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What to do facing a bad cop?
Topic Started: Jul 22 2011, 07:36 PM (982 Views)
johnsmith
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Hello. I am new on this board but I am glad to see that there are here elements of the Philippines Defense Forces deeply concerned with their duty.

Here is my question:

Let's imagine that in a smaller town within 100 km of Manila, "John" is finding himself being setup and framed by unscrupulous individuals trying to extort money from him and racketeer him. Some elements of the local police are accomplices in the setup and framing. It has come to the point that "John" feels that his family and himself are in clear and present danger.

How should "John" go about dealing with this situation, assuming that he is not willing to trust anyone at a local level? Who should he report to? CIDG? NBI? Where? Is there a particular focal point for dealing with corrupt elements of the police force?
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atreidesx69
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My advice my friend is "John" must seek help from a reputable media organization, such as Imbestigador. The media would then be the one who will take his case to the proper authorities, as well as give "John" media coverage, which would make the "bad" cops think twice before making any bad moves. I think that would be the safest way to go about it.
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Fmr TOPP Awardee 82'PNP
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What to do facing a bad cop ? Seek refuge under the wings of a good a good cop.
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"GUILTY CONSCIENCE NEEDS NO ACCUSER"
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johnsmith
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How about the Office of the Ombudsman? Or the Internal Affairs Service? And which should he go to?

Also two questions:
- is the PNP website usually down or is it just today?
- why is this forum not searchable (search function disabled)?
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Hitman
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johnsmith
Jul 23 2011, 02:51 PM
How about the Office of the Ombudsman? Or the Internal Affairs Service? And which should he go to?

Also two questions:
- is the PNP website usually down or is it just today?
- why is this forum not searchable (search function disabled)?

if everything fails comrade you probably turn him in to the NPA hit squad... lol, just joking but is not a bad idea. he he he.
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atreidesx69
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johnsmith
Jul 23 2011, 02:51 PM
How about the Office of the Ombudsman? Or the Internal Affairs Service? And which should he go to?

Also two questions:
- is the PNP website usually down or is it just today?
- why is this forum not searchable (search function disabled)?

As I've suggested sir, it would be best to seek help from reputable media organizations. They know the proper agency to refer the problem to, also the right people to talk with regarding the problem.
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johnsmith
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Do you have any contact info? I checked the Imbestigator website, but there is no contact info.

Then what if they are not interested in that particular story because they have "juicer" stuff at the moment? Any other newspaper, journalist or TV program you could suggest?
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johnsmith
Jul 24 2011, 04:02 PM
Do you have any contact info? I checked the Imbestigator website, but there is no contact info.

Then what if they are not interested in that particular story because they have "juicer" stuff at the moment? Any other newspaper, journalist or TV program you could suggest?

Reports/Complaints supported by evidence such as Sworn statements of complainants and witnesses, and all details(evidence) relevant to an alleged incident should be lodged before the NAPOLCOM (National Police Commission). This commission is independent from the PNP. Their job is to investigate erring policemen and dismiss those who are found guilty without prejudice of the filing of criminal or civil action against the policeman concerned in the courts depending on the complainants intention to file the case. The NAPOLCOM's decision is only administrative that will only terminate the policeman from the service, and the court will send him to jail if convicted of the crime charged.

Complainants attendance in every hearing before the NAPOLCOM is essential and indispensable.

Going to the media first is not helpful to the complainant because it exposes the suspect into the limelight without having first charged or convicted by a court of law. It will only lead to weaken the case, because the suspect has been subjected to trial by publicity which is a good ground for dismissal of the case. My advice being a former police official and a lawyer myself help you how to make a case or complaint against undesirable law enforcers.
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"GUILTY CONSCIENCE NEEDS NO ACCUSER"
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atreidesx69
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Fmr TOPP Awardee 82'PNP
Jul 24 2011, 07:44 PM
johnsmith
Jul 24 2011, 04:02 PM
Do you have any contact info? I checked the Imbestigator website, but there is no contact info.

Then what if they are not interested in that particular story because they have "juicer" stuff at the moment? Any other newspaper, journalist or TV program you could suggest?

Reports/Complaints supported by evidence such as Sworn statements of complainants and witnesses, and all details(evidence) relevant to an alleged incident should be lodged before the NAPOLCOM (National Police Commission). This commission is independent from the PNP. Their job is to investigate erring policemen and dismiss those who are found guilty without prejudice of the filing of criminal or civil action against the policeman concerned in the courts depending on the complainants intention to file the case. The NAPOLCOM's decision is only administrative that will only terminate the policeman from the service, and the court will send him to jail if convicted of the crime charged.

Complainants attendance in every hearing before the NAPOLCOM is essential and indispensable.

Going to the media first is not helpful to the complainant because it exposes the suspect into the limelight without having first charged or convicted by a court of law. It will only lead to weaken the case, because the suspect has been subjected to trial by publicity which is a good ground for dismissal of the case. My advice being a former police official and a lawyer myself help you how to make a case or complaint against undesirable law enforcers.

In that case, maybe you can help the TS sir TOP? I didn't know that a case may be weakened if exposed to media coverage due to trial by publicity. The reason why I suggested asking for help from the media is because I fear for the safety of the complainant from the "bad cops".
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johnsmith
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Thank you for your advice. I indeed see here that the Napolcom seems to have jurisdiction for such cases, but also their role seems to be much wider than that. As "citizen alpha" I am now seriously confused by the different roles, services, powers, jurisdictions and interactions of the following in matters of citizen's complaints or legal actions against the PNP:
- Ombudsman
- IAS (Internal Affairs Services)
- PLEB (People's Law Enforcement Board)
- CRAC (Complaints Referrals Action Center of the PNP)
- Napolcom

And apparently, I am not the only one:
http://www.mb.com.ph/node/159793

Also, here is a document I found that seems to try and clarify the issue:
http://anarnalawoffice.wordpress.com/2009/...-rules-of-proc/

It also seems important to pick the correct one first time, because "forum shopping" (aka lodging complaints with more than one institution in the hope that at least one of them will actually do something about it) seems to be forbidden by the law.

I see similar cases seem to have somehow ended up with the Ombudsman. For example is it not the Ombudsman who ordered the dismissal of now infamous Rolando Mendoza following the complaint of a civilian for physical abuse, planting evidence and extortion?

Would you care to expand on why your choice, should you find yourself in a similar situation, would lean towards filing your case with Napolcom rather than one of the other offices?
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