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Foreigner to be charged for violating quarantine rules and assaulting police


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to_dave007
39 minutes ago, Davaoeno said:

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

From original post it sounded to me like the police were invited to the property by barangay officials who derive their authority from somewhere (some federal law), and the policeman was accompanied by security guards (working for the subdivision I assume).  I saw no suggestion that the HOA or the guards protested the policeman's presence.  There is no suggestion that the policeman wasn't welcome by the guards.  No need to break in.  And no need to get the Spaniards permission once invited in by persons of higher authority.

They were there specifically to enforce what amount to a public health order, and I think f you gathered together officials from several levels of government, they would treat the streets in subdivision as "public" for purposes of ECQ, regardless how they may be treated for other purposes.  Wouldn't surprise me if majority of home owners in the subdivision and the HOA would be of same opinion.  Wouldn't surprise me if one of these REQUESTED the police visit after watching the drunkard foreigner flaunt the rules for too long... rules that MANY people here AGREE with.

At any rate.. if the Spaniard wishes, he can take it to the Supreme Court to ensure he gets his full measure of Justice..  But he may well be fighting it from outside the Philippines.  And I doubt he'll get a sympathetic hearing.

Edited by to_dave007
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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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smokey

Well i thought they were there to fine him 1000 peso because his helper was outside watering the plants.   I did not read the part about them being there to look for drunk Spaniards..  Is the fine the type you pay direct or do you go to some office and form a line with the rest of the criminal types .. Also why does he have to pay is there another law that says if a helper breaks the law the employer must pay?

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lamoe
10 hours ago, smokey said:

Well i thought they were there to fine him 1000 peso because his helper was outside watering the plants.   I did not read the part about them being there to look for drunk Spaniards..  Is the fine the type you pay direct or do you go to some office and form a line with the rest of the criminal types .. Also why does he have to pay is there another law that says if a helper breaks the law the employer must pay?

From different articles, some assumptions and grain of salt as to the truth.

Helper outside watering plants - no mask - approached by PNP and informed of possible P1,000 fine - she calls home owner -  he gets pissed, says she is being extorted - escalates from there.

Assumption -  she heard P1,000 - panics - calls owner says "they want P1,000 from me"

 ""Makati has an ordinace requiring face masks in public places. This resident was on the street and sidewalk which belongs to DVA (Dasmariñas Village Association) common area, therefore a public place," she said in a statement.

Simon stood by the actions of Madrona, denying accusations the police officer was extorting the househelp for ₱1,000."

Some possible charges listed in article

 

Quote

https://www.philstar.com/headlines/2020/04/27/2010146/alleged-quarantine-violation-leads-altercation-gated-makati-village

Alleged quarantine violation leads to altercation at gated Makati village

Franco Luna (Philstar.com) - April 27, 2020 - 12:37pm

MANILA, Philippines (Update 2, 9:23 p.m.) — The attempted warrantless arrest of a man over an alleged quarantine violation in a gated subdivision in Makati City has again put the Philippine National Police in the spotlight as a video of the incident spread on social media on Monday.

A separate video released by police also showed the man cursing at a police officer, who was, at the time, calmly asking the man to settle the matter at the barangay hall. 

According to Dasmariñas Village resident Javier Parra, a member of his staff reported at 6 p.m. on Sunday that Makati police drove up to his house and intended to fine him P1,000 as his helper, Cherelyn, was not wearing a face mask, which is required when outside the home.

In a video shared to Philstar.com, Parra's wife is shown pleading with a man in police field service uniform as he attempts to take Parra to the ground. The police officer manages to take Parra down with an arm drag but did not cuff him.

"He has a back injury, it's life threatening. You cannot arrest somebody in our house, you have to have a warrant," she says. 

"I will arrest you too," he is heard saying in response in the video.  

The Inter-Agency Task Force on Emerging Infectious Diseases has said that all residents and workers in Luzon are required to wear face masks when they are outside their residencs.

