PNP urges public to download ‘Know Your Rights’ application

mid concerns on alleged violations in the intensified campaign against street idlers or “tambays,” the Philippine National Police (PNP) urged the public to be informed of their rights by downloading the “Know Your Rights” application.

“Know Your Rights” is a mobile application conceptualized and launched in December 2017 to make people aware of their basic human rights under the law, which they can use when the police arrest them.

“We designed a downloadable smartphone android ‘PNP Know Your Rights’ that allows the public to educate themselves of their individual human rights and other civil rights that they can demand from police to observe whenever they [are being] accosted or arrested,” said PNP chief Director General Oscar Albayalde.

Albayalde said that once installed, the application can be accessed anytime by both civilians and police personnel.

For the PNP personnel, the application equips them with the right information to advise persons placed under police custody of their rights under the law, Albayalde said.

As for the public, it provides them an easy access to human rights advisories and policies, he added.

Among the features of the application are the Miranda Rights or Miranda Warning which must be said by the cops when conducting an arrest. It includes the violations or crimes committed; the person’s rights to remain silent, and to have competent, independent and either private or government-provided lawyer.

The Miranda Rights is written in 15 dialects and languages including Tagalog, Ilokano, Kapampangan, Bikol, Hiligaynon, Waray, Sebwano, Tausug, Meranaw, Chabacano, English, Taiwanese, Korean, Japanese and Chinese.

Also included in the Know Your Rights application are the Republic Act (RA) 7438 or the Rights of Persons Arrested, Detained or Under Custodial Investigation and the RA 9745 or the Anti-Torture Law.

Under the RA 7438, custodial investigation includes the practice of “inviting a person” to be questioned about his/her knowledge or possible involvement in a crime or offense. It was stated that the police officer or law enforcer will be liable for any violation that might happen during the said invitation.

The Anti-Torture warning must also be recited while cops inform the arrested person of his/her right to access a private or government-provided doctor for a physical examination.

Under the Article 125 of the Revised Penal Code, arrested persons who have not passed through inquest proceedings or preliminary investigation cannot be detained for more than 12 hours after being arrested for crimes or offenses punishable by light offenses; 18 hours for those punishable by correctional penalties; and 36 hours for those punishable by capital penalties.

The Know Your Right application also features human rights advisories and operational procedures when conducting various police operations such as custodial investigation, implementation of arrest and search warrants, and checkpoints, among others.

Furthermore, Albayalde said that every territorial police station must have a human rights police desk officer in order to attend to suspects or their families’ concerns related to possible violation of human rights.

“If they feel they are violated by the police, they can always come to us for help since we already have human rights desks offices. Even at Camp Crame we have the HRAO (Human Rights Affairs Office),” Albayalde added.

Public concern on possible human rights violation in the PNP’s anti-tambay drive surfaced when cops mistakenly arrested two call center agents in Makati City earlier this month.

The Makati Police said the call center agents were arrested since they were standing near “tambays” who were drinking on the street, a violation of a city ordinance.

It was only after the call center agents were detained that cops learned they were not part of the drunken group.

Albayalde said the police involved in the incident were already relieved.

The concerns further grew with the death of 25-year-old Genesis Argoncillo, who died while under police custodial investigation last June 19 in Novaliches, Quezon City.

Argoncillo was arrested for allegedly loitering the streets without an upper garment (half-naked). Police said he was mauled by his two co-inmates.

Relatedly, a viral post which showed a man who went out of his house and stood in front of their gate for a couple of minutes was arrested by patrolling officer in Barangay Santa Lucia, Novaliches, Quezon City recently.

The man was identified as Ariel Morco and he was nabbed for violating a city ordinance for loitering the streets without a shirt (half-naked), police said.

According to Inspector Gilbert Caducano, chief of Quezon City Police Station 5 Intelligence Unit, residents should just follow the city ordinance in order not to be arrested.

He insisted Morco violated the ordinance. Instead of detention, Morco was ordered to clean the comfort room of the police station as a punishment.