Policing the Police
Atty. Alan R. Cañares
Graft Investigation and Prosecution Officer 2
Office of the Deputy Ombudsman for the Military
and Other Law Enforcement Offices
The Office of the Deputy Ombudsman for
the Military and Other Law Enforcement
Offices receives on the average 350 cases
every month or some 4,000+ cases
annually.
Distribution of Cases
criminal
administrative
fact-finding
request for assistance
Distribution of Cases
PNP, 87%
AFP, 11%
BJMP, BFP, etc., 2%
Distribution of Cases
LRO
HRO
HRO:LRO = 1:12
Criminal Offenses Commonly Filed
Against Police Officers
Threats and Coercion
Physical Injuries
Homicide (incl. Attempted and
Frustrated)
Offenses Under the Revised Penal Code
 Negligence and Tolerance (Art. 208)
 Direct Bribery (Art. 210)
 Qualified Bribery (Art. 211-A)
 Indirect Bribery (Art. 211)
 Fraud Against Public Treasury (Art. 213)
 Malversation of Funds or Property (Art. 217)
 Failure to Render Accounts (Art. 218)
 Illegal Use of Funds or Property (Art. 220)
Offenses Under the Revised Penal Code
 Conniving with or Consenting to Evasion (Art.
223)
 Evasion through Negligence (Art. 224)
 Infidelity in the Custody of Documents (Art. 226)
 Maltreatment of Prisoners (Art. 235)
 Abuses Against Chastity (Art. 245)
Other Offenses Under the Revised Penal Code
 Arbitrary Detention (Art. 124)
 Delay in the Delivery of Detained Persons (Art.
125)
 Delaying Release (Art. 126)
 Violation of Domicile (Arts. 128, 129, and 130)
 Falsification of Documents (Art. 171)
 Perjury (Art. 183)
Other Laws Violated
 P.D. 1829 (Obstruction of Justice)
 R.A. 7438 (Miranda Rights of Accused)
 R.A. 9165 (Dangerous Drugs Law - Planting of
Evidence)
 R.A. 7610 (Child Abuse Law)
 R.A. 9262 (Violence Against Women and
Children)
 R.A. 8049 (Anti-Hazing Law)
 R.A. 9184 (Government Procurement Reform)
Direct Bribery
 By agreeing to perform an act constituting a
crime, in connection with the performance
of official duties, inconsideration of any
offer, promise, gift or present received by
such officer;
 By accepting a gift in consideration of the
execution of an act which does not constitute
a crime;
 By refraining from doing something which it
was his official duty to do in consideration of
a gift received or promised.
Qualified Bribery
It is committed by any public officer entrusted
with law enforcement who refrains from
arresting or prosecuting an offender who has
committed a crime punishable by reclusion
perpetua and/or death in consideration of any
offer, promise, gift or present.
Indirect Bribery
It is the acceptance of gifts by a public
officer by reason of his office.
Presidential Decree No. 46
It penalizes any public official or employee who
receives directly or indirectly any gift, present
or other valuable thing on any occasion,
including Christmas, when such gift, present or
other valuable thing is given by reason of his
official position, regardless of whether or not
the same is for past favor or favors or the giver
hopes or expects to receive a favor or better
treatment in the future.
Modes of Committing Malversation
By appropriating a public fund or property
By taking or misappropriating the same
By consenting another to take the public
fund or property
By permitting any other person to take the
same through abandonment or negligence
The return or restitution of the
malversed property or fund will not
exempt the accused from any
criminal liability. But the return or
restitution is mitigating.
Prima Facie Presumption of Malversation
The failure of a public officer to
have duly forthcoming any public funds
or property with which he is chargeable,
upon demand by any duly authorized
officer, shall be prima facie evidence
that he has put such missing funds or
property to personal uses.
Technical Malversation
It is the application by a public
officer of any public fund or property
under his administration to any public
use other than that for which such fund
or property were appropriated by law or
ordinance, even if there be no resulting
damage or embarrassment to the public
service.
