Dear Atty. Angela,

My niece was apprehended during a buy-bust operation and when she resisted, the police officer and his colleagues used unnecessary force to restrain and arrest her, with one of them punching her face, kicking her knee and kicking her abdomen. This is an unacceptable handling and treatment of suspects even if they claim that they are doing their work. Can these abusive police officers be penalized for their abusive acts?

Lita

Dear Lita,

A complaint against the police officers should be filed before the National Police Commission (Napolcom) for physical abuse. She should present a medical certificate reporting the injuries she sustained following the arrest.

The Supreme Court has recently ruled in Besmonte v. Napolcom-NCR, G.R. 260148 (3 April 2024), a case for physical abuse against a police officer, that the force employed against the suspect was excessive where without explanation the police officer had to punch and kick the person’s groin area.

The Court stressed that the police officer should be more circumspect in following the operational guidelines of the Philippine National Police on the use of reasonable force. In accordance with the PNP guidelines, he should have considered the number of aggressors, the nature and characteristics of the weapon used, physical condition, size, and other circumstances.

The Court concluded with a reminder that it does not condone the indiscriminate use of force by police officers against persons under arrest. The Court emphasized, “We no longer live in a society where might is right and the lives of the people are at the mercy of the whims of those in positions of power. No less than the Constitution sanctifies the principle that public office is a public trust, and enjoins all officers and employees to serve with the highest degree of responsibility, integrity, loyalty and efficiency.”

Atty. Angela Antonio