
follows in which the
19:35
after arraignment unless for some reason,
19:37
the prosecution will ask me determine, like the prosecution. The
19:44
evidence will consist of numerous documents which the prosecution
19:50
or the prosecution
19:53
still does have been exposed to the
19:56
bulky and numerous object
20:00
can be the subject of a different. So,
20:07
the US has to be there
20:09
Why? Because in pre
20:12
planned proceedings
20:15
and you will find this in the rules of Criminal Procedure under Rule.
20:21
Before it's easy to remember because the secret procedure
20:26
principle in some cases is really just at
20:30
100 100.
20:35
Cases
20:37
whatever the mothers to be discussed their
20:40
party so the accused has to be present.
20:44
The bargaining now
20:46
is very very prevalent in cases involving violations
20:51
of Republic of 9165 with a comprehensive
20:54
Dangerous Drugs 2002 more particularly When the Supreme Court decided that these
21:03
people versus before now
21:06
where the Supreme Court invalidated as being unconstitutional,
21:11
that prohibition of our a next 165
21:15
that prohibits me bargaining in drugs.
21:21
Now, we have
21:23
so many lead bargaining instances important,
21:29
provided, of course, that there is observance of the matrix issue. And this is
where the Supreme Court and the DOJ pathways, because in the Supreme Court matrix,
the maximum out of drafts that
21:46
can be allowed to enter the market is one draft. But,
21:54
in the DOJ matrix, it's only point nine
22:00
There's a variance of point 01.
22:05
And, of course, the matrix issue with spirit or
22:10
that's why you hear the prosecutor
22:14
usually say with our usual objection.
22:20
So,
22:21
paper building is one of the instances
22:26
to be discussed or taken up in pretrial
22:30
proceedings
22:32
in the guidelines of 14 years prior, there are also steps are there
22:37
also parameters to
22:39
be observed
22:42
in plea bargaining,
22:45
criminal cases, the consent of the ICM officers when there is no right in
22:54
which pieces are allowed
22:57
to be the Birkin set So they're discussing
23:03
aside from plea bargaining,
23:04
what else we discuss
23:08
in stipulation of this is the
23:12
consideration
23:13
why the accused has to be present.
23:17
Because in stipulation of fans, when the court issues the pre trial,
23:27
containing a summary
23:28
of stipulate that between the
23:31
prosecution and the defense
23:33
the accused and counsel we signed with required to sign the require
23:40
in order to
23:41
make the stipulations binding on both parties.
23:47
Cycle Time, a modification of the order is used in the process and
23:53
local defense
23:54
for any of the defenses of
23:59
accepting justifying circumstances
24:00
and the device.
24:03
There will be a reversal of the order
24:06
where the defense will proceed to present
24:11
growth, the affirmative defense
24:13
against
24:17
that the
24:17
wavelab objections to the
24:20
visibility of evidence. This is a particular problem because prosecutors sometimes
24:27
with judges are not aware that as early as the
24:33
a party can already record
24:35
the basis of
24:37
objective the to the admins and
24:45
such other members that will
24:47
aid in the problems.
24:50
The accused is required to be there. arraignment break right after the trial. The
court will take the case to
24:59
trial Now, when the trial begins, the accused
25:06
who may be attending to a very important factor or he's taking care of business or
top 30 professional, whose presence is constantly required at his place of work, or
where he practices his profession.
25:23
The accused,
25:24
General Counsel can execute a waiver of happiness.
25:30
That's something that's not rules.
25:34
But the accused can waive his appearance, in which case, even if the accuser is
upset, the trial will proceed as
25:42
long as this comes in is there
25:45
without resulting in upsets
25:49
a trial obsessor will only take place when the accused jumps,
25:54
pain or escape escapes from custody
25:59
and no longer presents himself to court.
26:03
Now, when the accused finds a waiver of appearance,
26:05
the condition there is he admits his identity which
26:13
he may already have admitted during.
26:16
But what he means during the trial is that
26:19
he is the same person charged information
26:24
in a waiver of
26:25
appearance,
26:26
what that means is the witness the complainant
26:29
and his witnesses can
26:32
identify him. And whenever his name is mentioned, it is understood to refer to him
as a
26:42
substantial
26:44
part of the waiver and that
26:47
he still understand other dates to present himself
26:50
when required by the court and the presenting. So,
26:52
Julie from Asia.
26:55
So
26:57
take it up a notch higher
27:00
So that we can correlate this now to
27:03
the instance of a valid
27:08
if the person is accused,
27:11
he has a pending criminal case he's out on bail.
27:15
Can he still go abroad?
27:18
without running afoul of the law?
27:21
Yes.
27:23
by filing a motion for authority
27:31
and in that motion for authority to travel
27:36
aside from attaching his itinerary,
27:41
his plane tickets go away
27:43
and coming back his passport
27:47
showing his
27:50
visa
27:51
where a visa
27:54
or and I think that they I think that it would show that the country of the In Asia
is
28:01
a non visa factory for Filipinos.
28:06
And an offer for offer the course
28:11
additional bond to be determined by
28:16
the court finds the motion to be medical equals because such as in this
28:21
updated via this is more certainly something
28:26
that via public officers are charged. It
28:30
so happens that by virtue of their office because they have not
28:35
of course in the initial six months for the filing of the basis of
28:38
legal by the way the suspended
28:41
cases ran for more than six months.
28:45
And the the performance of that up since their inception. And the final
28:51
judgment
28:55
in May invariably result in an instance where there Presence
29:00
is required abroad.
29:06
So those aren't instance like they have to go to the National Conference,
29:13
ever governmental function they might be holding.
29:17
So in this instance, you can file a motion for
29:23
the court the meritorious, the court will issue an order allowing you to travel
adopting
29:30
the evidence that you have submitted
29:31
regarding your itinerary,
29:34
your date of departure, your date of arrival arrival,
29:39
the address that you will keep abroad
29:44
and of course, asking you're directing the file additional.
29:50
So for example, the accused posted be 200,040 space,
29:56
the court may require an additional 200,000 guaranteed the return of the
30:03
upon the return of the accused,
30:06
you file a motion for the
30:09
court containing a manifestation that they accused the accused to present
themselves and
30:18
pray for the release
30:24
can be done. That is done.
30:27
It's been done
30:27
so many times,
30:30
although it's not in the truth.
30:35
So, beyond that
30:40
the accused
30:42
has to be arrested by
30:49
the instances Okay.
30:54
Let me give you a survey of cases
30:59
that will further defy
31:02
the rules.
31:07
First of all,
31:11
when a person
31:13
is to be arrested,
31:17
you already know there are two instances or the person will
31:26
be arrested by virtue
31:30
that has to be issued by a judge under the Constitution, right? Because the
prosecution was a requirement of the Constitution requires
31:39
that the judge
31:42
examine the
31:44
complainant and his witnesses under
31:48
oath or affirmation.
31:55
make a distinction
31:57
for purposes of issuance of the Want to
32:00
replace the constitution on the advice of the judge
32:04
examine the complaint.
32:07
And then after
32:11
the requirement of
32:13
searching questions and
32:15
answers is with regard to the issuance of his search. But for
32:22
purposes of the show and some require
32:26
prosecution on the requires the judge Sammy. All
32:37
he does is doesn't mean that when there
32:40
is this requirement
32:42
that all witnesses must personally appear before the judge and the judgment
32:53
in some event versus massiah 167 spread the net
33:04
Does it show that this is
33:07
it's an event versus last year
33:12
versus judge
33:15
Manila.
33:18
The Supreme Court explained that all the
33:20
judge has to do in order
33:22
to satisfy the constitutional requirement is the judge can look into the
33:29
records of the piece.
33:32
As we discuss the
33:33
moonwalk
33:35
preliminary investigation
33:37
after either the request or preliminary investigation, the fiscal or the prosecutor
issues the resolution.
33:44
If the resolution is for the filing of a criminal action then
33:50
and then it will be raffled among the
33:53
branches of the
33:55
first ever MPC, MPC
33:58
or second level ports.
34:01
After the case is for what it to the judge, the judge under section five
34:07
rule one can look over the records. This is when the judge can comply
34:14
with the constitutional requirement that before the issuance of a warrant
34:20
judged only by a church,
34:22
he or she has to examine the
34:24
complainer and his witnesses by under oath or affirmation,
34:30
the judge now in exercising his or her authority, and the section five
34:36
will go with records for more.
34:40
And
34:41
looking there on the judge can either one
34:45
file that there is probable cause, he should
34:52
take note and making a careful distinction of the use of probable cause and
probably not using
35:00
lithium,
35:01
because under the Constitution,
35:03
what is sufficient is probable cause for the issuance of a warrant.
35:08
And that probable cause is based on the
35:12
resolution how the prosecute or crush your city
35:18
in the resolution, giving justification for the decision
35:23
to file a criminal action against it,
35:26
as well as behind the resolution. The judge will take a look at the
35:31
affidavits that
35:33
were affirmed before the prosecutor jury
35:37
preliminary
35:41
so the judge can see now if the judge determines that based on these records, there
is probable cause issue a warrant so that the abuse may be held for trial.
35:55
The judge
35:59
and by will
36:00
be so the judge has already
36:04
fulfilled what is required by the Constitution.
36:09
So there has to
36:10
be, it doesn't need to be
36:12
personnel. That's the essence of
36:18
67393.
36:22
On the other hand,
36:25
if
36:27
the
36:27
judge deems that the prosecutor
36:34
completed the mistake or maybe over indulge overindulged, drawing inferences that
are no longer supported by the evidence,
36:43
the judge will make all the rest
36:47
and instruct the prosecutor
36:51
to submit additional evidence or require additional
36:57
is the prosecutor face to do so.
37:01
refuses
37:02
to do so. The judge
37:03
may not only with all the show
37:09
altogether dismiss
37:12
the criminal action.
37:13
That's the power of the judge in section five.
37:19
In relation to who
37:26
was known for as long as the judge person and he evaluates
37:31
the
37:34
affidavits and the records for the judges.
37:44
That is why, and let me jump ahead again to remind you of a very vital
37:51
duty of the defense counsel,
37:53
which
37:55
a lot of lawyers have forgotten.
37:58
That is why it's very important. That when you are engaged with the concept of the
38:03
appeals,
38:06
go to the port and
38:08
look at the records because sometimes the prosecutor does not for
38:16
the conference
38:19
controverting evidence submitted by the responded
38:22
during the preliminary investigation
38:25
or inquest and the waiver of Article One.
38:30
And so the review of the judge becomes one Sunday.
38:35
There is a danger and so you must take advantage of the permission
38:41
that you can find emotional for the prosecutor to
38:48
investigation.
38:51
The court so that the
38:53
court can happen
38:56
records Now,
39:07
you all know from
39:12
last night's discussion of that
39:15
need not even be in the possession of the
39:18
police officer
39:22
is enough the arrests the person and complies with the requirements of arresting
the person with
39:33
where he introduces himself announces his authority as a police officer. And
39:42
he's been arrested by warrant for
39:46
a case of whatever criminal actions there
39:52
is an opportunity and the
39:54
accused or person to be arrested
39:59
submetering into the custody of your
40:02
then the officer can tell us about his rights,
40:08
that he has the right to counsel
40:12
and that he can avail of counsel of his own choice.
40:20
It also has the right to be silent or
40:22
remain silent. discuss something with that about that later.
40:33
And that will remain silent. Anything he says
40:42
under Republic
40:43
9348
40:45
us I think it's
40:47
important for the
40:49
US also has a right to be visited
40:53
but he needed family members.
40:57
A priest or minister of this religion denomination,
41:02
NGOs or non governmental organizations are involved and are recognized for
41:08
protecting the rights of persons under protection.
41:15
This are a
41:17
7348
41:20
is the
41:21
law prescribing the rights of persons arrested
41:26
and the duties of the arresting officer.
41:40
So,
41:43
I told you that when a person when an officer arrests a
41:48
person for the commission of an offense, he needs some help. And
41:53
he can do that in
41:55
both classes
41:57
in under
42:01
But there is a reason
42:05
only when the person someone can extend
42:09
without danger to himself is he
42:13
obligated to help otherwise he has
42:16
like in case of a shootout where the person
42:22
is building a gun and the shooting
42:25
the officers.
42:27
The officer will be spin down.
42:30
He cannot
42:31
get out of the place where is it?
42:36
Because that's
42:37
immediately exposed
42:40
in that way.
42:42
And he's
42:47
also
42:50
take both of these two qualifications
42:53
when
42:54
the person to be arrested
42:57
is seen inside the building.
43:00
is reasonably believed to be hiding inside the building.
43:05
The officer can break into the
43:13
this is true both in arrest with water
43:16
and water.
