Aired (January 15, 2024): Lalaking nangholdap, nakipagpatintero na kalaun’ay nahuli at nabaril ng mga pulis. Ano ba ang sinasabi ng batas tungkol dito? Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion. Panoorin ang video.
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00:00 Did you watch that? It's like a scene from a movie where police surrounded a jeep that was just lying on the road while a man was driving in Santa Mesa, Manila.
00:10 What they are pointing at is a hold-upper who was shot. We will talk about that with our heart in the law, Atty. Gabby Concepcion.
00:20 Atty., good morning.
00:21 Good morning to you too, Ivan. Good morning to all of you.
00:24 The scenes that were shot yesterday were action scenes. It was an action movie.
00:30 All of that happened in a public area. Some of them were even filmed.
00:34 Atty., in those situations, if there is a civilian who was shot, who can be responsible for that?
00:41 Well, the one who was shot, even if it was just one hold-upper and there were many police officers.
00:48 Well, first of all, as far as I know, under the manual of operations of the police, the use of gun in police operations should be highly regulated.
00:57 For example, the use of warning shot is prohibited, especially if it is in a public area.
01:02 This is only allowed if there is an imminent danger that a police officer might die or hurt someone.
01:08 The use of gun will not be harmful to the general public.
01:13 The use of gun is only justified if it is needed for purposes of self-defense, defense of a stranger or a relative.
01:19 So, the use of warning shots while in a police operation should not be used,
01:24 except if the police are outnumbered and overpowered.
01:30 This is the issue here. There are many of them, but only one.
01:34 I don't think there is anyone who is carrying a gun.
01:37 The problem is that the incident happened in a public area and there are many civilians in the area.
01:42 I think this is a possible violation of the manual of operations.
01:47 It might be faced in an administrative case and they will be held accountable if someone is injured,
01:52 especially if a civilian is injured. It's a good thing that there is no one injured.
01:55 It's a good thing that this incident did not happen to an innocent bystander,
01:59 but they might still be in trouble with the incidents because it seems like it was overkill.
02:04 Is this an excessive use of lethal force?
02:06 Excessive use. Correct.
02:08 Especially if they are pointing a gun, but they don't have a gun.
02:13 There are many of them, but they still have the weapons they use in rallies.
02:21 What does the law say about video recording?
02:24 Here are the UCs.
02:27 Is there a law that says that video recording and uploading online of such police operations are prohibited?
02:34 I don't think so. According to the PNP, video and photos are not prohibited.
02:39 If this is in a public place and there is no violation of the national security protocol or data privacy issues,
02:46 when this is uploaded, it should be ensured that it is not a violation of human rights.
02:51 Others say that it is shameful or too incriminating.
02:54 Actually, on the other hand, we have rules on the use of body-worn cameras initiated by the Supreme Court,
03:01 especially when executing warrant of arrest and search and seizure.
03:06 I know that the PNP has a circular memo that encourages the use of body cameras for the police
03:15 so that when conducting an operation, transparency is ensured, not just for the shoot-to-kill.
03:24 This is also used as evidence in case there is an issue regarding the legality of the police actions during an operation.
03:33 But I don't think so. Even if there's a circular memo or whatever,
03:38 I don't think the cameras are yet procured and used.
03:43 But I can see the value in using body-worn cameras.
03:47 It seems that complaints about police brutality or overkill have been stopped.
03:53 There's a saying, "Trigger happy."
03:55 As long as the trigger is not allowed.
03:57 That's clear.
03:58 Attorney, thank you very much.
03:59 Thank you very much. Have a safe and happy week ahead.
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