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Foreigner to be charged for violating quarantine rules and assaulting police


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Davaoeno
1 hour ago, to_dave007 said:

He stepped off his (private) property onto the (public street) without his mask on.  So did his employee but not in the video. If you haven't been following, though this may NOT be a major CRIMINAL case, it DOES expose him to deportation and blacklist...  Since he has a house and a business in PI.. that's pretty damn serious wouldn't you say..  even though it's not necessarily CR IMINAL in the usual sense.. 

We don't make the rules here.  We just live with them.

Surely you arent suggesting that people with houses and businesses should be treated differently than those with less money?

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It seems some foreigners  think that only the laws that they agree with should be enforced.  But they get all bent out of shape because they see many pinoy not obeying the law. This guy was offen

This expat seems like the type of arrogant garbage the Phils and decent expats don't need. Send him packin'!

So, heard from the grapevine... This all started with neighbors reporting that the maid was watering plants outside their house without a face mask. For some reason, it was reported to the cops. 

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Davaoeno
1 hour ago, Soupeod said:

Private sub-division ( not public )

police are let in by security, why?

he could have been concerned about extortion which happens in Manila 

his attitude lost him his chance... 

Are you suggesting that when the laws of the country are broken on the streets of a subdivision that it is outside the jurisdiction of the authorities?   

1 hour ago, Cgu said:

This is a private village and the street are not public. The village is owned by the villagers and access is only granted to owners (or the owner rents it and grants this priivilege to the lesee, as with any other rented house).

So no this is not a public place like a public street, a mall or a restaurant. This is also what is contested. The police needs a warrant to enter. Police cannot just enter such private subdivisions. It was also raisef that the HOA should take that up, as it is the HOA which establish the rules on this private ground. This will surley lead to discussion, also in court. The judge itself will be affected, as I am sure he/she lives in a private village. 

Please post some citations backing up what you say the law is please

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lamoe
24 minutes ago, Cgu said:

It has to private owned, Titles? Road maintenace etc. is always payed by owners. The government will surely not pay for it, hardly does for public road.

It cannot supersede laws, but police needs normally an arrest warrant to enter these grounds. This I think will be debated. 

The guy just overreacted, if he would have just stayed calm, the whole fault wouls be on the police.

You're right a warrant is normally needed  to make an arrest or search private property.  It appears not wearing a mask is a criminal act punishable by arrest and the barangay captain requested police to help security enforce the law that was being broken..

Assumption only, reported to HOA, no action, or?

They  circumvented HOA and informed captain directly that people like his guy were ignoring the mask law?

No idea if they were looking to just back up security to enforce law or looking to fine violators P1,000 - (like my 1st traffic violation - paid the "fine" right there)

Again you're right, he escalated it.

"The guy just overreacted, if he would have just stayed calm, the whole fault wouls be on the police."

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Cgu
19 minutes ago, Davaoeno said:

Are you suggesting that when the laws of the country are broken on the streets of a subdivision that it is outside the jurisdiction of the authorities?   I dont believe that is true anywhere in the world.

Please post some citations backing up what you say the law is please

That is exactly what at the moment is debated. Also, I had this question once with my president of owner association in Manila and Cebu and they told me that these are private grounds and police need good reason (warrant) to enter these ground.

Anyway, I attached the current discussions going on and we will know in the next few days.

But my question to you: where do you back up that police can enter without warrant, not being a crminal case, private grounds (i,e. subdivision). 

https://www.rappler.com/nation/259129-man-private-village-assaulted-nearly-arrested-without-warrant-makati-police

https://www.philstar.com/headlines/2020/04/27/2010173/what-hot-pursuit-and-can-police-use-it-enter-your-property

 

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Province-life
2 hours ago, to_dave007 said:

He stepped off his (private) property onto the (public street) without his mask on.  So did his employee but not in the video. If you haven't been following, though this may NOT be a major CRIMINAL case, it DOES expose him to deportation and blacklist...  Since he has a house and a business in PI.. that's pretty damn serious wouldn't you say..  even though it's not necessarily CR IMINAL in the usual sense.. 

