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Legal Dispute Over UP Arrests

Lambino is found not guilty of any wrongdoing for opposing the warrantless arrest of two students by the NBI, as she was protecting the students' rights. Dizon is reprimanded for violating the Code of Professional Responsibility by trying to make an arrest without a warrant, as the NBI Charter requires arrests to be made in accordance with existing laws, which mandate arrests be made with a warrant. While the NBI has powers of investigation and arrest, this does not grant them power to make warrantless arrests. By persisting in attempting a warrantless arrest, Dizon failed to uphold the constitution and promote respect for legal processes.

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Macky L. Delos Reyes
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316 views2 pages

Legal Dispute Over UP Arrests

Lambino is found not guilty of any wrongdoing for opposing the warrantless arrest of two students by the NBI, as she was protecting the students' rights. Dizon is reprimanded for violating the Code of Professional Responsibility by trying to make an arrest without a warrant, as the NBI Charter requires arrests to be made in accordance with existing laws, which mandate arrests be made with a warrant. While the NBI has powers of investigation and arrest, this does not grant them power to make warrantless arrests. By persisting in attempting a warrantless arrest, Dizon failed to uphold the constitution and promote respect for legal processes.

Uploaded by

Macky L. Delos Reyes
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Facts: There was a killing on a rumble happen in UP on 1994.

. The then Chancellor of UP(Posadas) seek the help of the NBI. Responding on Posadas request, Atty Dizon the head of Special Operation Group of NBI arrived. Atty Dizon acted to arrest the two student-suspect in the said incident. However, Atty Lambino(legal counsil of UP Diliman) refused and object the arrest alleging that the arrest is illegal due to lack of warrant. Atty Dizon claims that it is under the NBI charter to make warrantless arrest. Thus, this a review for a complaint against Atty Lambino for opposing the arrest. And a complaint against Atty Dizon for making warrantless arrest. Issue: Whether or not Lambino committed an error for opposing the arrest by the NBI Whether or not Dizon commited an error for arresting without warrant Held: (1) Lambino is not guilty of any acts of abuse. Investigating Commissioner Siegfrid B. Mison recommended the dismissal of the complaint against Atty. Lambino in light of a finding that she acted within her official duties as she safeguarded the rights of the students in accordance with the schools substitute parental authority and within the bounds of the law as the NBI agents had no warrants of arrest. (2) Yes. With respect to the complaint against Atty. Dizon, the Commissioner recommended to reprimand him for violating the Code of Professional Responsibility in recklessly tr[ying] to arrest the suspects without warrant.

It is held that the objection of the said UP officials to the arrest of the students cannot be construed as a violation of P.D. No. 1829, Sec. 1 (c) without rendering it unconstitutional,[2] they having a right to prevent the arrest [of the students] at the time because their attempted arrest was illegal.[3]

In the main, Atty. Dizon invoked Section 1 (a) of Republic Act 157 (The NBI Charter) which empowers the NBI to undertake investigations of crimes and other offenses against the laws of the Philippines, upon its own initiative and as public interest may require[5] and to make arrests. The invocation does not impress. Said section does not grant the NBI the power to make warrantless arrests. The NBI Charter clearly qualifies the power to make arrests to be in accordance with existing laws and rules.
Members of the investigation staff of the Bureau of Investigation shall be peace officers, and as such have the following powers: (a) To make arrests, searches and seizures in accordance with existing laws and rules.[6] x x x x (Emphasis supplied)

By persisting in his attempt to arrest the suspected students without a warrant, Atty. Dizon violated Rule 1.02 of Canon 1 of the Code of Professional Responsibility which provides:
CANON 1 A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. xxxx Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. (Emphasis supplied).

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