PEOPLE talk about...
[1] FOREIGN AFFAIRS CHIEF TED LOCSIN TWITTER ACCOUNT BEING LOCKED OUT. The allegedly offensive tweet: "Those are f***ing communists. You shoot them. You don't listen to them." The foreign affairs chief was referring to Bayan Muna members who commented on the RP-US Balikatan exercises in May.
The suspension may be temporary or permanent, depending upon whether Locsin will appeal the lockout and Twitter will approve the request. Twitter will shut down a Twitter account that is suspected to have spam content, the account is hacked or compromised, or it has abusive tweets.
Under three laws
Police charged Monday (March 9) Ildefonso Miranda Jr., former police chief of Argao, Cebu with three criminal charges. Check out each of them and match the law with what he allegedly did:
[1] Art. 156 of the Revised Penal Code, "delivering prisoners from jail," which consists of either (a) removing any person from any jail or penal establishment where the person is confined, or (b) helping the escape of such person.
The woman detainee whom Miranda helped didn't escape, so disregard the second kind in (b).
It must be (a) the first kind, which is removing the person from confinement. The problem here is that the removal was not for the woman's escape. She was moved temporarily from the jail cell to the jailer's room, within the same facility. The intent of the provision, from the way it is worded, must be to punish an escape or release from confinement. That was not so in the Argao case.
[2] Art. 210 of RPC, "direct bribery," talks of a gift or present promised or received in consideration of which the police officer committed a crime or did something not criminal.
The ambiguity here is on the "gift" which by the context must be material. The fine in the penalty. the law says, is not less than three times the value of the "gift."
How is the value of the woman's sleeping with the police chief estimated? Besides, it is not quantified if the police chief and the woman were lovers; the love-making cannot be considered a "gift" or "present" of commercial value. The crime may not be direct bribery within the meaning of the RPC.
[3] Republic Act #3019 lists nine acts as corrupt practices of police officers. What they have in mind against Miranda must be under (b), namely, "requesting or receiving gift or benefit in connection with a transaction where the public officer has to intervene."
Prosecutors may consider bedding with the woman as a "benefit" if the former police chief cannot show they are lovers and the affair was consensual and not in consideration of the VIP treatment given her. While Art. 10 says "gift or present," the Ant-Graft and Corrupt Practices Act says "gift or benefit."
Criminal laws, we are told, are interpreted strictly in favor of the accused. The intent and phraseology of the law must be clear to convict the accused.
He won't be unpunished
What Miranda may not get away from is administrative penalty. He may lose his job and its benefits.
The offenses in his position as police chief -- giving the woman detainee the treatment not given to a person deprived of liberty for a crime -- may be easily proved. His admission, photos of his activity, and testimony of at least two of his cops will strip him of his position and rank and more.
Proving the crime is more tricky because of the wording of the laws under which he will be prosecuted.
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