43:20
And if he is in prison,
43:24
inside the building after
43:26
conducting the arrest of the
43:29
person will be arrested the officer for the first of the sovereigns that
43:34
may also break out of the building. There
43:41
is no need for a special order.
43:43
You must distinguish this
43:48
from
43:49
the criminal case of
43:51
violation of
43:53
this abuse your mind of the common use
43:56
of the third
44:01
Because trespassing in an
44:05
inhabited
44:08
a lot of people
44:11
end up using trespassing on their
44:19
property thing there is violation
44:20
of longside where police or state forces
44:27
forcibly enter your home
44:29
without your consent. You must
44:33
differentiate when the reason for breaking into a building,
44:39
even with this habit is to
44:43
arrest a person wanted by the law
44:47
either
44:48
instances of valid work or another one that is not
44:53
a violation.
44:57
What prevails there
44:59
is interest of law and order
45:04
and the police officer can break into
45:07
the building
45:08
or enclosure or house.
45:12
Because you know
45:16
being
45:17
big enough and having prostate families
45:19
sometimes works in the reverse, it becomes an obstacle to the law.
45:27
So you have so many family members living the same way part of their family. I
didn't know that the speaker's
45:34
lights up whatever is
45:39
it's kind of funny
45:41
where it's like a graphic equalizer
45:45
anyway,
45:47
but you find it distracting.
45:53
So
45:55
there are so many people
45:58
who will try to prevent
46:00
rest of their lives.
46:04
But there are also persons who are exempted from criminal liability
46:10
when they give it to their peers
46:13
such as the
46:15
immediate family. The Father, father, son, daughter wife
46:23
must all be aware. Okay.
46:35
The general rule as regards
46:36
arrests, searches and seizures is that a water is needed in order to value
46:45
the constitutional prohibition
46:47
against.
46:49
Remember article three, the constitutional prohibition against unreasonable
searches and seizures refers the most effective without a valid The water
47:04
in case there is a wonderful place.
47:08
The objection on grounds of
47:10
unreasonable searches and seizures cannot be bought
47:15
only when it is a piece of water
47:19
that it can be.
47:22
So the constitutional prohibition against unreasonable searches and seizures refers
to the most effective without a validly issued
47:31
warrant, subject to
47:32
certain exceptions. That is the case of malapa versus corn
47:38
fields to the prescribed 1.9.
47:41
Pages Watson, Watson. Therefore, the doctrine is that the one of the words is
required
47:48
before and the rest is green.
47:51
A warrantless arrest is merely
47:55
sections of the general rule, requiring water the other five pieces This is
48:02
the SEC the three instances under section five
48:05
of three
48:07
plus
48:08
the one who is who escapes arrest
48:12
and the fugitive
48:14
who is trying to escape from Peters
48:18
etc
48:22
that's my laptop versus now
48:34
in an arrest in paragraph
48:37
under section five
48:39
letter a
48:42
mere suspicion and reliable information
48:46
and not justifications for water,
48:52
suspicion and reliable
48:53
information. This word sound familiar
48:58
is the Are the favorite
49:04
destinations of police officers today?
49:08
species and
49:13
especially the reliable information comes from an unnamed unknown,
49:19
an identified
49:22
asset or concerned citizen. Oh,
49:26
close up the police station.
49:31
And I find it fantastic
49:32
that
49:35
we still have police stations
49:38
where they have a working telephone.
49:45
They
49:45
allegedly call
49:46
up the police station information.
49:53
So they use that
49:55
it's not a justification for water.
49:57
This is why
50:01
The instances rather than
50:03
the sexual fibers
50:06
in the first instance, you know, there has to be first enough knowledge and
observation of the completion of the fine. Right.
50:19
second instance, under hot pursuit,
50:21
the police officer was
50:27
coming from,
50:30
from
50:32
personal knowledge of facts and circumstances that will
50:36
make you believe
50:38
that the person
50:40
will be arrested is the perpetrator or the recent Lee committed crime,
50:47
emphasis on the word research. He cannot involve Hot Pursuit after
50:52
one day or in some instances
50:55
even after several hours.
51:00
The Pursuit was the meeting.
51:02
So
51:05
suspicion and reliable
51:06
information are not justification such words are not in section
51:14
three. On the contrary, the law requires that the accused performs some overt act
that would indicate that the sob that is actually competing and
51:25
always attempting
51:28
over it, meaning something perceptible something physical.
51:35
Something that can be
51:36
addressed to the census.
51:39
Remember that the police officer week that there is no warrantless arrest
51:43
is a very vital witness of the prosecution is most important.
51:48
And as we have defined witness in the rules
51:52
of evidence which we reviewed last the cemetery's a person who can perceive and
perceived You can read or
52:03
relate that perception of others is a weakness.
52:09
So, if the police officer did not perceive that
52:13
he has a problem, the validity of the arrest and the credibility of the story.
52:19
jurisprudence instructs that 41
52:21
of this person will be granted the other paragraph in section five to be valid to
great facies
52:28
was the
52:31
first person arrested must execute an overt up requirement of an upward path that
is observable,
52:40
indicating that the business community
52:42
is actually committing
52:43
or is attempting to commit a
52:45
crime. And second, such
52:48
over is done in the presence or within the view of the arresting officer.
52:57
Let me add here,
52:58
not just money The presence
53:01
or the presence
53:02
or within the view, but also within the
53:06
hearing the results
53:09
while in the hearing
53:12
there are cases which will meet
53:18
some there
53:21
that's a spoken like
53:24
the police officer has been
53:27
slammed
53:30
in slumber you cannot present a witness with death.
53:36
Possibly
53:36
hear what was said. That is the crematorium.
53:41
Remember the requirements of
53:42
Article 353
53:45
livewell is the same as their only that
53:47
the libel
53:49
and slander is spoken. So
53:54
what is being
53:56
the public and malicious implications of a vise crack? 43 years
54:02
old, imaginary,
54:06
real imaginary
54:09
thanks to defame the
54:15
complainer or blockier
54:20
a person was dead.
54:23
So the vice prime or defect show we made was depicted
54:28
leaving something that does not
54:38
so when spoken police officer
54:43
also
54:46
breaking against order disposal disposal then
54:59
I just picked C sharp
55:04
or the balconies, this should be not just within the view.
55:10
Yes, the police officers there and he's an expert liquid.
55:16
And Mr. Mr.
55:20
When I said crisis
55:20
can be completed with your time
55:26
because the Euro said a great bargaining for behalf and he came over a lake that he
could have received business.
