000			02001nam a22002657a 4500
003			OSt
005			20190715094515.0
008			190608b xxu||||| |||| 00| 0 eng d
040			_aUniversity of Cebu-Banilad _cUniversity of Cebu-Banilad
100			_aGabutan, Roshalane Jane B.
245			_aThe legality of PNP anti-illegal drug campaign / _cRoshalane Jane B. Gabutan.
260			_aCebu City : _bUniversity of Cebu, _c2018.
300			_aiv, 131 leaves : _billustrations ;
336			_2rdacontent _atext
337			_2rdamedia _aunmediated
338			_2rdacarrier _avolume
501			_aThesis (Degree of Juris Doctor) -- University of Cebu Banilad, 2018.
504			_aIncludes references (leaves 100-105).
520			_aSummary: 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.
541			_xBaldomero Estenzo _yLaw _zLaw
546			_aEnglish
942			_2ddc _cTHE
998			_cJanine[new] _d06/08/2019
999			_c10228 _d10228