No. Under DSWD-DOLE-DTI-DA-DOF-DBM-DILG Joint Circular No. 1, it identified the target beneficiaries of the SAP to be by general application. This means that the identification applies to all barangays, regardless of circumstances.Item VI, DSWD Memorandum Circular No. 4, Series of 2020; Item 5.7, DSWD-DOLE-DTI-DA-DOF-DBM-DILG Joint Circular No. 1, Series of 2020
Yes. Families with members who are senior citizens or those affected by the "No Work, No Pay" policy are qualified under the SAP. Furthermore, the SAP of the DSWD provides that household beneficiaries are to receive cash and non-cash subsidies under the Emergency Subsidy Program (ESP). However, under Item VII (A) of MC No. 4, the “cash assistance (Assistance to Individuals in Crisis Situation) shall only be given once a month during the quarantine period, and that beneficiaries who already received other assistance from other national government agencies are no longer eligible for the cash assistance.”Item VI, DSWD Memorandum Circular No. 4, Series of 2020
Yes. The beneficiaries registered in the Pantawid Pamilyang Pilipino Program (4Ps) of the DSWD are among the target beneficiaries of the ESP.
A policeman in the lawful performance of duty is justified in using necessary force to: secure and detain the offender; overcome his resistance; prevent his escape; recapture him if he escapes; and protect himself from harm (Cabanlig v. Sandiganbayan, G.R. No. 148431, July 28, 2005 citing People vs. Oanis, G.R. No. L-47722, July 27, 1943).
As a general rule, the police officer must first issue a verbal warning before he could use force against an offender(2013 Revised Philippine National Police Operational Procedures [hereinafter “2013 Revised PNPOP”], Rule 7.2).
The exception is in cases where threat to life or property is already imminent, and there is no other option but to use force to subdue the offender (Rule 7.3).
Imminent is defined as something impending to happen or is ready to take place.
Meanwhile, there is unlawful aggression when there is a real danger to life or personal safety. It is either an actual physical assault or a threat to inflict injury upon another. In People vs. Borreros (G.R. No. 125185, May 5, 1999), the Supreme Court held that “[u]nlawful aggression requires an actual, sudden and unexpected attack, or imminent danger thereof, and not merely a threatening or intimidating attitude x x x. Here, the act of the deceased of allegedly drawing a gun from his waist cannot be categorized as unlawful aggression.”
Imminent unlawful aggression means an attack that is impending or at the point of happening; it is neither a mere threatening attitude nor imaginary, but must be offensive and positively strong, like aiming a revolver at another with a clear intent to shoot (People vs. Olarbe, G.R. No. 227421, July 23, 2018).
No. A threat even if made with a weapon, or the belief that a person was about to be attacked, is not sufficient. It is necessary that the intent be ostensibly revealed by an act of aggression or by some external acts showing the commencement of actual and material unlawful aggression (US v. Carrero, G.R. No. L-3956, January 10, 1908).
Imminent unlawful aggression must not be a mere threatening attitude of the victim, such as pressing his right hand to his hip where a revolver was holstered, accompanied by an angry countenance (People vs. Nugas, G.R. No. 172606, November 23, 2011).
In a number of cases, the Supreme Court held that unlawful aggression disappears when the aggressor flees; retreats; falls down; or is disarmed, unless he struggles to regain possession of the weapon.
The law of self-defense is based upon reasonable appearance of imminent peril of death or serious bodily injury to the party assailed and, when that danger has passed and the attacker has withdrawn, the accused is not justified in pursuing and killing the attacker (Ateneo Law Journal, Vol. 9, pp. 131-132, citing Citing People vs. Calavagan, CA-G.R. No. 12952-R, August 10, 1955; People vs. Keys, 62 Cal. App. 2d 903, 145 P2d 589 (1944).
No. Florendo’s act of shooting Winston Ragos was not justified.