55:38
Yes, but
55:40
in certain circumstances
55:44
the use of the statements
55:46
yes because a metal cannot
55:49
allow any did
55:51
anything good
56:03
Will the court
56:05
rely on the findings?
56:09
because in that case of labor, which was
56:12
involved with a congressman is
56:17
public preschool compound immediately
56:21
because of the image
56:25
is vast
56:29
and it was referred to just nimisha paintings of
56:33
the gods immediately issued
56:36
for the basis of the findings of
56:37
probable cause, with that going over it. In other words, my question is will the
requirements of praval book was satisfied? Because that
56:48
was that was special and
56:52
the judge personally
56:56
the word there is such a following
57:00
If we personally if we do this,
57:04
then there
57:07
was nothing
57:08
and the search is subject to
57:15
the arrest.
57:20
You know that this way this
57:23
this petition was
57:25
included in room one was an added
57:30
safety net, because in Salonga versus the
57:35
court make prosecutors aware that when you investigate cases, make sure
57:41
that the preliminary investigation is also secured
57:47
against these malicious, oppressive,
57:48
expensive public files right
58:00
So the prosecutor has to be aware of that.
58:03
It is not a rudimentary
58:04
exercise of authority
58:07
to indict somebody in
58:11
a southern light states,
58:13
the prosecutor must strike art blows.
58:20
So always remind
58:24
yourself,
58:25
always remember that you represent
58:29
all the Filipino people you represent the state and your God is to do justice to
everyone, including the respondent or the leader
58:49
in less than three years. We will know whether the actions are low
58:58
but not at this time.
59:02
Now that jurisprudential illustration.
59:10
A jurisprudential illustration of an arrest is one main after conducting a
59:16
bypass operation, that's a case of people in verses
59:21
619
59:22
volumes 68.
59:26
This was decided in June 17 2013.
59:29
Here
59:32
the Supreme Court ruled and arrest me after an entrapment operation does not
require water
59:38
in as much as it is considered a valid warrantless arrest.
59:42
Why? Because the assumption is,
59:45
the presumption is
59:49
there was a valid police
59:53
and that in the police operation, the police officer acting as full sure fire
1:00:02
was able to purchase from a drug better
1:00:07
a certain amount of drugs in exchange for the money either
1:00:14
with the money in which case it's fake currency
1:00:17
or the state money. I remember emphasizing
1:00:19
that because if you look at the model on legal drugs operations
1:00:26
promulgated by the National Police Commission in February 2010.
1:00:32
It requires that the money to
1:00:34
be used in direct operations and the telegraph telegraphing something to this
1:00:40
is my case before the course
1:00:46
is that the money should be tested fluorescent
1:00:51
that's under the circular
1:00:56
so the centuries there was an exchange of the darkness. There was a clock
1:01:02
or he can be arrested because the trespassers are slowly drop to the ocean via the
pusher buyer then has
1:01:11
his deep personal knowledge of the condition of the crime.
1:01:15
That's why
1:01:17
the arrest can be a valid warrant
1:01:20
arrest under the rule of law.
1:01:25
Considering that
1:01:26
an arrest was not only made the search incident to such an arrest was also valid
person lawfully arrested in search without a search warrant for dangerous weapons
or
1:01:38
anything which may have been used to constitute proof in the condition of it. This
1:01:44
is a case of people versus some more boggin
1:01:47
16 describe
1:01:48
these 306
1:01:53
also in relation to
1:01:54
people versus rebel thousand 619 scrap 411
1:01:58
June 13 2013
1:02:04
decided June 17 2013.
1:02:07
The cases of
1:02:09
Passover decide that the
1:02:11
four days earlier to 13 2013.
1:02:13
Now, that the
1:02:21
digressing a little bit regarding this,
1:02:24
when you say
1:02:27
bypass operation in either
1:02:33
cases for the sake of
1:02:36
things which are considered
1:02:40
rape under the
1:02:43
leadership can also conduct
1:02:44
a bypass operation to
1:02:47
implement
1:02:50
the public
1:03:01
Legal possession
1:03:04
you can do
1:03:06
this abuse your mind of the use of the bypass the faculty
1:03:12
has been
1:03:14
can be used for other
1:03:17
cases as well.
1:03:20
bypass can be done, he finds, he can also be done for chainsaws, because under
1:03:29
the law changed souls must be registered with the DNR.
1:03:34
You can also do it illegal fishing.
1:03:38
Under the law, the use of dynamites efficient is absolutely free.
1:03:45
You can use that as the general
1:03:48
population under which bypass
1:03:53
is a true
1:03:54
is an
1:03:57
operation
1:04:01
Operation First of all,
1:04:04
should be differentiated from instigation
1:04:09
right.
1:04:10
This is where a lot of
1:04:13
candidates get confuse
1:04:18
the take of point the differentiate
1:04:19
that is this improvement operations or what is known in other countries such as the
US and UK
1:04:29
as operations this supposedly gets
1:04:34
to cure the perpetrator, we get stung like a bee.
1:04:39
So, in in entertainment operations, the person
1:04:44
to be arrested the subject of the operation
1:04:47
already has
1:04:50
a criminal in 10
1:04:55
minutes later
1:04:57
and translates this into an covered up
1:05:02
by actually committing
1:05:05
the act of selling,
1:05:07
selling illegal or selling illegal object.
1:05:14
He already thanks to omit crime, even before he meets up with a police officer.
1:05:22
And he's just in fact
1:05:27
when he instigation the person does not have any criminal intent at all.
1:05:36
Despite the
1:05:36
constant and persistent
1:05:38
cajoling
1:05:41
by police officers,
1:05:43
that the person to be arrested, begins to entertain
1:05:51
doing what the police officer wants him to do.
1:05:57
By
1:05:58
the lure of money
1:06:00
The year of
1:06:05
privilege
1:06:08
a lot of times
1:06:11
under threat
1:06:17
they,
1:06:19
they we asked you to
1:06:20
go and buy drugs otherwise they will arrest your wife.
1:06:27
That's for sure.
1:06:30
So the difference there is the criminal
1:06:33
intent the person.
1:06:39
Now let me enlighten you
1:06:40
about
1:06:42
police operations.
1:06:46
That info bypass
1:06:53
keep this within yourselves.
1:07:01
So they're saying that
1:07:04
the agent will also be
1:07:07
given compensation by the government.
1:07:10
That is why we have intelligence.
1:07:14
And they are not subject to all the because
1:07:18
a big part of the attention span is supposed to go to the payment of compensation
for agents of the
1:07:26
work ethic to valid agents agreements,
1:07:30
as well as to finance intelligence operations. Now,
1:07:41
if the coma is allowed all
1:07:43
the intelligence, they will find out who will be the agents who are the agents.
1:07:50
That's why it is except that
1:07:53
all that the officers have to do this to justify
1:07:58
their compensation. And
1:08:03
the agent
1:08:05
will have a very limited
1:08:07
knowledge of the entire picture of the operation.
1:08:12
This is
1:08:13
the word compartmentalize
1:08:20
ha
1:08:22
will know only what his role is he he does know what the role of agent
1:08:29
agent B doesn't
1:08:31
know what the role of agent
1:08:34
that's compartmentalization.
1:08:36
But when they do their art simultaneously,
1:08:39
everything will come into play.
1:08:44
That's what
1:08:46
they don't need to know. That's why you learn
1:08:49
need to know basis.
1:08:52
They are being used by city and
1:08:54
offices without knowing the origins of that.
1:09:00
Next,
1:09:04
the one
1:09:06
who knows what's going
1:09:07
on.
1:09:08
The one only
1:09:12
handles
1:09:14
the agents the civilians
1:09:16
is the handler for the feature
1:09:21
the civilian agreement to output the government as an agent will be known as the
actual.
1:09:29
Then you have the hunting
1:09:30
agent is the one who is the government service, police,
1:09:36
usually military or any of the intelligence agencies
1:09:39
as the
1:09:41
handler of the action.
1:09:44
Above the hunter, there is a project officer,
1:09:48
the one who oversees
1:09:50
and there is a project director, usually.
1:09:57
And then there is the case director.
1:10:04
All personnel only in all actions, everything about this intelligence operation to
either gather intelligence or
1:10:16
a
1:10:18
bypass as a mother.
1:10:21
Everything there is covered by a co plan or case operation plan.
1:10:29
The case operation
1:10:29
plan is approved
1:10:31
by the IAS officer.
1:10:33
Usually the GP MP or the
1:10:38
commanding general of the intelligence unit is an ISA operation, the commanding
general officer who is also the chief
1:10:51
of the armed forces
1:10:56
of the armed forces. So, it's transit.
1:11:00
And there is a budget Incorporated. They're
1:11:04
covering everything,
1:11:06
including
1:11:08
the money to the US. And
1:11:10
once that is approved, it is a valid case of
1:11:16
the targets are also there, including the person of the moment.
1:11:23
Go back now, to the cases pending.
1:11:28
I challenged those four records.
1:11:32
If you can
1:11:34
name me at least one case, which your judge convicted, that present that case
operation.
1:11:44
Also on the intelligence side
1:11:50
that doesn't even talk about
1:11:53
the intelligence cycle itself.
1:11:55
When information
1:11:57
is brought in. It is considered wrong And unreliable
1:12:02
then the verification is conducted a validation after
1:12:08
which is given a rating. It could be a one
1:12:13
or a two,
1:12:16
B one B two, depending on the level of trust
1:12:25
those who work in courts here.
1:12:27
Have you ever
1:12:28
been presented with a case operation
1:12:34
where the police claim they undertook an intelligence
1:12:37
operation involving the bypass of their surveillance
1:12:43
and probably testify,
1:12:46
raise your hands.
1:12:49
Raise your hands.
1:12:52
I try
1:12:53
continue
1:12:54
that you ever been presented with that type of evidence
1:12:58
but your judges Victor kills
1:13:04
one of these days when I read that I might read the book that will expose
1:13:11
all the shenanigans
1:13:14
and I will cause
1:13:16
a lot of judges many sleepless nights because of their conscience.
1:13:29
They are confidential, but they can
1:13:32
be declassified
1:13:37
when the operation is already finished,
1:13:41
it can be declassified by the President.
1:13:45
Yes.
1:13:58
Yes. These are classified information but they can be declassified.
1:14:08
If you if you want
1:14:10
to produce evidence of sex matter,
1:14:15
you don't need to bring the actual case.
1:14:20
Your office can issue a police unit or
1:14:25
issue a certification
1:14:27
that this operation
1:14:29
is covered by
1:14:30
piece of furniture plan,
1:14:32
Cyclops, Copeland cyclones.
1:14:44
You can find a
1:14:46
lawyer, you can do that you can the
1:14:51
best way to extract that is during
1:14:53
cross examination
1:14:55
of the police officers or
1:14:59
soldiers
1:15:08
You will have like what I'm about to do to the police officers
1:15:18
they already almost
1:15:19
tweeted that pants when I look
1:15:21
for the backpack
1:15:23
you remember?
1:15:31
Yes.
1:15:32
You will not like what I do the
1:15:34
police officer training cross examination
1:15:44
a practically
1:15:47
nothing.
1:15:49
The government
1:15:52
does not even
1:15:55
even know when the backpack that supposedly will take the drugs. Yes.
1:16:04
A police officer gave me 41 items in his bare hands. bringing that to the grand
jury. That's unbelievable.
1:16:19
The game is testifying against you will prevail in that case three step collecting
right now. That's
1:16:26
what the game is.
1:16:29
Free but you
1:16:31
can ask the game is who provided the box in which the evidence
1:16:37
was delivered.
1:16:42
So how about this
1:16:43
41 items inside the box.
1:16:46
They were hand carried by the police,
1:16:50
one policeman, device or any mishandling of the carry 4141
1:16:56
bucks.
1:17:00
And unless the
1:17:01
police officer
1:17:02
is at the center of the shuttle eight times at the same
1:17:11
time, so that's the problem with bypass operations. They only claim the use of
civilians. Sometimes it is the civilian that buys
1:17:23
allegedly
1:17:26
that gives the pre arranged signal and they arrest the
1:17:33
first of all,
1:17:35
when you say same of an illegal
1:17:38
object,
1:17:39
go back to the Civil Code definition of saying
1:17:44
there must be a thing that
1:17:47
there must
1:17:48
be a price consideration must be meeting demands on the
1:17:53
transfer of ownership.
1:17:58
And that must be the full
1:18:01
required by law.
1:18:05
So, let's leave that there for a while.
1:18:10
Let me just backtrack surveillance.
1:18:15
When there is just the
1:18:17
other end the police officers you
1:18:23
know you you cannot ever say police officers
1:18:29
will they cannot present the
1:18:32
sky is somebody information when you surveil somebody, we should give a summary of
information up there.
1:18:42
So, that it will also contain the action
1:18:48
so that the next agent will know where to pick up.
1:18:53
You cannot just take surveillance
1:18:57
you know three
1:19:00
Through agents,
1:19:02
through agents.
1:19:06
One of the things they will do is
1:19:09
they'll make you
1:19:12
they'll give you five minutes without telling you anything.
1:19:16
When you come out your debrief,
1:19:20
they will ask you to
1:19:21
link all the items.
1:19:29
If I asked the police officer, what did you have for breakfast yesterday you think
they can answer when
1:19:35
it comes
1:19:36
to a test of memory, you cannot even remember
1:19:42
because of the human nature of remembering only the important things
1:19:49
that is reverse
1:19:51
in any intelligence.
1:19:55
They make your service even the even seemingly insignificant Okay.
1:20:04
In another case,
1:20:06
the court further explained that a bypass
1:20:09
operation is a valid, legitimate form of
1:20:11
entrapment of the drug.
1:20:14
In such operation, the OSHA by transects within suspect by purchasing a
1:20:19
quantity of the things is drop, and paying the price agreed upon and please turn,
the drug
1:20:26
pusher third solo record delivers the dangerous drug subject of their agreement in
exchange for the price or other consideration.
1:20:36
Once the transaction is consummated, the drug pusher is arrested and can be held to
account under criminal law. The justified occasion that underlies
1:20:46
the legitimacy of
1:20:50
the bypass operation is that the suspect is arrested.
1:20:55
That is the suspect. Is this committed or is
1:20:57
it the committee or is Attempting to commit the offense
1:21:02
in the presence of the arresting police officer or private person. The public
theorizing
1:21:08
police officer, private person, his favor, in such instance with the presumption of
regularity in the performance of official,
1:21:19
the public versus Daya decided October 13 2014. Now,
1:21:24
don't be intimidated
1:21:27
by the presumption of regularity, the performance of duty because as I told you,
when we talk about evidence, that is just a disputable presumption, and if you
1:21:37
can present
1:21:38
clear and convincing evidence
1:21:43
that God was not regularly perform that presumption
1:21:49
of duty, we crash
1:21:53
it will persist. Alright,
1:22:02
In people versus a Daniel
1:22:06
Cena July 7 2014.
1:22:11
The Supreme Court through
1:22:12
However, when the accused was arrested while nearly talking to the police
department, talking to a police department and there was no over indicative of a
fellow
1:22:24
news enterprise that could be properly executed to the set accused arouse suspicion
in the mind of the arresting officer that the accused it just could be that it was
actually committing or was attempting
1:22:35
to commit a crime. The warrantless arrest
1:22:39
was not valid,
1:22:41
as testified to where the arresting officer himself in the same case, the accused
and the informant were just talking to each other. And there was no thank you so
much.
1:22:54
And there was no exchange of money and drugs when he
1:22:57
approached the car.
1:23:01
He also needed a cross examination that he had no personal knowledge
1:23:04
of whether there was a
1:23:05
prohibited drug and gun inside the vehicle of the accused where
1:23:12
these are
1:23:14
things that are not on
1:23:19
psycho people.
1:23:24
You can take
1:23:35
their
1:23:51
dealing with all kinds of
1:23:54
instances
1:23:57
one day a
1:24:09
younger person needs to be more tolerant
1:24:15
and requirements it also
1:24:24
helps that one point in my life I took care
1:24:29
of my 19 year old grandfather. So,
1:24:35
that goes to show you to what extent I can go
1:24:41
to understand okay.
1:24:51
The following instances in one case have served before do not think about the
1:24:55
taste of arrest me in
1:24:59
other words invalid.
1:25:02
One, the police officers claim that they were alerted
1:25:04
when they saw two unidentified men suddenly rush out of the house
1:25:11
right out of the house and the audit the chimney.
1:25:14
Since they suspected that a crime has been committed the natural
1:25:18
thing for them to do was to keep chase to the Jeep do three men boarded given that
the officers were in patrol
1:25:25
car and a tricycle.
1:25:28
Although running up here between suspects was the
1:25:30
more urgent task. The officers instead gave priority to the house even when they
hurt no cry for help
1:25:37
from it. So the court
1:25:43
second immediately the police officers did not notice anything amiss going on
1:25:48
in the house from the street where they
1:25:49
stood. This is observation in the
1:25:53
place where you have the right view
1:25:58
even as they Through its partially open door so no activity that wanted they're
entering it clearly no
1:26:06
crime was playing exposed to the view of the arresting officers that
1:26:09
authorize the arrest of
1:26:11
the accused without
1:26:17
you all perhaps see the Facebook
1:26:19
post
1:26:21
of the balloon
1:26:24
was Where's where second fire
1:26:26
by several liquid us
1:26:30
and the blue Pender suffered the second movie burns.
1:26:35
Mayor scope reignover Manila
1:26:37
order the madman said they are so these youngsters and
1:26:44
several days later they were arrested presented in the media
1:26:48
course they were reminders. So they were allowed to go over there.
1:26:53
Is that a valid warrantless arrest?
1:27:02
Police officers and
1:27:05
the city government are in trouble
1:27:07
if the defense counsel of these youngsters race that has an issue with
1:27:18
the enemy.
1:27:25
I don't know what's the purpose for reading
1:27:32
TV
1:27:33
as well as building them in the internet.
1:27:38
But if you look
1:27:38
closely, the arrest was nothing
1:27:44
like that was it in a person?
1:27:48
They should have fine. They should have identified those youngsters file the
appropriate case at the prosecutor's office
1:27:58
and the
1:28:00
waited for a word.
1:28:05
In that instance the arrest. Yes, sir.
1:28:12
is made in
1:28:15
shown on television
1:28:17
without police officers really allowed the big
1:28:20
slap.
1:28:25
No, it's a calculated risk. What they do is they guard the suspects nonchalantly
1:28:35
allowing the family of the victim.
1:28:38
Come in here, come here and
1:28:42
do some physical damage.
1:28:47
That's what traumatic
1:28:51
you're not allowed to do that.
1:28:52
Or a 7340 years. That's torture.
1:29:04
They can there can be a separate, separate. Yes. First by the fuse.
