CHR to look into alleged warrantless arrest, maltreatment of Grab driver in Taguig
MANILA, Philippines — The Commission on Human Rights is set to probe the allegations of assault by a Grab driver in Taguig City and, it said in a statement Thursday, "investigate if there was a disregard of the due process of law."
The Grab driver said a police officer, out of uniform at the time, hit her with a car door and later arrested her after telling him to move his vehicle.
"We remind law enforcement agents to uphold their own standard protocols in conducting arrest and to be mindful of the legally allowable force to control someone who physically assaults an officer. If there is proven abuse of authority, appropriate complaints will be filed before the PNP-Internal Affairs Service and the Office of the Ombudsman to hold the erring official accountable," the commission's statement reads.
"The 1987 Constitution guarantees that any person under investigation for the commission of a crime or offense 'shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice,'" it also says.
Driver calls on Grab to intervene
This comes after Grab driver Floreanne Rivera Norial on Tuesday, October 6, posted a video of the ordeal on her personal Facebook account and called on Grab Philippines to intervene.
"He pushed me back with his car door and I fell into the bushes. After I slapped him out of self-defense, he turned things around and said I hurt him first," her post reads in Filipino.
The video also shows that Norial was not read her Miranda rights before her supposed warrantless arrest. The police officer later blocked the doorway at a Starbucks branch, barring Norial from leaving.
"No. I won't let you go," he is heard telling her.
"I am Police Captain Ronald Saquilayan, and I am arresting this woman for hurting me," the cop in plainclothes also said in the video, after which Norial's bruises are also shown on camera.
What couple says happened
Philstar.com has reached out to Police Brig. Gen. Emmanuel Peralta, Southern Police District director, for comment. He has not responded as of this post.
In a separate post, Mirza Miguel Shahzad, Norial's boyfriend, said that around 6:50 pm to 7:20 pm that night, Norial and her passenger were behind a Ford Ranger at a pick-up and drop-off point.
After attempts at getting the driver's attention, Norial stepped out of her car to knock on the vehicle's window, at which point he "opened the door suddenly and forcefully as to push her and knock her down to the bushes beside the driveway which resulted for her to get bruises in her hands and legs."
"She got up and slapped the said driver of the Ford Ranger for doing that to her. The Ford Ranger’s driver then declared he was a police officer as he was not wearing uniform," he wrote.
"He then forced her to the walls outside of Starbucks to cuff her as he asked his daughter (who was inside the Ford Ranger) to get his handcuffs."
Shahzad said that after being brought to Taguig City Police Station 4 police sided with the plainclothes cop and did not bother to hear them out. Cops claimed that Norial "almost destroyed his window" when knocking.
"I decided to video the said conversation and tried to capture his Ford Ranger to see that there is no damage but I was stopped and told that they would cuff and arrest me if I insisted on doing so."
What are the charges?
GMA News Online cites a police report from the Southern Police District as saying Norial faces a complaint for alarm and scandal, direct assault and alleged violation of Article 151 (Resistance and disobedience to a person in authority ) of the Revised Penal Code.
At around 9 p.m., Norial's boyfriend wrote, the station chief summarily slapped a "police disobedience" charge on the Grab driver. Only then was she read her Miranda rights.
Shahzad said that he was "shocked on how they would abuse the word 'arrest' in every move you would commit that would not even harm them."
One source within the national police who refused to be named said that Rivera can file a complaint with her video as her evidence, which she can present to the police's complaint desk.
PNP: Case already being looked into
CHR in its statement added that it "reached out to the family of the victim and will also maintain constant coordination with the authorities to give light to the case."
An article by the Manila Bulletin quotes Police Col. Ismael Yu, PNP spokesperson, as saying: “The Chief of Police of Pateros has the discretion to conduct an investigation. I believe that this is already being looked into at the Pateros police station level."
Grab Philippines in a statement also said that it intended to provide bail assistance for Norial's release.
"We have received reports regarding one of our driver-partners who was detained after allegedly disrespecting a police officer. The safety and welfare of our driver-partners remain top priority for us at Grab," Grab said in a statement.
"We are currently coordinating with the family of our driver-partner, and we will provide bail assistance for her immediate release," it added.
This is a developing story. Check back for updates.
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