Res Gestae
Politics versus Police Operational Procedure
A bickering between a politician and a police officer always makes "big" news. I say 'big news' not 'newsworthy' because the issue is rather passé. Archaic. Stereotyped.
The recent incident involving Police Chief Inspector Leroy Rapiz and a political clan in Sara, Iloilo is one typical example of an outmoded issue that made it big to the local media.
As I write this article, I have not heard yet of Rapiz commenting or rebutting the accusations made against him by the Salcedos. The Salcedos, on the other hand, have entertained several interviews with the media, giving them the leeway to air their versions of the alleged 'conduct unbecoming' (Liga ng mga Barangay-Iloilo president Jeneda Salcedo calls it 'unsavory conduct') vis-à-vis illegal operations of Rapiz and his group. With Rapiz's silence, I am certain that this 'trial by publicity' is scoring against him.
The dispute sparked from the checkpoint operations conducted by the 608th Iloilo Provincial Mobile Group led by Rapiz. The operation was allegedly sanctioned by Iloilo Provincial Director, Police Senior Superintendent Ricardo T de la Paz, following reports of armed men roaming at the 5th district.
Granting, however, that there was no order from de la Paz, will it render the operation illegal? We'll answer it later. (Issue #1)
In the report of one local daily (not this paper), it was stated that "among other things, the Salcedos allegedly got irked after the said cop conducted a checkpoint, which allegedly singled them out." Is this allegation tantamount to a violation of their rights as motorists? Did the act constitute partiality in the enforcement of the law? We'll answer it later. (Issue # 2)
Also in the said report, former Sara ABC (Association of Barangay Captains) president Elpidio Aspera said that "the armed group of Rapiz did not coordinate with the local police or the local government unit" in conducting the checkpoint operations. Is his contention tenable against Rapiz and his group? We'll answer it later.(Issue # 3)
I am deferring the answers to those issues which concern the observance of Police Operational Procedure on the conduct of checkpoint, to allow me to advance some issues which can be tackled in the sequel of this article.
The same report in one local daily stated, among others:
"It must be noted that the current mayor of Sara is also Neptali's wife while the Liga ng mga Barangay chairman in Iloilo Province is his daughter, Jeneda." What does this report mean? A warning?!? Will the case be different should the Salcedos are not politicians? Uhuh..?!?
Quoting Aspera relative to Rapiz's operation against illegal gambling (tong-its), the report said, "Wala man to sila may nadakpan. Pagkatapos sadto, ang tag-iya sang tyangge, hinambalan niya nga mapungko kag ginkuhaan picture. Amo na to gali ang ebidensya nya nga mga nagahampang sang tong-its… Maski patu-pato lang to ang iya, gindala niya gid to sa korte ang tag-iya sang tiangge kag ginkasuhan… Amo lang na dakpon mo, madala ka gid tatlo ka mobile (police vehicles)". Reading his lines, I could mistake Aspera to a Judge of Court. Oops, I forgot to ask, is Aspera a lawyer?
Aspera went on saying, "Siya man lang na diri ang nagatuga sang gamo. Malinong ang Sara 'ya siya lang ang nagapagamo." I say, sometimes a peaceful place does not mean a secured place. Or, let me put it this way, it takes one like Lozada to make people aware that a scam (probably) took place in the NBN ZTE deal. Had the checkpoint operation of Rapiz and his group turn positive with the arrest of armed men (read: goons), would it not reveal something of Sara?
And here goes Aspera's statement that painted a smile on my face, "Si Rapiz na, mayo na guro nga ipadala sa iban nga lugar. Mapuslan na to sya sa Mindanao. Masyado nga daan kapisan nga maski tong-its iya pa na gina-raid. Mapuslan gid na 'to siya kay sa kapisan niya basi mapapas niya didto ang mga MILF kag Abu Sayyaf." Here goes the old song… a cliché of (traditional) politicians. Don't you feel the "threat" between the lines? It is a political jargon that withholds the country's police force from advancing its reforms… from pushing harder its anti-criminality and anti-insurgency campaigns. No wonder, lots of (well-performing) police officers love the song "Release Me" (from the control and influence of the Local Chief Executives).
I hope the reporter of that local daily did not misquote Aspera. And, I encourage Rapiz to come out to the open and speak of the truth, as he 'always' does.
Now, on the parameters in the conduct of police checkpoints in response to the allegations, nay accusations, made by the Salcedos.
I researched on the procedures in the conduct of checkpoint and asked some 'authorities' to shed light on the issue. These are the results of my research:
The Revised Police Operational Procedure Rule 25 (composed of 8 sections) provides the guidelines on the conduct of checkpoints. However, I will not discuss the details of these provisions here; otherwise, this column will be occupying a lion-share of this page. I will only answer those questions, which I left hanging, relative to the allegations of the Salcedos against Rapiz's holding of checkpoint.
Section 2 (a) of Rule 25 defines police checkpoint as "a location where the search is conducted which is duly authorized by the PNP to deter/prevent the commission of crimes, enforce the law, and for other legitimate purposes."
In view of this definition, checkpoint operation conducted by Rapiz's group was legitimate since it was established to possibly apprehend the armed men allegedly roaming at the 5th District. Is the Municipality of Sara in the 5th District? It is. And, if the report were true, the residents in the said town are probably in danger with the presence of armed men. Hence, Rapiz's intention in conducting the said checkpoint was legitimate.
Granting, however, for the sake of argument that Rapiz's group acted without an order from de la Paz, it is my conviction that the operation remains legitimate, it being inherent in police functions.
Checkpoint is one of the most basic operations that a police unit does to ensure the place is safe from any threats. Besides, Rapiz's group operated within their area of responsibility, unless the 5th District is outside the jurisdiction of 608th IPMG. This answers issues #1 and #3.
On issue #2 where the Salcedos found themselves being singled out in the checkpoint operation, I have this conviction that the same will not hold water in declaring the operation illegal vis-à-vis impartial.
Section 4 (c) of the POP provides among others that the conduct of searches, seizures, and arrests in checkpoints shall be conducted in a manner that is least inconvenient to the public.
A friend of mine, who is a Police Superintendent, explained to me that in conducting checkpoint, the operating elements must not necessarily stop all motorists and conduct a search. It is enough that, according to their discretion, they stop vehicles which they find suspicious or possibly a carrier of contraband or persons of suspicious identities.
With the aforesaid premise, I presume Rapiz's group may have acted on the said circumstance when it stopped Salcedo's car for a search. I also presume Rapiz's group was not familiar with Salcedo's car, otherwise it had decided differently. But, granting it had recognized that it was Salcedo's, would the act of stopping the said motorists at checkpoint unreasonable? No one is above the law. And an impartial police officer knows that. Are the Salcedos aware of that? I am sure, they do.
Well, I don't want to miss, however, that the POP demands police officers manning the checkpoint to accord due courtesy to the traders, motorists, and the commuters. Inspecting elements must greet the people subject for inspection and ask apology for the inconvenience, appeal for understanding and state the reasons of the operation. A little smile while doing these things spells a big difference. After the search, a word of gratitude/appreciation for their cooperation is a must.
It made me think then, didn't Rapiz or any of his men offer a smile to the Salcedos when the search was made? If they didn't, the case proves that, indeed, a smile spells a big difference.
Reminder: MAMANG PULIS / ALENG PULIS, SERBISYONG MAY NGITI!
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