1:29:12
You're not supposed to harm the police
1:29:19
during the time of
1:29:20
general this is
1:29:24
he predicted the
1:29:27
suspects on TV
1:29:29
saying, you know, he was a no nonsense officer. That's what he had a very short
stint.
1:29:39
He predicted
1:29:42
saying it is a violation.
1:29:47
Yes.
1:29:49
One time I heard of TV, he slapped a big
1:29:54
cast a big face. So I get there was a sound bite
1:30:00
We get about
1:30:07
you know what makes
1:30:09
it quick done to
1:30:12
a free man that was just about to probably slap everybody
1:30:19
or slight physical
1:30:20
injuries, there was some damage. But when you
1:30:24
do that a person under customer
1:30:34
can be
1:30:37
within the purview of culture.
1:30:44
They know
1:30:46
that under the torture Apple 2009
1:30:50
torture does not need to be physical, it
1:30:53
can be psychological can be
1:31:02
So if
1:31:05
you really want those
1:31:14
about the style of Mr. The 30 naming the normal politicians
1:31:20
do fine.
1:31:23
in public,
1:31:24
I don't find anything wrong. They're not being jerks.
1:31:31
And those people deserve
1:31:36
to end up in everybody's lives.
1:31:40
Don't do anything illegal.
1:31:47
Don't do anything illegal.
1:31:52
Because if you begin to dabble in
1:31:55
crime and corruption
1:31:58
that's what everybody talks to him.
1:32:02
Let me tell you an instance.
1:32:04
I survived
1:32:06
several threats to my life, the most serious of which was at the end of 2007 to
2009 2001 2004.
1:32:14
After 2010
1:32:27
I was I served as the
1:32:31
legal counsel and
1:32:32
consultant for the city government.
1:32:38
And I was appointed not by the mayor but by the sun
1:32:43
by we see the resolution
1:32:46
after I agree, and I posted
1:32:50
my salary
1:32:57
during that time
1:33:00
There was also a group because malolos and the level of criminal activities you
1:33:07
look back in your news archives. There were instances when are napping syndicates
exchanged
1:33:17
gunfire two police officers
1:33:20
and they were
1:33:28
rated
1:33:36
so the mayor
1:33:38
for established a malolos.
1:33:44
Merely I became part of that
1:33:48
and we were able to
1:33:51
solve cases
1:33:54
and send the pictures
1:34:01
There was one particular
1:34:03
very
1:34:06
harmful.
1:34:08
They were allowing me a certain faction of the old armed
1:34:15
rebels of the former communist party, the
1:34:21
Communist
1:34:22
Party and now is the new communist.
1:34:26
This new one is supposedly
1:34:29
inspired by the trial
1:34:31
experience. The old one is experienced by Russia.
1:34:37
So they
1:34:40
align themselves with that, but actually they were
1:34:45
good for.
1:34:48
It came to the point where this group would set assassination jobs
1:34:53
for 5000.
1:34:57
So we had to do something
1:35:05
What we need then was
1:35:07
we strengthen the
1:35:10
current guy intelligence network. We expanded
1:35:16
into peppers in
1:35:19
the most unlikely people.
1:35:22
And we make them our eyes
1:35:26
and then repeat that the police forces the mayor of what an armored vehicle,
actually put the police and we go back and we were able to the most atrocious D the
D the comedic was killing the chief parent of one. One parent died
1:35:48
over a feature
1:35:52
that's a little deeper. They the kill the chief of Donald's his wife and A daughter
was.
1:36:03
So we launched an intensive operation. And we were able to capture
1:36:11
most of them. Some of them were killed by the police, but
1:36:15
most of the leaders, including the best trigger men,
1:36:19
and we sent charged
1:36:23
with serious physical injury.
1:36:29
And I was asked
1:36:30
by the mayor to prosecute that case. So
1:36:34
I was involved in there.
1:36:38
Capture and
1:36:40
also prosecute
1:36:44
now their leader,
1:36:46
the son of the self proclaimed leader of the Communist Party of the old in
1:36:56
because he's
1:36:58
best men were segregated.
1:37:03
Gun running and assassination.
1:37:08
In 2007, I ran for Congress.
1:37:14
During that time when I was campaigning,
1:37:19
a financial year of the mayoral candidate in the next hour, was killed along with
his wife and they talk about 10 meter vessels because that person owns a fish that
was supposed
1:37:37
to use that white fish. This couch.
1:37:42
And all of a sudden,
1:37:44
this son of the Supreme Leader of the
1:37:48
Communist Communist Party in that area,
1:37:51
tonight with the police, they
1:37:54
talk in English demoness father talk with the family of the deceased
1:38:00
They told them that
1:38:03
myself and the director of the malolos
1:38:10
were the masterminds behind the killing of that person
1:38:15
in the US for two, three minutes
1:38:21
to give them our heads
1:38:23
and this person for night with the
1:38:28
officer in the
1:38:37
movie brought in henchmen.
1:38:40
Police officers, when you have to kick people, and
1:38:46
they will
1:38:48
pass checkpoints as police officers after the checkpoint, the two components and
murder
1:38:57
but you know
1:38:59
it Nothing wrong.
1:39:03
And eventually
1:39:06
because of the officers that I have worked with
1:39:12
and the feedbacks that they got,
1:39:17
they own with
1:39:18
the police unit from which this
1:39:21
Superintendent was working
1:39:24
and vouch for me
1:39:28
the
1:39:30
the provincial director even authorize and intelligence operation to verify me.
1:39:38
And they found nothing. None of the allegations that I had MySpace in believable I
1:39:48
none of it turned out to be true. Everything was turned, turned up.
1:39:54
And so I was pleased.
1:39:57
I was the least
1:40:00
From the Order of Battle
1:40:04
during the time I had to protect myself
1:40:09
so they had
1:40:10
police use the army.
1:40:17
The army will always protect
1:40:20
the army.
1:40:23
The army provided me with men
1:40:30
and my civilian clients
1:40:33
provided me with a lump sum.
1:40:37
It's a good thing that
1:40:40
they did not stage.
1:40:44
Otherwise that would have turntables.
1:40:50
And a rich client who I got off, very serious charge. He purchase
1:40:59
an armored Chevrolet Suburban
1:41:03
that he gave me
1:41:08
and it was not local.
1:41:12
The armory was from
1:41:16
the same group that I bought is the vehicles
1:41:25
and equipment stand even grenade launchers
1:41:35
to
1:41:38
person that was licensed
1:41:40
whose salaries were paid by another client. And then I had one people
1:41:47
who would authorize the web plainclothes
1:41:49
temporary transferred to an intelligence unit so they can go undercover.
