MANILA, Philippines — The Commission on Human Rights is now looking into possible violations by personnel of the Philippine National Police in the conduct of their arrest of community doctor Natividad Castro, it said Monday.
Speaking in an interview aired over ANC, newly minted CHR chairperson Leah Tanodra-Armamento conceded that the arrest was valid due to the warrant issued by a court, but said that its execution left much to be desired.
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"What we are looking at is the way they conducted the arrest...There is an allegation that some [officers] are not in uniform, they were not properly identified. And then the force deployed is more than what is required...So we are looking into this, whether our arresting officers followed the rule of procedure," she said.
"We can file charges, administrative or criminal, against erring police officers, the team [who caught her]."
What do the PNP's rules say?: Under the PNP’s 2021 Revised Police Operational Procedure, arresting officers are duty-bound to identify themselves and show proper identification; deliver without delay the accused to the nearest police station and ensure that the person arrested is informed of his/her rights to counsel.
"No violence or unnecessary force shall be used in making an arrest, and the person to be arrested shall not be subjected to any greater restraint than what is necessary under the circumstances," the Revised Operational Procedures of the PNP read.
"In serving the warrant, the police officer should introduce himself and show proper identification... If the person arrested so requires, the warrant shall be shown to the arrested person as soon as possible," Section 13.5a outlining procedures for serving arrest warrants reads.
To recall, Castro was arrested in her home in San Juan over the weekend on charges of "kidnapping" and "serious illegal detention."
According to the Free Legal Assistance Group, arresting officers denied Castro her hypertension and diabetes medications and refused to furnish them a copy of the arrest warrant.
The 52-year-old was also denied access to her family or counsel, and transported without notifying her family or counsel.
Should these allegations prove to be true, the CHR said, arresting officers are not only liable for violation of PNP’s operations procedure, but also in violation of the rights of persons arrested and detained under Republic Act No. 7438.
Chilling effect: If the CHR in its investigation discovers breakdowns in protocol, would these be enough to prompt Castro's release from detention?
"She's already under the jurisdiction of the court, so the CHR cannot intervene on that. It is subject to the court's discretion," Armamento said.
In a separate statement issued later Monday, the Commission on Human Rights also held issue with the amount of media mileage it took for the PNP to act on complaints.
"It was only after significant media coverage, national attention and messages of support from members of the public did the Philippine National Police finally decide to reveal the whereabouts of the accused to her legal counsel and to CHR investigators," the commission said.
"This incident sends a chilling effect not only to community workers, but also to doctors serving in rural areas engaged in development work, in line with their Hippocratic Oath, to do what’s best for their patients."