We don't make the rules here.  We just live with them.

Yeah I was including the stepping off of his private property in the 'he shouldn't of reacted like that' part.
Is there evidence the maid was outside of the property? The only photo I saw showed her well inside the property and the policeman actually trespassing on his property.
And yes I'd say it's serious, as I said 3 times now 'he shouldn't of reacted like that'.

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lamoe
1 hour ago, Cgu said:

That is exactly what at the moment is debated. Also, I had this question once with my president of owner association in Manila and Cebu and they told me that these are private grounds and police need good reason (warrant) to enter these ground.

Anyway, I attached the current discussions going on and we will know in the next few days.

But my question to you: where do you back up that police can enter without warrant, not being a crminal case, private grounds (i,e. subdivision). 

https://www.rappler.com/nation/259129-man-private-village-assaulted-nearly-arrested-without-warrant-makati-police

https://www.philstar.com/headlines/2020/04/27/2010173/what-hot-pursuit-and-can-police-use-it-enter-your-property

 

2nd vid says not wearing a mask here is an arrestable  criminal act,  not an act of civil disobedience.

Opening a can of worms as to the question of sub-division "private" property jointly owned vs personnel private property (home, yard, driveway.) vs easement  vs in public.

Is it a criminal act to not wear a mask on private street but OK to not wear one in house?

Wanna bet another poorly written law?

 

 

 

 

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Cgu
2 minutes ago, lamoe said:

2nd vid says not wearing a mask here is an arrestable  criminal act,  not an act of civil disobedience.

What you mean with that or which link are referring to?

The news only says that the police will file a complaint against the guy.

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lamoe
7 minutes ago, Cgu said:

What you mean with that or which link are referring to?

The news only says that the police will file a complaint against the guy.

Part of this link - right after story

https://www.rappler.com/nation/259129-man-private-village-assaulted-nearly-arrested-without-warrant-makati-police

 

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image.png.f012d9f3d4ec8beb13ad02e31edfa9bd.png

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to_dave007
5 hours ago, Davaoeno said:

Surely you arent suggesting that people with houses and businesses should be treated differently than those with less money?

Not at all.. I am suggesting that he had a lot to lose by flaunting the rules and causing the disturbance.

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lamoe

In court this may come down to what is - in private vs in public - not on private vs public property.

If law says "wear mask in public" - does it apply when outside the confines of your house even if in yard on driveway?

What if your yard is fenced? Whole lot?  :idontknow:

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newtocebu

What a cabbage

Obviously cant handle his drink

Gotta laugh at this guy and the many older vloggers out there these days that call Filipino’s younger them, “kuya”

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smokey

Well seems to be getting sideways these days maybe there is a reason to build 6 meter walls around your house .  personally i think more testing would be a better way to fight the virus

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lamoe
8 minutes ago, smokey said:

Well seems to be getting sideways these days maybe there is a reason to build 6 meter walls around your house .  personally i think more testing would be a better way to fight the virus

Need both.  Prevention cheaper than cure.

Testing determines if sick and should be done as much as feasible (test in local hot spots as much as possible) while  social distancing / masks / sanitation can help prevent others  from even getting sick.

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Davaoeno

a. Right of officer to break into building or enclosure. An officer in order to make an arrest either by virtue of a warrant, or without a warrant, may break into building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose.

http://www.pnp.gov.ph/images/Manuals_and_Guides/Know-Your-Rights.pdf

 

I beieve that some people are mistaken about where the offenders property ends . .  I have not seen any recent subdivisions where the owners lot extended to the road- there are usually a few meters of setback  .   Often I turn around in peoples driveways but legally the last 5 or 6 meters of the driveway is not actually on their property

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