Invited For Questioning, A Dear Pao Article

[Call me bubba]

the dear pao articles in the manilatimes are very informative

which is why I post some of her Q&A that is published

some articles have relevancy to our stay or well-being while living in the Philippines

hope that this article can be of use. 

 

Dear PAO,
My uncle was invited  by police officers to the police station.

When he refused, they threatened him with law suits because of his refusal.

May I ask if a person may legally refuse the invitation of police officers to the police station?
Sancho

 

Dear Sancho,
A person may refuse the invitation from police officers to go to the police station.

There is no law or rule that obliges a person to assent to such invitation saving instances where the police officers are armed with a warrant of arrest.

In such a case, however, although the police officers may use the word “invitation,” they are not really inviting a person but rather enforcing the order of a judge to take a person in custody.

 

Note though that the invitation itself is not illegal.

It can be safely assumed that the main purpose of police officers in inviting a person to the police station is to ask questions concerning an alleged crime.

Viewed in this light, the invitation is made in connection with the mandate and duty of police authorities to investigate a crime.

Hence, a person may freely go with the police officers and cooperate with them should he choose to do so.

Still, caution must be observed when acceding to police invitation.

No less than our Supreme Court recognized that there are cases where the invitation is used as a guise to effect a warrantless arrest. This situation arises when the person invited is suspected and investigated as perpetrator of the crime and is asked incriminating questions. I

n one case where a person went to the police station upon invitation, and later police officers investigated him for allegedly committing a crime,

our Supreme Court declared that such invitation is equivalent to arrest. It is covered by the proscription on a warrantless arrest because it is intended for no other reason than to conduct an investigation (People vs. Olivares, G.R. No. 77865, December 4, 1998).

 

Thus, it is highly advisable to ask assistance from a lawyer when acceding to police invitation in order to ensure that your legal rights are respected.

The same is also intended to protect the person from the inherently coercive psychological, if not physical, atmosphere of a police investigation following the arrest of a person (People vs. Rodriguez, G.R. 129211, October 2, 2000).

 

 

http://www.manilatimes.net/when-one-is-invited-to-the-police-station/95488/

[jon1]

If they want to interview you, why solicit an "invitation"? The could easily meet you at your residence and question you like any 1st world investigator would. Oh wait, I forgot, it's the Phil and a no logic zone.. This is good info and I think that this tactic stinks to the heavens. Too easily to be abused as the SC ruling suggests.

[Thomas]

If 20 000p don't depend of they count average damaged by the few, who earn extreemly much,

perhaps it depend of they DON'T count per "family", but PER HOUSEHOLD.  In some poor households there are more than one what we foreigners call separate "family".   E g in one household I know live THREE families:

/Parents and almost all of their 12 children still live there

/one of the sons live there WITH WIFE AND KIDS

/and one other son live there with gf and one baby.

 

That's the only "family" I know with 3 in same home, but I know many with 2 in same.