Arrest of Makati bar lawyers puts at risk ordinary Filipinos — CHR
MANILA, Philippines — The Commission on Human Rights on Saturday expressed alarm over the arrest of three lawyers by Makati police on Thursday for alleged obstruction of justice.
According to the Southern Police District, the three lawyers "entered the premises of the bar, took several pictures and videos of the scene [and] intimidated the members of the searching team" while police were implementing a search warrant on TIME in Manila, a bar in Makati City where a sting operation was conducted last Saturday.
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The SPD said the lawyers did all these "without proper and prior coordination."
In a statement, the CHR said lawyers Romulo Alarkon, Jan Vincent Soliven and Leni Rocha were only fulfilling their obligation as counsels of their client, which is a constitutional right of every Filipino.
“It shows an utter disrespect not only of the law profession but also of constitutionally enshrined rights. It emboldens other law enforcement agencies and puts at risk ordinary Filipino citizens,” the rights watchdog said.
“The Commission for its part, shall continue to pursue its investigation on the matter,” it added.
The Integrated Bar of the Philippines will be filing a petition for a writ of habeas corpus to challenge the “questionable arrest and detention” of three lawyers. — Ian Nicolas Cigaral
Three lawyers reportedly arrested for obstruction of justice are facing criminal complaints before the Makati prosecutor’s office.
Makati police have filed complaints of Obstruction of Justice, Resistance and Disobedience to a Person in Authority, Violation of City Ordinance No. 96-298 and Section 11, Article II (Possession of Dangerous Drugs) of the Comprehensive Dangerous Drugs Act of 2002 against lawyers Romulo Alarkon, Jan Vincent Soliven and Lenie Rocha.
The investigation data form notes that the complaint is for “Constructive Possession” of illegal drugs.
A resolution has been filed at the House of Representatives for its committees on justice and good government to hold hearings on the "highly irregular" incident of lawyers being arrested for alleged obstruction of justice.
Rep. Salvador Belaro (1-Ang Edukasyon party-list) says lawmakers "would like to ascertain if the said irregular incident has serious imolications on the observance of basic constitutional rights, especially the right to counsel, rights under custodial investigation and right to due process."
The arrest of the lawyers, who were at a Makati bar to observe and document police as they implemented a search warrant, has been condemned by the Integrated Bar of the Philippines and other lawyers' groups.
Vice President Leni Robredo criticizes the arrest of three lawyers for "obstruction of justice" as they were monitoring the execution of a search warrant by the police, calling it a challenge to constitutional rights which Filipinos must not allow to pass.
"That some members of our police force now feel that they can brush aside claims to legal rights and due process, and bully and intimidate those asserting them – even if they are lawyers performing their duties, and thus, clothed with authority as officers of the court – through verbal harangues, physical restraint, and the threat of subsequent criminal liability, is indicative of an alarming erosion of Constitutional protections and the rule of law," she says.
"If even lawyers, fully educated on their Constitutional rights and trained to assert them, can be treated with such official disdain, then we can only imagine how much worse less informed, less empowered Filipinos will fare when subjected to abusive behavior by agents of government."
The arrested lawyers were Lenie Rocel Rocha, Jan Vincent Soliven and Romulo Bernard Alarcon.
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