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What Is A Buy-Bust Operation?

Tuesday, April 10, 2018 / No Comments
buy-bust operation
The other day, 19 persons were arrested in a buy-bust operation in Paranaque.


This is a drug related operation in connection with the Government's war against drug.


So, what is a buy-bust operation?


In layman's term, a buy-bust operation is an undercover operation by the
NBI,PNP,PDEA,CIDG or other law enforcement officer to catch a person in the act of
committing a criminal offense.


A Buy-bust operation is a form of Entrapment.


A buy-bust operation conducted in connection with illegal drug-related offenses is a form  of entrapment.


There is entrapment when ways and means are resorted to by the PDEA, NBI, PNP or other law enforcement officer for the purpose of trapping and capturing the law breaker in the execution of his criminal plan.


Remember that when the NBI,PNP,PDEA,CIDG or other law enforcement agencies entrap the law violators, the law violators can not claim that they can not be prosecuted and convicted because they were entrap.


Entrapment is not an absolutory cause.


Absolutory cause means that where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed.


In buy-bust operations, there is no law or rule requiring the PNP,NBI,PDEA,CIDG or other law enforcement agencies to adopt a uniform way of identifying buy money.


Those 19 persons arrested in Paranaque in a buy-bust operation can not claim that they  were framed for sure like most accused who is caught in flagrante delicto because the courts views such claim with disfavor because it can easily be feigned and fabricated.


Great job law enforcement officers. Continue the good work.

NBI Confidential Agent

Monday, July 3, 2017 / No Comments
nbi badge
NBI Badge


A Few months ago, the The National Bureau of Investigation was in
the spotlight.


One NBI Confidential Agent was involved in the kidnap-slay of a 
Korean businessman.


Some reports initially mentioned that an NBI Agent was the mastermind
in the kidnap and slay of the Korean businessman.


The Bureau denied that non of its agent nor special investigators
were involved in that incident.


The bureau said that the one involved in that particular crime is a
mere confidential or contractual agent and not an special agent nor
an special investigator.


If a contractual agent or confidential agent is not actually
a member of the NBI or not an organic personnel as the NBI
termed it, then what is an NBI Confidential agent?


The NBI was correct when it said that a confidential agent is not an
organic personnel of the NBI.


An organic member of the bureau are the ones who receive a regular
monthly salary as mandated by the salary standardization law and that
they are covered by the principle of security of tenure in public
office.


An NBI Confidential agent is not an organic member of the bureau
because he does not receive a regular salary from the government and
not entitled to security of tenure.


Take note that under Republic Act No.10867 or the law reorganizing
and modernizing the NBI, the position of NBI Confidential Agent
does not exist.


The law says that the NBI director may hire NBI Consultants and
designate NBI Informants for investigative purposes.


These persons may be issued mission orders and permits to carry
duly licensed firearms outside residence assisting the bureau in its
investigative work.


A Mission Order by the way is an authority from a government agency
to carry a firearm in pursuance of a specific mission or task on
behalf of the agency.


This authority is usually derived from the law or organic Act
creating the agency. Mission Orders are usually issued to agents or
employees of the specific agency.


These NBI Informants or commonly called NBI Confidential Agents are
appointed by the NBI Director.


At present, the appointment of these so called confidential agents
were suspended  by the DOJ Secretary.


These Confidential Agents are mostly professionals and businessmen
recruited by NBI agents to act as informants.


They are issued badges similar to those issued to regular agents.


But unlike the NBI Special Agents and NBI Special Investigators,
these informants/confidential agents undertakes a few days of basic
intelligence gathering training.


A Fact Finding report found out that the number of confidential agents
has so ballooned that it has now outnumbered the existing NBI
personnel complement of the NBI.


The National Bureau of Investigations is under the Department of
Justice in the same way that the Philippine National Police is
under the Department of the Interior and Local Government.

Privilege of the Writ of Habeas Corpus

Saturday, May 27, 2017 / No Comments


The Writ of Habeas Corpus
The Writ of Habeas Corpus is a writ directed to the person detaining
another, commanding him to produce the body of the prisoner at a
designated time and place, with the day and cause of his caption
and detention, to do, to submit to, and receive whatever the court
or judge awarding the writ shall consider in his behalf.


Purpose
The great object of which is the liberation of those who
may be in prison without sufficient cause.


To What Habeas Corpus Extends
Except as otherwise provided by law, the writ of habeas corpus shall
extend to all cases of illegal confinement or detention by which any
person is deprived of his liberty, or by which the rightful custody
of any person is withheld from the person entitled thereto.


Privilege
It is the right to have an immediate determination of the
legality of the deprivation of physical liberty.


Suspension of the Privilege

In case of invasion or rebellion, when the public safety requires
it, the President, may for a period not exceeding 60 days, suspend
the privilege of the writ of habeas corpus.


General Limitations on the power to suspend the privilege
1. Time limit of 60 days
2. Review and possible revocation by congress
3. Review and possible nullification by the Supreme Court.


To Whom Applicable
The Suspension of the privilege of the writ shall apply only to
persons judicially charged for rebellion or offenses inherent
in or directly connected with invasion.


Effect on Applicable Persons
During the suspension of the privilege of the writ, any person thus
arrested or detained shall be judicially charge within 3 days,
otherwise he shall be released.


What happens if the person arrested or detained is not 
judicially charge nor released after 3 days ?
The Public officer will be liable under Art.125 of the
Revised Penal Code for delay in the delivery of detained person.


Persons suspected of the above crimes can be arrested and detained
without warrant of arrest.


The suspension of the privilege does not make the arrest without
warrant legal. But the military is in effect, enabled to make the
arrest anyway since, with the suspension of the privilege, there
is no remedy available against such unlawful arrest. (arbitrary
detention).


The Crime for which he is arrested must be one related to
rebellion or invasion. As to other crimes, the suspension of the
privilege does not apply.


The Suspension of the privilege of the writ does not impair
the right to bail.


Grounds For Suspending The Privilege Of the Writ Of Habeas Corpus
1. In Case of Invasion or Rebellion
2. When the public safety requires it


Duration
Not to exceed 60 days, following which it shall be lifted,
unless extended by congress.


Ways To Lift The Suspension
1. Lifting by the President himself
2. Revocation by congress
3. Nullification by the Supreme Court
4. By operation of law after 60 days


Duty of the President
Within 48 hours from the proclamation of Martial law or the
suspension of the privilege of the writ of habeas corpus, the
President shall submit a report in person or in writing to the
congress.


Role of Congress
1. Congress convenes
2. Congress may either revoke or extend


The Congress if not in session shall, within 24 hours following
the proclamation or suspension , convene according to its rule
without need of a call.


The Congress, voting jointly, by a vote of at least a majority
of all its members in regular or special session, may revoke
the proclamation or suspension, which the President may not set
aside.


Upon the initiative of the President, the congress may, in the same
manner, extend such proclamation or suspension for a period to be
determined by the congress, if the invasion or rebellion shall
persist and public safety requires it.


Role of the Supreme Court
The Supreme Court may review in appropriate proceeding filed by
any citizen, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of
the writ or the extension thereof, and must promulgate  its
decision thereof within 30 days from its filing.


1997 Bar Exam Question

Facts:
Claiming they were illegally arrested without any warrant of arrest,
Petitioners sued several officers of the AFP for damages. The
officers of the AFP argued that the action was barred since the
suspension of the privilege of the writ of habeas of corpus
precluded judicial inquiry into the legality of their detention.


Held:
The contention of the AFP officers has no merits.
The suspension of the privilege of the writ of habeas corpus does
not render valid an otherwise illegal arrest or detention.
What is suspended is merely the right of individual to seek
release from detention through the writ of habeas corpus.