here is my story today.
I thought that reading the counter-affidavit and the latest motion submitted to the court was enough to be prepared for the hearing today that is why I spent my time last night reading RA 9344 for my soon lecture in coordination with 4th coy.
Kuya Cesar fetch me around 6:20 A.M but I was ready to go as early as 6 because I woke up at 430 A.M. The parties represented reached RTC 18 at Digos earlier than we did. My agenda their is to have the accused arraigned so that double jeopardy will attach and submit the motion to dismiss with finality for resolution. Surprise! Technically, I accomplished nothing but only had the case reset on Feb. 26, 2015 because of E.O. 106 particularly Sec. 4 thereof. We have to secure first a certification from the CO of our clients embodying compliance of said order. What I could count as a blessing is the lawyer who offered me a copy of E.O. 106 so that I could make the necessary manifestation.
Today is also Kuya Abu's hearing before Branch 3 and he told me that Judge Alano looked for me. I was expecting that his case would be dismissed today but what happened was he was scheduled for arraignment next hearing. The case would still be dismissed because of the favorable resolution by the Regional Prosecutor reversing the finding of probable cause by the City Prosecutor and it gave a directive to the latter to withdraw the Information filed. Again, the arraignment is for the accused's benefit that is for double jeopardy to attach.
Executive Order No. 106, s. 1937
Posted on August 24, 1937
MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 106
PROMULGATING RULES AND REGULATIONS GOVERNING ARREST OF OFFICERS AND ENLISTED MEN OF THE PHILIPPINE ARMY.
Pursuant to the authority vested in me by the Constitution and by the laws of the Philippines, I, Manuel L. Quezon, President of the Philippines, and Commander-in-Chief of the armed forces thereof, do hereby issue and promulgate the following rules and regulations governing arrest of officers and enlisted men of the Philippine Army:
1. Officers and enlisted men of the Philippine Army are subject to the general laws of the land and to the ordinances of the city or municipality in which they may be, and shall be liable to arrest for offenses committed in violation thereof.
2. Any officer or enlisted man of the Philippine Army charged with violation of the penal laws of the Philippines or of violation of city or municipal ordinances, for whose arrest a warrant has been issued, shall be arrested by his commanding officer or any officer in command of the nearest Army post, who shall forthwith bring the offender before the justice of the peace or officer issuing such warrant to be dealt with as the law directs.
3. (a) Any officer or enlisted man of the Philippine Army who commits a crime or any offense punishable under the laws of the Philippines or under any city or municipal ordinance, in the presence of a commissioned or commissioned officer or another enlisted man, shall be arrested by the latter and delivered within the period of six hours to the judge or justice of the peace having jurisdiction over the offense to be dealt with according to law.
(b) If the crime or offense is committed in the presence of both Army and State Police authorities, the arrest of the offender shall be effected by the Army authorities present who shall forthwith deliver the offender to the judge or justice of the peace who has jurisdiction over the case.
(c) If the crime or offense is committed in the presence of a member of the State Police, the State Police authorities shall effect the arrest and deliver the offender to the nearest Army authorities, or if there be no Army authorities in the city or municipality, to the competent judge or justice of the peace to be dealt with according to law.
(d) If neither Army nor State Police authorities are present at the time the crime or offense is committed by a member of the Army the arrest shall be effected by either the Army or the State Police depending on which one arrives first at the scene of the commission of the crime. If the State Police effects the arrest in these cases, the provisions of the next preceding paragraph shall govern.
4. In case the judge or justice of the peace will bind over any officer or enlisted man under arrest to answer a criminal charge and such officer or enlisted man shall fail to give bail, the person so in custody shall be delivered to the provincial commander or to the commanding officer of the accused for safe-keeping and shall so remain until acquitted or convicted on final judgment by the court. It shall henceforth be the duty of such officer or provincial commander safely to keep and produce the prisoner before the proper court at the proper time. If necessary for the safe-keeping of the prisoner, he may be committed to the provincial jail or to the Bureau of Prisons at Manila by the officer aforesaid.
5. The foregoing regulations shall not apply to reserve officers or enlisted men who are not on active duty status in the Philippine Army.
6. No subpoena directed to any officer, enlisted man, or civilian employee in the Army of the Philippines shall be served on any military reservation, or training camp, or barracks without delivering a copy of such subpoena to the commanding officer thereof.
Done at the City of Manila, this twenty-fourth day of August, in the year of Our Lord, nineteen hundred and thirty-seven, and of the Commonwealth of the Philippines, the second.
(SGD.) MANUEL L. QUEZON
President of the Philippines
By the President:
(SGD.) ELPIDIO QUIRINO
Secretary of the Interior
I wonder if there is another law embodying the same provisions with the PNP personnel as the subjects thereof.
By the way, I am already officially enrolled for the Real Estate Broker Licensure Exam Review which will start on Feb. 28. I hope my tatay will not react negatively if I'll miss the review class on March 1 to accommodate a speaking engagement with the T'boli MPS men and some troop members of 4th coy as audience. It would just be a one-hour lecture therefore I am doomed to choose the most important topic that a police officer must know. May God give me wisdom on this :-)
My commitment to conduct a regular (monthly) lecture to 4th coy would be delayed for the next three months because of my licensure exam on May 24.
It must be the last exam that I will take so that I could focus on the PNP ministry :-) Starting on June, I will compile all circulars pertaining to the welfare of the PNP personnel and read them all religiously.
Just this week, I communicated my acceptance to the invitation to be a part of the Battalion Advisory Council and I was told that they will just notify me as to when shall be the oath-taking. It seems that I am already a dot in the map of the PNP and I'll just have to enjoy and grab said privilege for whatever the Lord intends to do with it.
All I have for all of these is the HEART and I trust God to provide the skills and wisdom I need to effectively carry out what were placed in my hands.
When He leads, He gives
When He guides, He provides
Here are some of the pictures I took while travelling:
the last 2 pictures were taken inside 1002nd Brigade, Camp Agaad
Watch out for my Feb 14 story, as if I have something to share hehe
who knows
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