"I also suffer of a spinal injury which causes me immense pain in my lower back and legs. Having been thrown on the floor and brutalized and attempted to be illegally arrested, has caused me immense physical pain," Parra said in a statement sent to Philstar.com.

"Does Makati police not have better things to do, like stop real criminals? If there was no camera running, would he perhaps have shot me, like the police man did with the mentally challenged man few days ago?" he says, referring to the shooting of retired Cpl. Winston Ragos, a former soldier who was shot dead by a Quezon City police officer last week in an encounter prompted by an alleged quarantine violation.

"My concern is mainly that this police officer and Makati police does this also to the poor, who are not as defensive as me. Filipinos are all in a dire situation with the lockdown, the last thing they need is Makati policemen going havoc on Makati citizens," he added. 

Parra also recounted seeing a total of seven police cars outside his home after the incident. 

Barangay: Just a reprimand, no fine

But Barangay Dasmariñas, in a statement issued to residents, said that Parra and his household started the altercation. 

"This policeman is a very polite cop. Contrary to what they said, he was not fining anyone for that matter for not wearing mask. He was just reprimanding him. The police held his cool for the longest time," the statement read. 

In a video released by the police, Parra is shown cursing at the policeman and telling him to leave. The same video caught the homeowner going onto the street as if to confront law enforcement personnel at the scene.

"Because of what he did, the police finally said he will arrest him, but he resisted arrest and when the wife said he had spine surgery, the police stopped handcuffing him."

"I wanted it to be blottered only and not embarrass this guy and his family but they started it," the barangay statement read. A blotter report is a log of an incident and is not the same as a formal complaint.

Police to file charges

In a statement sent to Philstar.com later Monday by Police Brig. Gen. Bernard Banac, PNP spokesperson, the PNP said that Makati police will file a complaint against Parra. 

According to Banac, a Barangay Dasmariñas watchman and Makati police were patroling the village when they cited Parra's househelp for not wearing a face mask, at which point Parra confronted and cursed at the police and the tanod. 

"They accosted a househelper outside the house of Mr. Parra without face mask. The househelper was asked for an ID for issuance of violation citation ticket," Banac's statement read. 

Police then attempted to restrain a visibly indigant Parra, who resisted arrest. 

"It is in the best interest of public health, order and safety that the PNP is enforcing ECQ rules and local ordinances to contain the spread of COVID-19," Banac said. 

"Let me emphasize that Police operations to enforce the law are strictly guided by the Revised Police Operational Procedures that every police officer making arrests or police intervention should strictly observe."

Asked what charges would be filed against Parra, Banac said that NCRPO had not yet updated the PNP.

The Department of Interior and Local Government previously assured the public that all police officers would be "courteous and firm and will follow all laws and regulations."

NCRPO: Officer displayed maximum tolerance

For his part, Police Maj. Gen. Debold Sinas, NCRPO chief,  in a statement on Monday evening backed the PNP's earlier pronouncements, saying the police officer involved "displayed maximum tolerance in handling the incident despite the arrogance" of Parra. 

"The statement of the witnesses together with the video will now be used in the filing of the following cases against Mr. Parra, to wit: Disobedience, Assault of Person of Authority in Violation of City Ordinance of not Wearing Mask," his statement reads. 

It is unclear if he is being charged with Article 151 of the Revised Penal Code, which prohibits resistance and disobedience to a person in authority or the agents of such person, or if he is charged with violation of quarantine under the Bayanihan Heal as One Act for non-cooperation of persons and entities.

Section 9(d) of Republic Act No. 11332 reads: "Violation may be penalized with a fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or imprisonment of not less than one (1) month but not more than six (6) months, or both such fine and imprisonment, at the discretion of the proper court."

"In line with the Extended Enhanced Community Quarantine, we have invigorated our efforts in its implementation and this does not exclude gated communities," he adds. 

"Team NCRPO will continuously enforce the law without fear or favor irrespective of the social status of persons violating the law."

Police Gen. Archie Gamboa, PNP chief, has stated that under the national police's "tighter" enforcement of quarantine procedures from here on out, cops will no longer warn citizens before arresting them. 

"In the name of President Rodrigo Roa Duterte, and with the help of the staff of the Philippine National Police and the soldiers of the Armed Forces of the Philippines, we will enforce starting now a strict enhanced community quarantine," Gamboa said in a public address on April 21. 

"There will be no more warning for violators," he added.

Banac later said that this had nothing to do with President Duterte's warning of "martial law-like" implementation. 

 

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Cgu
4 hours ago, Davaoeno said:

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

Only under observance of paragraph 1.1, you should include this as well, as it was down in the article cited by the judge. The police cannot just break into privare grounds. The person to be arrested has to have commited a crime or commits a crime in presence of the police. This is clearly not the case here, if we assume that a village is a private ground (and police was not called by someone, and even then they cannot break in as they have to verify the claim that the person has committed a crime).

It seems they came to warn someone not to arrest (as then they would need to know a crime has committed, which at that time was not ). As I said before, if the guy stayed calm, it would be the whole fault of the police. They have not charged him of anything yet, so they have to hurry up, otherwise nothing will happen anyway. I am sure the guy has a lawyer...so will see.

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Davaoeno

His helper broke the law . He broke the law. You can spin it anyway that you want to try to defend him  but the truth is on video for all to see! 

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rfm010

Lots of concern here about whether or not the police had the right to be on private streets.   Some possibilities:  the streets have been turned over to the local goverment and so are public (there is some debate in my sub as to whether or not our sub has done such);   the police were invited in by the HOA to join the security guards on patrol (my sub has on occassion done this--at the moment we have armed military manning/sleeping at some our now closed gates).   So quite possible the coppers had a right to be there.  

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Cgu
1 hour ago, Davaoeno said:

His helper broke the law . He broke the law. You can spin it anyway that you want to try to defend him  but the truth is on video for all to see! 

I am not defending the guys behaviour and the discussion was about if the police can enter private properties without a warrant and no crime committed. I stand by that as clearly when the police arrived there was no crime committed. He came out of the house when the police was already there. Afterwards he stepped on the street (I think he wanted to stop the filming). If that was his whole crime.....(I do not agree with his behaviour).

It describes a different accident, but it can be applied to subdivision as well, if private roads in subdivision are considered  open areas in privates spaces:

The Bayanihan to Heal as One Act, or President Rodrigo Duterte's special powers, do not mention anything about enforcing lockdown rules in private premises. Shutting down open areas in private spaces are also not in the rules issued by the Duterte government’s Inter-Agency Task Force (IATF) against the coronavirus.

"This case is like sitting on a bench in the garden of your single detached residence. That is not a crime," said Carpio.

Carpio said "there is no other law" that prohibits it, "and assuming there is, entry would still be unconstitutional without the police securing a search or arrest warrant. It will violate the constitutional right to security of abode and the constitutional right to privacy."

https://www.rappler.com/nation/258520-carpio-says-warrantless-police-operations-taguig-comdominium-illegal

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hyaku
On 4/29/2020 at 5:15 AM, davehud said:

He looks highly intoxicated to me.

I guess he is. So is it usual that you are in you own home in a private community, half dressed and half pissed to have PNP wander into your garden berating a female worker watering the flowers? Wouldn't it have been better for the PNP  just to give her a mask? The way they handle things here is beyond belief.

Edited by hyaku
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yee
On 4/28/2020 at 7:28 PM, Davaoeno said:

He didnt break any HOA rules and the HOA doesnt make the laws so why would they be involved?

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. 

Since it was minor and within the subdivision, I'd think it should have been dealt with by their HOA with a simple reminder.

But the cops were called over such a trivial thing and so.. things escalated. 

I'm not saying the foreigner was not at fault. He was drunk and disrespectful. But I am also NOT saying that everything happened as it should. 

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fivestarph

I would hazard a guess that at some stage the Spaniard has pissed off his neighbours and they have used this as a pretext to get back at him.

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yee
15 hours ago, fivestarph said:

I would hazard a guess that at some stage the Spaniard has pissed off his neighbours and they have used this as a pretext to get back at him.

Yeah. Seems that way... Or maybe the maid pissed them off at some point. 

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lamoe
On 4/30/2020 at 7:10 AM, Cgu said:

I am not defending the guys behaviour and the discussion was about if the police can enter private properties without a warrant and no crime committed. I stand by that as clearly when the police arrived there was no crime committed. He came out of the house when the police was already there. Afterwards he stepped on the street (I think he wanted to stop the filming). If that was his whole crime.....(I do not agree with his behaviour).

It describes a different accident, but it can be applied to subdivision as well, if private roads in subdivision are considered  open areas in privates spaces:

The Bayanihan to Heal as One Act, or President Rodrigo Duterte's special powers, do not mention anything about enforcing lockdown rules in private premises. Shutting down open areas in private spaces are also not in the rules issued by the Duterte government’s Inter-Agency Task Force (IATF) against the coronavirus.

"This case is like sitting on a bench in the garden of your single detached residence. That is not a crime," said Carpio.

Carpio said "there is no other law" that prohibits it, "and assuming there is, entry would still be unconstitutional without the police securing a search or arrest warrant. It will violate the constitutional right to security of abode and the constitutional right to privacy."

https://www.rappler.com/nation/258520-carpio-says-warrantless-police-operations-taguig-comdominium-illegal

Sub-division "Open areas" are defined  as public  / common areas unless of you mean their yard which is a "private  open space". Which is still subject to certain criminal / civil laws. Nudity, noise (here means lots of noise at a party you weren't invited to), disturbing the peace, etc.

Try this logic. Roads are private, accessible only to authorized people (owners, helpers, HOA employees, visitors, police (as required by law)),  non-private areas are public / common areas accessible to anyone authorized to be in sub-division. If not then no one  could be on streets could they?

When police are involved,  "that which is not specifically legal is illegal" until settled in court".

On 4/29/2020 at 9:29 PM, to_dave007 said:

At any rate.. if the Spaniard wishes, he can take it to the Supreme Court to ensure he gets his full measure of Justice...

True about the condo - if no reported violation of law in public areas them shouldn't have entered. If there were complaints then they had ever right to investigate  - crimes in progress. No time for warrant. "The man next door is beating his wife - hurry" is an example.

It does specifically state "public" areas. See above.

"The Bayanihan to Heal as One Act, or President Rodrigo Duterte's special powers, do not mention anything about enforcing lockdown rules in private premises. Shutting down open areas in private spaces are also not in the rules issued by the Duterte government’s Inter-Agency Task Force (IATF) against the coronavirus."

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Cgu
27 minutes ago, lamoe said:

Roads are private, accessible only to authorized people (owners, helpers, HOA employees, visitors, police (as required by law)),

You describe a subdivision. Only owners can enter or who is authorized. It is not public. There is a gate with private guards, only letting in people who are authorized by the owners or rules set by the owners (set by the assembly of the owners - which in certain subdivision is quite often and compulsory). It is not a public space , it is a private space where the HOA sets rules, but not superseding the law (if applicable).

So the road, where the guy was, in the sub-divison is clearly private property - it is not public. So this applies:

 Shutting down open areas in private spaces are also not in the rules issued by the Duterte government’s Inter-Agency Task Force (IATF) against the coronavirus.

Look at this case (supreme Court):

https://www.manilatimes.net/2019/03/14/legal-advice/dearpao/ownership-of-subdivision-road/525292/

In the case of Gatchalian vs. Flores, et al. (GR 225176, Jan. 19, 2018), the Supreme Court through Associate Justice Noel Tijam stated:

“In the case of Woodridge School Inc. v. ARB Construction Co. Inc., this Court held that:

In the case of Abellana Sr. vs Court of Appeals, the Court held that ‘the road lots in a private subdivision are private property, hence, the local government should first acquire them by donation, purchase or expropriation, if they are to be utilized as a public road.’ Otherwise, they remain to be private properties of the owner-developer.

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Cgu
54 minutes ago, lamoe said:

Sub-division "Open areas" are defined  as public  / common areas unless of you mean their yard which is a "private  open space". Which is still subject to certain criminal / civil laws. Nudity, noise (here means lots of noise at a party you weren't invited to), disturbing the peace, etc.

Try this logic. Roads are private, accessible only to authorized people (owners, helpers, HOA employees, visitors, police (as required by law)),  non-private areas are public / common areas accessible to anyone authorized to be in sub-division. If not then no one  could be on streets could they?

When police are involved,  "that which is not specifically legal is illegal" until settled in court".

True about the condo - if no reported violation of law in public areas them shouldn't have entered. If there were complaints then they had ever right to investigate  - crimes in progress. No time for warrant. "The man next door is beating his wife - hurry" is an example.

It does specifically state "public" areas. See above.

"The Bayanihan to Heal as One Act, or President Rodrigo Duterte's special powers, do not mention anything about enforcing lockdown rules in private premises. Shutting down open areas in private spaces are also not in the rules issued by the Duterte government’s Inter-Agency Task Force (IATF) against the coronavirus."

 

And since the whole subdivision is considered private property, including the roads, and are not under the EO of DU30  the police was out of line in the first place trying to fine the maid and then the guy stepping on the road (considered private) stepped merely on private property (He behavior is still not excused, but also the behavior of the police).

Only the HOA can set the rules and then the guards should step in, but in subdivisions is hard to implement the rules of the HOA (lots of subdivisions, even very high end, have owners who do not follow all the rules). 

On 4/30/2020 at 12:35 PM, Davaoeno said:

His helper broke the law . He broke the law. You can spin it anyway that you want to try to defend him  but the truth is on video for all to see! 

Which law, stepping on private property? So you have to wear a mask on a private property? This is clearly not in the DU30 EO.

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lamoe
Posted (edited)
29 minutes ago, Cgu said:

You describe a subdivision. Only owners can enter or who is authorized. It is not public. There is a gate with private guards, only letting in people who are authorized by the owners or rules set by the owners (set by the assembly of the owners - which in certain subdivision is quite often and compulsory). It is not a public space , it is a private space where the HOA sets rules, but not superseding the law (if applicable).

So the road, where the guy was, in the sub-divison is clearly private property - it is not public. So this applies:

 Shutting down open areas in private spaces are also not in the rules issued by the Duterte government’s Inter-Agency Task Force (IATF) against the coronavirus.

Look at this case (supreme Court):

https://www.manilatimes.net/2019/03/14/legal-advice/dearpao/ownership-of-subdivision-road/525292/

In the case of Gatchalian vs. Flores, et al. (GR 225176, Jan. 19, 2018), the Supreme Court through Associate Justice Noel Tijam stated:

“In the case of Woodridge School Inc. v. ARB Construction Co. Inc., this Court held that:

In the case of Abellana Sr. vs Court of Appeals, the Court held that ‘the road lots in a private subdivision are private property, hence, the local government should first acquire them by donation, purchase or expropriation, if they are to be utilized as a public road.’ Otherwise, they remain to be private properties of the owner-developer.

Never said roads weren't private property.

Your sited case is a civil and has nothing to do with a crime in progress.

Again, they're  communally owned and thus public spaces available to the public - meaning  - homeowners- help - HOA employees - and gov agencies (on a per incidence basis). As opposed to private spaces home / yard not available to general sub-division residents.

Really, fire trucks, paramedics, police responding to  a crime not allowed in?

Sorry laws supersede HOA rules.

I see you totally ignored the crime in progress "man beating wife"

Try this "probable cause" don need not stinken warrant.

 

Edited by lamoe
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