READ: Possible countercharges against authorities that could be filed by citizens critical of the president if they are faced or slapped with arrest
But first, get a lawyer. The lawyer knows how to defend you in legal proceedings, and what legal steps are available to you.
But first, get a lawyer. The lawyer knows how to defend you in legal proceedings, and what legal steps are available to you.
Citizens could file countercharges before the Ombudsman and the regular courts, according to Bayan Muna Rep. @kaloi_zarate.
Authorities involved in illegal or arbitrary arrest could be held liable through criminal, civil and administrative cases, says @OlaliaEdre of the National Union of Peoples Lawyers (@nupl).
Among the cases an illegally-arrested citizen could file are:
1. Violation of Article 19 of RA 386 “Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith"
1. Violation of Article 19 of RA 386 “Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith"
2. Violation of Article 32 of RA 386 "Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impair any of the ff rights and liberties of another person shall be liable ... for damages:
a) Freedom of speech
b) Freedom to write for the press or to maintain a periodical publication
c) Freedom from arbitrary or illegal detention; the right to the equal protection of the laws;
b) Freedom to write for the press or to maintain a periodical publication
c) Freedom from arbitrary or illegal detention; the right to the equal protection of the laws;
d) Right to be secure in one’s person, house, papers, and effects against unreasonable searches and seizures
f) Liberty of abode and of changing the same
g) Right to become a member of associations or societies for purposes not contrary to law
f) Liberty of abode and of changing the same
g) Right to become a member of associations or societies for purposes not contrary to law
Also
h) Right to take part in a peaceable assembly to petition the Government for redress of grievances
h) Right to take part in a peaceable assembly to petition the Government for redress of grievances
3) RA 3019 Sec 3 (e) "Causing any undue injury to any party, xxx or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality, xxx"
administrative or judicial functions through manifest partiality, xxx"
4) Violating RA 6312 Sec 4 (d) and (g) which requires political neutrality and commitment to democracy from government officials
"Any government authority who arrests said netizens without a warrant can be accountable for illegal arrest or arbitrary detention under Article 124 of the Revised Penal Code."
-- Former Rep. Neri @ColmenaresPH
-- Former Rep. Neri @ColmenaresPH
Why the Ombudsman? The Ombudsman has the power to "remove, suspend, demote, fine, censure, or prosecute an officer or employee" of government. (Except Members of Congress, the Judiciary, and impeachable officials)
The Ombudsman's power to dismiss erring officials includes "cancellation of eligibility, forfeiture of retirement benefits, and the perpetual disqualification for re-employment in the government service"
The filing (and winning) of cases with the Ombudsman could prove to be potent in giving the erring officials and law enforcers a lesson.
Public officials are required to obtain an Ombudsman's Clearance for the following purposes:
Public officials are required to obtain an Ombudsman's Clearance for the following purposes:
