The legality of PNP anti-illegal drug campaign / Roshalane Jane B. Gabutan.
Material type:
TextPublisher: Cebu City : University of Cebu, 2018Description: iv, 131 leaves : illustrationsContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: This research determines the legality of "Oplan Tokhang" based on Command Memorandum Circular (CMC) 16-2016 and to answer the allegations that its implementation deprives a person of his right to life, liberty, and property. This is qualitative research. Primary sources of data (e.g. case laws) and the researcher made questionnaire were used for data gathering. The study concludes that the promulgation "Oplan Tokhang" and the basis of its issuance was a mere pronouncement of the President which is not pursuant to his statutory or constitutional rule-making power and dispensing with the publication requirement is a fatal defect because this violates the due process clause in a manner that the people are not apprised of the contents of CMC 16-2016. The Standard operating procedure in the conduct of "Oplan Tokhang" is tainted with irregularity as it infringes the rights under custodial investigation. The researcher recommends that the police officers should apprise the person of their custodial rights and to avoid encouraging or inviting people to surrender before the authorities.
| Item type | Current location | Call number | Status | Date due | Barcode |
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Thesis
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Periodicals | T G11le 2018 (Browse shelf) | Not for loan | 3UCBLL00008567 |
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Thesis (Degree of Juris Doctor) -- University of Cebu Banilad, 2018.
Includes references (leaves 100-105).
Summary: This research determines the legality of "Oplan Tokhang" based on Command Memorandum Circular (CMC) 16-2016 and to answer the allegations that its implementation deprives a person of his right to life, liberty, and property. This is qualitative research. Primary sources of data (e.g. case laws) and the researcher made questionnaire were used for data gathering. The study concludes that the promulgation "Oplan Tokhang" and the basis of its issuance was a mere pronouncement of the President which is not pursuant to his statutory or constitutional rule-making power and dispensing with the publication requirement is a fatal defect because this violates the due process clause in a manner that the people are not apprised of the contents of CMC 16-2016. The Standard operating procedure in the conduct of "Oplan Tokhang" is tainted with irregularity as it infringes the rights under custodial investigation. The researcher recommends that the police officers should apprise the person of their custodial rights and to avoid encouraging or inviting people to surrender before the authorities.
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