According to the Philippine National Police's Manual on Operational Procedures, in the event of a confrontation with an armed offender, a police officer should only apply necessary and reasonable force to overcome resistance put up by the offender; subdue the clear and imminent danger posed by him; or to justify the force/act under the principles of self-defense, defense of relative, or defense of stranger (2013 Revised PNPOP, Rule 7.5).
There was no valid act of self-defense due to the absence of unlawful aggression and reasonable necessity of the means employed to prevent or repel it.
Ragos’ act of drawing something from his sling bag, which gave an impression that he was drawing of a gun, cannot be considered an imminent act of unlawful aggression.
In addition, the reasonable necessity of the means employed to prevent or repel the aggression requires a reasonable proportionality between the unlawful aggression and the defensive response: the means employed by the person invoking self-defense contemplates a rational equivalence between the means of attack and the defense (People v. Obordo, 431 Phil. 691, 712 (2002) citing People vs. Encomienda, 150-B Phil. 419, 433 (I972)). The defensive response was not commensurate with the perceived aggression. The number of shots and the place where the bullet hit were not reasonable.
No valid act of fulfillment of duty because it exceeded the limitations of the performance of his duty.
The requisites of fulfilment of duty are:
A policeman is never justified in using unnecessary force or in treating the offender with wanton violence, or in resorting to dangerous means when the arrest could be effected otherwise (Cabanlig v. Sandiganbayan, G.R. No. 148431, July 28, 2005).
Florendo exceeded the limitations of his duty when he used excessive force in killing Ragos. Moreover, there were instances when Florendo could have subdued Ragos, such as when the Ragos was standing behind his back while Ragos’s arms were raised sideward or even during the act of shooting him by aiming at non-vital areas.
The Chapter 8 of the 2008 PNP Internal Affairs Service (IAS) Manual provides the following process for the filing of an administrative complaint against PNP Personnel:
Commencement of a Complaint
An administrative complaint may be initiated by filing a written sworn statement before any disciplinary authority or the IAS, accompanied by affidavits of witnesses, if any, other evidence in support thereof, and a certificate of non-forum shopping.
However, if the complaint is verbally made with the PNP, IAS, or the National Police Commission, the concerned agency shall assist the complainant in preparing his complaint-affidavit and other documents in support thereof.
In case of a letter-complaint, the evaluator shall require the complainant and witnesses to affirm their signatures appearing thereon and to execute affidavits to substantiate the complaint. The same shall be accompanied by a certificate of non-forum shopping.
A formal complaint may also be instituted based on an anonymous complaint provided that the allegations contained therein may be validated.
Evaluation of the Complaint
Upon receipt of the complaint, an officer shall be designated by the disciplinary authority concerned who shall conduct the evaluation of the complaint to determine whether the same shall be:
A recommendation by the evaluator to close or drop the complaint for lack of probable cause shall be approved by the disciplinary authority concerned or IAS.
If probable cause is found to exist which warrants the conduct of a summary hearing, the recommendation of the evaluator shall likewise be approved by the disciplinary authority concerned or IAS. When the authority to conduct pre-charge evaluation if delegated by the disciplinary authority to any of its Office[s], the approval of the said recommendation shall be made by the Head thereof.
Under Item C of Chapter 9, 2008 PNP IAS Manual, the respondent/s in the complaint may be placed under preventive suspension by the disciplinary authority concerned or the IAS upon motion of the complainant, at any time after a case is formally filed but before the presentation of complainant’s evidence is terminated, under any of the following circumstances:
The Department of Finance has extended the deadline for application for the SBWS until May 8, 2020. The program aims to give wage subsidies ranging from Php 5,000.00 to Php. 8,000.00 per month for each eligible employee of small businesses affected by COVID-19.
The eligibility requirements are found at: https://sites.google.com/dof.gov.ph/small-business-wage-subsidy .
|An employee who fulfills all of the following criteria is eligible:||The following employees are not eligible:|
Note: Priority will be given to employees who are BIR and SSS-registered and compliant with SSS and BIR regulations.
Note: Employees who have received a subsidy from the Department of Labor and Employment’s COVID-19 Adjustment Measures Program (CAMP) shall be eligible for only the first month of the SBWS in order to avoid duplication.
