Lawyer claims Makati cops didn’t follow protocol in bar arrest; cops maintain regularity of arrest

MANILA, Philippines — Makati policemen did not follow basic protocol when it arrested about 100 individuals in a high-rise bar in Salcedo Village in Makati City, a lawyer for one of those arrested said.

Lawyer Fudge Tajar said on Monday the policemen who arrested her client did not read to them their Miranda rights and did not inform them of their violation when asked.

“Walang pagbasa ng Miranda rights sa mga kliyente namin, kapag tinatanong bakit sila hinuhuli, ang sagot, ‘Basta.’ Nag-imbento ng kwento na may lecture lang daw sa presinto at hindi sila under arrest at pinakalat sa media na may ‘sayawan at party’ raw na naganap,” she wrote in her Facebook post.

(The policemen did not read the Miranda rights. When asked why our clients were arrested, they just replied “Basta.” They fabricated a story that they are taking our clients to a lecture at the precinct, and that they are not under arrest. They are also spreading to the media that there had been dancing and party that took place.)

“You will allow limited dine-in capacity to help the economy, pero huhulihin n’yo naman ang customers?” Tajar added.

https://www.facebook.com/fudge.tajar/posts/10158798503416842

Speaking to INQUIRER.net, Tajar said her client is considering filing counter charges against the arresting officers for not following basic protocol, and for preventing arrested individuals from initially speaking to their lawyers on Sunday night.

She revealed that as of writing time, the arrested individuals are still detained at a covered court in Makati Police station, waiting for the filing of charges against them.

Police earlier said the individuals could face charges for alleged violation of Republic Act 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act.

However, Tajar said RA 11332 is not applicable to her client’s case. The arrested individuals, she further claimed, did not resist arrest but “merely questioned why the police officers are bringing them to the police station.”

“Asking questions especially if you are being arrested without proper protocol is not non-cooperation. They are also not identified as having the disease,” she told INQUIRER.net in an online interview.

Tajar said her client may file charges of unlawful arrest and gross misconduct to personnel of the Makati police.

“I still need to confirm with my client but administrative cases of gross misconduct (against) the PLEB and NAPOLCOM would be prioritized,” she said.

Video evidence

On the part of the Makati Police, Maj. Gideon Ines, chief of the city police’s investigation unit, belied the claims of Tajar’s client.

Ines said he himself was present during the arrest and that he personally informed the alleged violators of their offenses, before they were told that they will be taken to the police station.

“Hindi po totoo yan. Andoon ako, gamit ko ang mic at nainform ko sila na dadalhin ko sila sa police station at inform of their violation,” Ines told iNQUIRER.net in a text message.

(That’s not true. I was there myself and I informed them of their violation and that they are being taken to the police station.)

“Kita naman sa video na nag-iinuman sila, dikit, crowded ang area at walang protocol ang establishment sa social distancing,” he added, referring to a video obtained by police of the situation inside the bar before cops swooped down on it.

(It could be seen in the video that they are drinking and the area was crowded and the establishment does not have a protocol on social distancing.)

EDV