RIGHTS AND DUTIES
Man is born with rights and duties and having rights is an attribute of a person. That is
why we have
Commission on Human Rights that is addresses violations of such rights. We insist on
our rights but ignore our duties. Duties however are more fundamental than rights. The
duty to do good and to avoid evil is all above all rights.
KINDS OF RIGHT
1. Natural rights -based on natural law, that is on human nature.
2. Human rights- based on human positive laws, either those enacted by the State or a
religious sect.
Civil rights- dependent upon the laws of the state
Ecclesiastical or religious rights- dependent upon the laws of a church or religious
sector
3. Alienable and Inalienable Rights
Alienable rights – civil or religious rights, which can be surrendered, renounced, or
removed, such as the right to decent livelihood.
[Link] of Jurisdiction –power of lawful authority to govern his subjects and to make laws for
them.
[Link] of property – power to own, to sell, to barter, to lend, to change, or give away one’s
personal possessions.
[Link] right – all rights in so far are based on laws. These rights must be respected,
allowed, fulfilled, as a matter of strict justice.
[Link]-Juridical rights – founded on laws, either natural or human, but on virtue. Thus, these
are also called moral rights.
Ethical Issues during an Investigation
Law enforcement officers who are in investigative roles are often confronted with ethical
issues during the investigative process. Officers who have a heavy caseload are
expected to determine which case to investigate at the expense of other cases. Officers
often rely on the solvability of the case, and concentrate on that case, which means that
cases that may be slightly more difficult to solve are never solved. This is a
consequentialist perspective, in which the end result is seen as the most important
aspect of the investigation.
Lies, Deception, and Tricks
Tricks that officers are able to use include posing as gangsters or drug dealers in
undercover operations in order to obtain covert confessions. Other tricks that officers
may use are lies in interviews to bond with subjects. Lying in law enforcement is allowed
in certain circumstances but is strictly forbidden in other circumstances.
These include, but are not limited to:
Creating evidence or planting evidence
Lying in court (testifying)
Lying in reports, notebooks, or other administrative or investigative reports
Lying in any administrative or civil proceedings
Lying to fellow officers or supervisors
The scope for lying is very narrow and it should be used sparingly for serious
investigations by officers who know the boundaries and what would be accepted in court.
However, the ethics around lying lead some officers to discount it as a tactic. Some of
the reasons they cite for the unacceptability of lying include:
Lies destroy confidence in the police. Both the suspect and the community at large
will not believe even truthful information brought forward in the future by an officer
who uses lying.
WHAT IS ARREST?
> Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of the offense.
Police procedure for arresting someone Philippines
The process of arresting someone in the Philippines is governed by strict
legal protocols to ensure the rights of the individual are protected while
maintaining public safety and order.
This comprehensive guide outlines the step-by-step procedure followed by
the Philippine National Police (PNP) during an arrest, covering the legal
basis, necessary documentation, and rights of the accused.
Legal Framework
The authority of the police to arrest individuals in the Philippines is derived
from the Revised Penal Code and the Rules of Court, particularly Rule 113 on
the rules of arrest.
Arrests can be made with or without a warrant, depending on the situation.
Arrests with a Warrant
A judge issues an arrest warrant after finding probable cause based on the
evidence presented. The process involves:
1. Filing of a Complaint: Initiated by a complainant or the police, detailing the
alleged crime.
2. Preliminary Investigation: Conducted by a prosecutor to determine if
there’s sufficient evidence to proceed.
3. Issuance of Warrant: If probable cause is found, the judge issues an arrest
warrant.
Warrantless Arrests
Warrantless arrests are permitted under specific conditions, such as:
The person is caught in the act of committing a crime.
The person is pursued immediately after committing a crime.
The person is an escaped prisoner.
Identification and Announcement
Police officers must identify themselves and explain the reason for the arrest
to the individual being detained. If operating with a warrant, they must present
it upon request.
Reading of Rights
The individual is informed of their rights under the “Miranda Rights,” including:
The right to remain silent
The right to have competent and independent legal counsel, preferably of
their own choice
The right to be provided with legal counsel if unable to afford one
Use of Force
The use of force during an arrest is strictly regulated, allowing only
reasonable force necessary to restrain the individual.
Documentation
A police report is created, documenting the arrest details, including the
time, place, reason, and manner of the arrest, along with the inventory of
any seized items.
Post-Arrest Procedure
After the arrest, the individual is brought to the police station for booking, which
involves:
Taking fingerprints and photographs
Documenting personal details
Inventorying personal possessions
Detention
Depending on the crime’s severity and the available evidence, the individual may
be detained or released pending further investigation. Detainees have the right
to:
Communicate with their lawyer, a relative, or anyone they choose
Be informed of the nature and cause of the accusation against them
Undergo a judicial examination if detained for a prolonged period without
charges
ARREST
What is the etymology of the
word arrest?
ARREST
What is the etymology of the
word arrest?
ARREST
What is the etymology of the
word arrest?
ARREST
What is the etymology of the
word arrest?
ARREST
What is the etymology of the
word arrest?