1:41:58
It's a good thing.
1:42:01
Eventually,
1:42:03
nothing was nothing was verified. I was removed from the list
1:42:07
and the officer was discredited.
1:42:12
It was really you know what happened to the son of the leader in that area. He was
gunned down. Well,
1:42:47
you're a lawyer you should learn how to keep secrets.
1:42:50
But yes. Anyway, not
1:42:57
getting ready you will become lawyers. Be careful.
1:43:01
about trading your way,
1:43:04
don't even dabble into anything.
1:43:10
After all, we chose this profession
1:43:14
that we thought it was a teaching of ethics
1:43:19
of becoming a lawyer.
1:43:22
The objective of becoming a lawyer is simply
1:43:26
this.
1:43:29
We should be effective sentinels
1:43:31
of justice.
1:43:34
money will come after you have established your reputation.
1:43:40
And you
1:43:41
don't need to expect so much. Otherwise, you might get ensnared by
1:43:49
a love for all things where
1:43:53
it will begin to compromise
1:43:54
your principles. You will begin to act as money conduits between your client
1:43:59
and just says in judges, prosecutors, sell your soul
1:44:06
because you might fall into the trap of loving shiny things. So you have no plans
to join the judiciary. I never
1:44:15
been a Supreme Court justice. I never dreamed All I ever wanted to be a lawyer.
1:44:23
I'd rather stay here and be some sort of, you know, quarterback because I'm also
encouraging young lawyers
1:44:33
to
1:44:34
choose their way.
1:44:42
These lawyers
1:44:44
look at the law
1:44:47
it's the law is what equalizes
1:44:50
that's why we have procedure.
1:44:52
Everybody is supposed to go through this person. You know what they say that
justice is for the rich because they can afford lawyers who can remember these
rules.
1:45:04
If you want to serve the board and level everything, you study
1:45:07
hard, study valuable remember these rules
1:45:11
so that you can take the other side.
1:45:15
The other side is rich, they can afford the big name lawyers stay on the other
side, keep a low profile and spring here surprise, they're important.
1:45:28
That thing gives you so much for
1:45:34
me to move on.
1:45:37
Let's let me just
1:45:39
go ahead. I want to
1:45:45
tell you about the case of
1:45:49
the company. I mean these
1:45:55
Okay, let me just tell you about the case. I mean, this is a 19
1:46:02
A civilian agent.
1:46:05
Remember this because this is still good law,
1:46:08
although it's 1988 no cases overturn the decision in this case.
1:46:15
A concern
1:46:17
Syria and asset if you went to the police
1:46:23
officers in Manila
1:46:26
they gave the information that
1:46:30
a certain person on board a ship
1:46:36
arriving on this day and on this time will be this important
1:46:41
day in the port of Manila
1:46:44
with the
1:46:47
with the
1:46:54
base of
1:46:57
marijuana is back
1:47:00
Allah is not really
1:47:07
said that.
1:47:10
Back in breaks.
1:47:12
They said that this man will disembark from the ship
1:47:18
having bricks of marijuana in his back.
1:47:24
The police waited for the day you know, a ship
1:47:29
travels slow
1:47:34
and this ship came from the middle of winter.
1:47:38
It took about two days.
1:47:39
And so when the ship arrives and
1:47:45
they waited for the passengers
1:47:49
and when I mean he
1:47:52
was walking down the gangplank
1:47:55
the assets
1:47:56
knew what we look like
1:47:58
by going out
1:48:00
You know when when when you talk about people from the
1:48:03
south, especially the people who are indigenous to that area
1:48:12
and they also grow their hair long and their beards long.
1:48:16
They almost look like that they were already lady pochi or Buddha
1:48:25
or Islamic guard.
1:48:27
And they were being pointed in LA and the police posted this person
1:48:32
and they searched his path and found the bricks of
1:48:36
the top this person possibly
1:48:39
be charged him with the violation of Republic 6425 that was the law on illegal
drugs then this was faced by
1:48:53
1964 25
1:48:59
the Supreme Court said
1:49:02
that is not a valid model.
1:49:05
And neither is it a an exception to the unreasonable searches and seizures rule.
1:49:15
Number one,
1:49:18
the police did not have personnel information about this appeals. Number two, they
did not know what is inside the past, but only rely on the information given by the
elected informants. Number three.
1:49:38
At the time,
1:49:39
that the abuse was tough,
1:49:42
after disappointing from the ship, the police did not observe him to be in the have
happy committed
1:49:53
is actually competing on this attempting to commit a
1:49:57
crime. It was one moment The bus is
1:50:01
building a very natural thing that was important
1:50:04
with the ship, it was walking down the ship with his family.
1:50:09
And he was positive. And they search this back
1:50:15
without search for
1:50:19
the Supreme Court said,
1:50:21
that is your major
1:50:22
problem and paraphrasing this report, because it shows that
1:50:28
from the chronology of events, the informers told you this information two days
before
1:50:36
the arrival of the ship,
1:50:38
and you had enough time to secure a search warrant from the board.
1:50:43
You should not have ignored
1:50:46
the requirement of because
1:50:50
what happened was you rely
1:50:53
on the CSO of your officer
1:50:56
that
1:50:57
this is not
1:50:58
me starts with a Sexuality was necessary
1:51:05
disregarded the requirement.
1:51:08
And furthermore, in
1:51:11
the mother of the MS. The guard was put before the horse
1:51:17
because they searched despite first before arresting.
1:51:21
And that's
1:51:22
the reverse of what the law says.
1:51:26
Because if you look at
1:51:28
rule 126 is search of the immediate
1:51:32
vicinity of a person arrested
1:51:34
rise, only to look for
1:51:39
objects that may have been used in the condition
1:51:41
or that can be used to harm the police
1:51:46
or the esteem officers.
1:51:50
really discuss that intensity when we get to move on to six.
1:51:54
But for this case, the Supreme Court said you you look
1:51:59
for incriminating evidence before.
1:52:06
And so the Supreme Court declared the evidence in the civil, therefore
1:52:12
appointed the accused. That's
1:52:15
the case of a meeting. That's all I remember that case because next time
1:52:19
I'm going to discuss with you a case, which I think that actually, I mean
1:52:26
that's the case of people. Right.
1:52:30
So can I have your attendance we
1:52:34
were talking for
1:52:36
being so late.
Transcribed by https://otter.ai