Name: FRAGATA, MYLES ZHEDRIC SERMONIA

Year: 2nd year BS- CRIMINOLOGY

Tittle: CHR-Negros says cops face charges for 'unlawful arrest'

Date published: August 7, 2017

1. Why do you think is there a violation on the right of the private individual?

For me, because he/she has a very good reason for doing so, a reason that is more important than
honoring the human right. Sometimes rights conflict with each other. It also takes away our freedom.
our freedom involves protecting what is ours, and our ability to make our own choices

2. What should the violators have done, in order for their conduct to be valid?

According to Republic Act 9165 Section 11: For illegal possession of a dangerous drug, it must be shown
that: (1) the accused was in possession of an item or an object identified to be a prohibited or regulated
drug; (2) such possession is not authorized by law; and (3) the accused was freely and consciously aware
of being in possession of the drug. There were also the guidelines that arresting officers should follow to
ensure that the integrity and identity of the seized drugs in buy-bust operations have been preserved, the
procedure for custody and disposition of the same is clearly delineated under Section 21 of R.A. No.
9165, as amended by R.A. No. 10640. Seized or confiscated dangerous drugs and other paraphernalia
should be in the custody of PDEA. Photograph and inventory should be done in front of the accused, legal
counsel, elected official and/or the media they should be given a copy of the said signed inventory.