Friday, April 17, 2009
Political and Human Rights Violations in the Ted Failon Case
I have long been an advocate for citizens suing for millions in damages against the police or military for violation of constitutional rights. In the recent case of Ted Failon's wife's suicide, the police rounded up the three domestic helpers and the driver of Failon, and including Ted's sister-in-law for a police "invitation" to Camp Karingal. In the height of insensitivity, the police investigators went to the ICU at about 8pm to fetch the sister-in-law of Failon (actually, the sister of Trina, the wife who was in the ICU). A brother of Trina and Pamela, tried to keep Pamela in the hospital ICU but was instead handcuffed for obstructing justice. Notice, that the family of Failon nor that of his wife, did not push for the investigation in that manner. Which is unusual for Philippine police who are known to sit on cases, as a general practice. But what caught my attention was that haphazard way the police "invited" these people. I venture that: 1. the 'invitation' is already a part a custodial investigation therefore, they should be mirandized and counsel must be present. 2. Warrant of arrest should have been issued before rounding them up because this no longer a "hot pursuit." 3. Acdg to RA 7438 and People vs de los Reyes (1999), an 'invitation' is already part of custudial investigation. 4. That being so, the police violated their political and constitutional right, and these servants and driver, and the brother and sister of Trina, should file administrative, civil, and criminal cases against the police with claims amounting to millions of pesos as damages. 5. Without these cases and damages, the police will always trample our rights because they always get away with it. Where is the Commission on Human Rights? Do you need a formal complaint? Don;t you have your own investigative powers, when in plain view, on broadcast TV, the rights of these helpers and relatives of Trina are being violated? Summon that police right now.