Three Modes of Committing
Arbitrary Detention
 By detaining a person without legal grounds
(Art. 124);
 By failing to deliver a detained person to the
proper judicial authorities within the
reglementary period (Art. 125);
 By delaying the performance of any judicial
or executive order for the release of a
prisoner or detention prisoner or by delaying
the service of the notice of such order to the
prisoner or the proceedings upon any petition
for the release of such person (Art. 126).
Arbitrary detention is usually
committed by a police officer who
arrests and detains a person without
a warrant issued by a court.
Warrantless Arrests
 When in the presence of the arresting officer, the
person to be arrested has committed, is actually
committing, or is attempting to commit an
offense;
 When an offense has in fact just been committed,
and he has probable cause based on personal
knowledge that the person to be arrested has
committed it;
 When the person to be arrested is a fugitive or
escapee.
The reglementary period under Article
125 is continuous and not deemed
suspended during the night or holidays
when the courts are not open.
The term judicial authorities refers to the
courts of law and not to the prosecutor.
Bringing the person arrested to the
prosecutor for inquest does not suspend
the running of the period.
Modes of Committing
Violation of Domicile
 While not authorized by any judicial order, by
entering any dwelling against the will of the
owner, searching papers or effects found
therein without the previous consent of such
owner, or having surreptitiously entered said
dwelling, and being required to leave the
premises, by refusing to do so (Art. 128);
 By procuring a search warrant without just
cause or, having legally procuring the same,
by exceeding one’s authority or using
unnecessary severity in the executing the same
(Art. 129);
Modes of Committing
Violation of Domicile
 Where a search is proper, by searching the
domicile, papers or other belongings of any
person, in the absence of the latter, any
member of his family, or in their default,
without the presence of two witnesses residing
in the same locality
Doctrine of Hot Pursuit
legitimizes entry and search even
without a search warrant.
The establishment of checkpoints has
been held valid by the Supreme Court
as a legitimate exercise of police power
of the State. However, the inspection
is limited to a visual search and neither
the vehicle itself nor the occupants are
subjected to a search, unless the
officers conducting the search has
probable cause that the motorist is a
law offender or they would find
evidence of a crime inside the vehicle.
(Valmonte v. De Villa; Aniag v. COMELEC)
Prohibited Acts under R.A. 7438
(Miranda Rights of the Accused)
 Failing to inform any person arrested, detained,
or under custodial investigation of his right to
remain silent and to have competent and
independent counsel preferably of his own
choice;
 Failing to provide a competent and independent
counsel to a person arrested, detained, or under
custodial investigation if the latter cannot afford
the services of his counsel;
Prohibited Acts under R.A. 7438
(Miranda Rights of the Accused)
 Obstructing, preventing, or prohibiting any
lawyer, any member of the immediate family,
or any medical doctor or priest or religious
minister, or his counsel, from visiting and
conferring privately with him, or from
ministering to his spiritual needs at any hour
of the day or, in urgent cases, of the night.
Sexual Harassment
It is a demand, request or
requirement of any sexual favor
from a person who has authority,
influence or moral ascendancy
over
another,
regardless
of
whether the demand, request or
requirement for submission is
accepted by the object of the
said act.
Work-Related Sexual
Harassment
The sexual favor is made as a condition in the hiring or
in the employment, re-employment, or continued
employment of a person, or in granting said person
favorable compensation, terms, conditions, promotions,
or privileges; or the refusal to grant the sexual favor
results in limiting, segregating or classifying the
employee which in any way would discriminate, deprive
or diminish employment opportunities or otherwise
adversely affect said employee, or the above acts would
impair the employee’s rights or privileges or the acts
would result in an intimidating, hostile, or offensive
environment for the employee.
Hazing defined
Hazing is an initiation rite or practice as a
prerequisite for admission into membership in a
fraternity, sorority, or organization by placing
the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as
forcing him to do menial, silly, foolish or
similar tasks or activities or otherwise
subjecting him to physical or psychological
suffering or injury.
The mere presence of any person
during the hazing is prima facie
evidence of participation therein as
principal unless he prevented the
commission of the acts punishable
therein.
THANK YOU!