PAALALA SA MGA PULIS NA NAKATALAGA SA CHECKPOINT TUNGKOL SA PAGKUMPISKA NG MGA ILIGAL NA DROGA O ANUMANG BAGAY
Sa isang regular na pagsisiyasat, tulad ng routine inspection on PNP’s Anti-Criminality Program o implementation of “no plate, no travel” policy o “no helmet, no travel” policy, the rule is, the military/police personnel manning the checkpoint cannot compel the motorists to open the trunk or glove compartment of the car or any package therein. Such extensive search requires the existence of probable cause (PP vs Lacerna, Sept 5, 1997) or consent (Caballes vs CA, January 15, 2002).
Last Updated (Wednesday, 22 June 2011 05:55)
A PARADIGM SHIFT
One of the purposes, if not the main purpose, of law enforcement is to ensure that crime does not pay. To most law enforcers and the public in general, there is a prevailing notion that in order to do that, you have to secure a criminal conviction and see to it that the criminal is incarcerated. The problem with putting the criminal behind bars is that there are so many loopholes in our criminal laws.
In his column CTalk published in the newspaper Philippine Star on March 4, 2011, Cito Beltran held the observation that, “Our laws make it just as hard for law enforcers to enforce the law and arrests, as much as it makes it difficult for citizens to defend themselves”. He went on to say that other nations where we copied our laws learned how to rewrite them but here in the Philippines. “...we insist on carrying on with their mistake.” He cited as example, Australia and some parts of America and Europe where, “...they will charge you with a misdemeanour or fine you for minor vehicular accidents or for possession of a limited quantity of drugs.” He argued: “The philosophy is that if you want to teach people a lesson, do it by hurting their pockets or their wallets. That is how Singapore earned the title a “Fine” city-state. They fine you for every violation.”
Last Updated (Monday, 05 March 2012 06:34)