Details on where to apply are found at: https://sssinquiries.com/loan/how-to-apply-for-sss-calamity-loan/ .
Details from the SSS website are as follows :You can apply for an SSS calamity loan within three months after the SSS issues a circular on providing assistance to affected members. Submit the original copies of the following requirements to the Member Services Section of any SSS branch:
OFW members may assign a representative to file their SSS calamity loan application. SSS requires these additional documents from OFW-borrowers:
You can download the application form, Barangay Certification, and authorization letter here. For more information about the calamity loan, you may contact SSS through the following:
Per SSS website, the following SSS members are eligible to apply for Calamity Loan:
Member-applicants may apply by submitting their application forms through the SSS website or through the SSS mobile app using their My.SSS account once the SSS has opened the application.
According to the Revised National Police Operational Procedures; during police operations, officers are required to:
Hence, in order to avoid violence, individuals must comply with the instructions issued by the police and must clearly express that they have no intention to behave in a violent or threatening manner.
Generally, a person accused of a crime cannot be arrested without a warrant of arrest.
However, he may be arrested WITHOUT A WARRANT OF ARREST in the following cases:
Yes. “An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.”1 Application of actual force, manual touching of the body, physical restraint, or a formal declaration of arrest is not required. It is enough that there is an intention on the part of one of the parties to arrest the other and the intent of the other to submit himself, under the belief and impression that submission is necessary.2
In one Supreme Court decision, it was discussed that the term "invited" in the subject Affidavit of Arrest must be construed to mean as an authoritative command.31Rule 113, Sec. 2, Rules of Court
Under the Constitution, a person under arrest or detention is guaranteed the right to remain silent, the right to competent and independent counsel preferably of his own choice, and the right to be informed of such rights (collectively, “Miranda Rights”).1 In addition, no torture, violence, threat, intimidation, or any other means which vitiate the free will shall be used against such person.
These rights may not be waived unless made in writing and in the presence and assistance of counsel. Such rights are also available to persons under custodial investigation.21Sec. 12, Art. 3
Persons who violate these rights shall suffer civil sanctions in the form of damages1
and penal sanctions in the form of fine, imprisonment, or both.2 The Constitution also provides for compensation to and rehabilitation of victims of torture or similar practices, and their families, in violation of these rights.
Moreover, any confession or admission obtained in violation of a person’s right not to be compelled to testify against himself shall be inadmissible in evidence against him.31Civil Code, Art. 32
In Manila Bulletin Publishing Corporation vs. Victor A. Domingo,1 the Court reiterated that:
“fair commentaries on matters of public interest are privileged and constitute a valid defence in an action for libel or slander. The doctrine of fair comment means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed malicious, nevertheless, when the discreditable imputation is directed against a public person in his public capacity, it is not necessarily actionable.
In order that such discreditable accusation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred from the facts.”21G.R. No. 170341, July 05, 2017
YES, those who are under the SBWS Program may also be part of the benefits under DSWD SAP.
The Small Business Wage Subsidy Program, is a wage subsidy for affected employees of small businesses that are forced to stop operations, i.e. temporary closure or suspension of work (Category A); and that are allowed to operate a skeleton force (Category B or quasi-essentials).
The SAP consists of cash and in-kind subsidies to provide the basic needs of the affected individuals and communities during and after the implementation of the Enhanced Community Quarantine per DSWD-DOLE-DTI-DA-DOF-DBM-DILG Joint Memorandum Circular No. 1 series of 2020.
If the recipient of the SBWS program belongs to a family that qualifies for the SAP, then both benefits may be received. However, DSWD Secretary Rolando Bautista encourages recipients to avail only of one cash aid scheme.
The Government said that the target beneficiaries of SAP are families that belong to the poor or informal sector who are at risk of not earning during the ECQ, those who may have at least one (1) member belonging to any of the following sectors, per Item 5.7, DSWD-DOLE-DTI-DA-DOF-DBM-DILG Joint Memorandum Circular No. 1, series of 2020: