Authority to arrest not license to kill

Authority to arrest not license to kill "When are police officers justified in using their issued firearms in the performance of their duties?Marlon Dear Marlon,Generally, police officers are not required to use their issued firearms in the performance of their duties as law enforcers. There are, however, few exceptions. Under the 2013 Police Operational Procedure Manual of the Philippine National Police (PNP), police officers may use only necessary forces in the following: “Rule 7. Use of Force During Police Operations: (7.1) The excessive use of force during police operation is prohibited. However, in the lawful performance of duty, a police officer may use necessary force to accomplish his mandated tasks of enforcing the law and maintaining peace and order. x x x (7.5) Application of Necessary and Reasonable Force - During confrontation with an armed offender, only such necessary and reasonable force should be applied as would be sufficient to overcome the 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.”Similarly, under Section 2, Rule 13 of the Rules of Court, it is provided that “(n)o violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention.” As explicitly explained above, the use of excessive force by our police officers is always prohibited. Our law enforcers are justified in employing only necessary and reasonable force, like the use of their issued firearms, when required to overcome the resistance posed by the perpetrator, subdue the clear and imminent danger, and under the justifying circumstances of self defense, defense of relative and strangers, provided under Article 11 of the Revised Penal Code.Thus, in Cabanlig vs. Sandiganbayan (GR 148431, July 28, 2005), the Supreme Court, through the Senior Associate Justice Antonio Carpio, expounded: “A policeman in the performance of duty is justified in using such force as is reasonably necessary to secure and detain the offender, overcome his resistance, prevent his escape, recapture him if he escapes, and protect himself from bodily harm. x x x. However, 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 affected otherwise.”Likewise, in People vs. Ulep (GR 132547, Sept. 20, 2000, Ponente: Associate Justice Josue Bellosillo), the Court explained:“The right to kill an offender is not absolute, and may be used only as a last resort, and under circumstances indicating that the offender cannot otherwise be taken without bloodshed. The law does not clothe police officers with authority to arbitrarily judge the necessity to kill. x x x We cannot countenance trigger-happy law enforcement officers who indiscriminately employ force and violence upon the persons they are apprehending. They must always bear in mind that although they are dealing with criminal elements against whom society must be protected, these criminals are also human beings with human rights.”We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/