Lawyer says arrest of 2 students ‘invalid’
A lawyer saw no possible criminal charge can be filed by the police against the students who were arrested for posing in a picture with middle fingers up while men in uniform are in the background.
The arrest of two engineering students sparked online conversation questioning the grounds of their offense.
It was reported that the students were arrested by the Waterfront Police Station personnel after taking a photo while flashing their middle fingers with the police in their background on Lapu-Lapu Street, Barangay San Roque, Cebu City on Sunday night.
Sought for a legal opinion, lawyer Amando Virgil Ligutan thought there were any possible criminal charges that the police can file against the students.
“Maybe a crime for ‘unjust vexation’ or ‘grave scandal’ but that is a stretch. It will set a dangerous precedent if students can be arrested for doing that,” he said.
“Not all acts that are deemed unacceptable are automatically considered criminal acts,” he added.
Diving to its depths, Ligutan said the offense cannot be a grave scandal citing that it is “required” that the act resulted in a public scandal.
“I don’t think that happened in this case,” he said.
As for the unjust vexation, Ligutan explained that this usually applies to acts committed against private individuals. He further explained that any act that causes “annoyance or embarrassment” to a person can be considered unjust vexation.
“But for our police officers to apply this against mere students is a bit excessive, isn’t it?” he said.
In line with this, Ligutan also stressed the extent that should there be no crime being committed at the time of the incident then the arrest can be considered as “invalid.”
Authorities stated that although they forgave the two students, they will follow due procedures and press charges against them.
Cebu City Police Office (CCPO) deputy director for operations, Police
Lieutenant Colonel Janette Rafter, claimed the actions of the two individuals were offensive, thus, she calls for respect from the people, not just for the uniformed personnel but for all others who are religiously performing their jobs.
“Maka-offend pud sa atong kapulisan nga naningkamot diha og trabaho, naningkamot pagduty para lang ma ensure nga safety ug secured ang tanan unya yaga-yagaan lang ta… Even siguro not with the policeman to siya gibuhat, medyo ma-offend gyud pud ang organization ug ang tawo pud nga naningkamot didto,” Rafter stated.
She added that they understood that the two individuals were just throwing jokes, but she asked them to position jokes appropriately so as not to offend someone and cause regret in the end.
“Atong pilion ang panahon kung kanus-a ta magyaga-yaga para dili ta magmahay ba…pirmi raba gyud ang pagmahay naa gyud na sa ulahi,” Rafter.
She added that although the two were forgiven, they would continue to file charges against them so that other individuals would not follow their actions.
“Atong mga kapulisan nipasaylo na gyud. Nipasaylo na. Nasabtan pud nila labi kining mga batanon. Kini mga estudyante but wala pud gyud tay mahimo kay naa man pud tay balaod,” Rafter said.
She hoped that this incident would be a lesson and a warning to everyone who tries to throw inappropriate jokes and actions at someone else. She added that they will take action on offenses done against their uniform and their personnel who are doing their jobs religiously.
“Let this be a warning for everybody not just the mga batan-on but for everybody… Siguro naman it’s not just for the police nga makabati og ingon ani bisan si kinsa nga tawo siguro nga nagatrabaho og tarong maoffend gyud ka,” Rafter added.
The arrested individuals are currently detained at the Waterfront Police Station and will face a case of unjust vexation for their actions.