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PNP PERSONNEL

INVOLVED IN

ILLEGAL

ACTIVITIES
TWO MORE PNP
OFFICERS CHARGED
WITH RAPE

(LEA 1)
Submitted by: Carmela S. Telo

Submitted to: Pat. Jhedelbert Dela Cruz

Name of accused:

PO1 Jayson Portuguez y Cudiamat and PO1 Severiano Montalban III

Two more PNP officers charged with rape

After coming under fire for a suspected "rape culture" among its personnel, the Philippine

National Police (PNP) has apprehended another set of erring officers who reportedly molested

their suspects.

A police report detailed the arrest of PO1 Jayson Portuguez y Cudiamat and PO1 Severiano

Montalban III who allegedly extorted sexual intercourse from a female suspect in exchange for

her release.

The victim, who hide by the name "Maria", along with five female companions, were

apprehended by the officers in question on November 2 in the Novaliches Plaza Mall for alleged

violation of Presidential Decree 1602 or for "illegal gambling."

Maria was transferred to the Quezon City General Hospital for medical examination where she

pleaded the officers to let her go. PO1 Montalban replied that he would release her if should
would have sexual intercourse with him, to which the victim agreed. According to Maria's

testimony, she was brought to a dark portion of the hospital where she engaged in sexual acts

with Montalban and Portuguez.

Maria reported the incident to the Regional Women and Children Protection Desk (RWCPD).

Portuguez was arrested the next day while Montalban, who failed to report to work that day,

surrendered hours later. The two officers were charged for the violation of Republic Act 8353 or

The Anti-New Rape Law of 1997. Metro Manila Police Chief C/Supt. Guillermo Eleazar

vehemently condemned the case.

"The timing of this incident comes at the worst time. As police critics are still hitting the

organization for the recent rape incident involving another policeman whom we arrested, this

one now comes as if to confirm what some critics are saying," Eleazar said.

The incident comes after an officer was accused of raping a 15-year-old girl whose parents

were detained on drug charges in Manila. Eleazar maintained that they will continue cleansing

their ranks of erring personnel.

"I encourage more victims of police abuse to come forward so we can really send the message

to our policemen that reform is at hand. The PNP with our Chief, PNP PDG OSCAR DAVID

ALBAYALDE leading the way, is determined to rid our ranks of undeserving policemen," he

added. PNP Chief Dir.Gen. Oscar Albayalde earlier staunchly denied the proliferation of "rape

culture" among his ranks.


"Hinding-hindi po natin tinotolerate yang mga ganyang gawain (We do not tolerate these acts),"

Albayalde said on October 31. [Translation: We absolutely do not tolerate those kinds of acts.]

The Center for Women Resources records at least 33 cases of violence against women

attributed to police officers since President Rodrigo Duterte assumed office in 2016.

About 60 policemen were named respondents in the cases, more than a dozen of which

involved minors as victims, the report showed. The abuses included rape, acts of lasciviousness

and sexual harassment. READ: PNP chief: No 'rape culture,' we don't tolerate abuses

PNP female recruitment

The growing number of harassment reports from the PNP also led to a call to hire more women

to handle cases involving children. However, Albayalde said they will retain their current female

recruitment quota of 10 percent, due to "restrictions," citing the latest move to extend the

maternity leave for pregnant women.

"Remember there are restrictions kapag minsan babae lalo na kapag nag-asawa 'yan, nabuntis

'yan lalo ngayon 'yung maternity leave napakahaba... In-extend pa yata 'yan 'yung maternity

leave, so you could just imagine hindi mo magamit 'yung pulis for that span of time," Albayalde

said. [Translation: Remember there are restrictions sometimes especially if the woman is

married. If she gets pregnant, especially now, because of the long maternity leave, and they

might even extend it so you could just imagine not being able to use the police officer for that

span of time.]
The Expanded Maternity Leave Bill, approved by a bicameral conference committee composed

of lawmakers from the Senate and the House of Representatives, raises to 105 days the paid

maternity leave for women employed in both the public and private sectors.

Albayalde's comments did not sit well with the Commission on Human Rights (CHR). In a

statement Thursday, the CHR said the Magna Carta on Women requires an increase of female

hirees to reach 50 percent in five years time since the magna carta's passage. The Magna Carta

on Women is celebrating its 10th anniversary in 2019, the CHR added.

Moreover, the CHR said limiting the number of female hirees and criticizing the extended

maternity leave is a form of discrimination and a failure to recognize the rights of pregnant

women.
REACTION

The Philippine National Police (PNP) is ordered to be typically responsible for maintaining

public order and safety, enforcing the law, and preventing, detecting and investigating criminals

activities. Their work was known as policing. But the sad truth is, He're in Philippine we're not

immune to the reality. Some police officers abused their power to hurt other people.

Rape in the Philippine is considered a criminal offense. It is a crime punishable by life

imprisonment when committed against women. The term "abuse of power" encompasses all

the way police officers can abuse their position by taking advantage of the very people they

have pleged to serve and protect especially in the one of the weakest in the society wich is

women. Many of us can expose to seeing this kind of culture exemplified in our country.

Rape and violence is perpetrated in our culture, sadly this is highly relevant to our country. But

we merely focus on the problems is futile. We all must do our part.

In this case, these two police officers was very frustrating, embarrassing in the image of police

and also in their community and of course in their family. They used power to perform such a

horrible thing that ruined a life of a women. They raped Maria, along with five female
companion. how rude is that. Maria is under medication that time and they didn't even think

about the situation of Maria instead they still committed a crime and they raped Maria in the

dark portion of the hospital.

Based on my observation, it was really important to encourage the victims of some police abuse

to speak up and stand for their rights especially women who experienced a horrible crime in the

hand of a bad officer.

Officers in the higest position must not tolerate a kind of police like that because they ruined

the image of a public servant. In case of implementing the law and appreciate their jobs they

making and abusing the law by thier hand in freedom, get rid In their works as a police is not

enough for them. they must be punished by the law according to the crime they're commited
Recommendation

Rape victims have different beliefs about the police response to rape cases based on what they

believe to be discrimination. The main reason behind concealing rape incidents and not

reporting to police as believed by the people based on the consumption that police officers are

not able to provide support and protection, instead abusing their power and their free to

commit a crime if they want. Another vital reason is the unsympathetic and harsh investigation

which are currently carried out by police officers, which carry out a heavy trauma to rape

victims.

>To the accused:

(PO1 Jayson Portuguez Y Cudiamat and PO1 Severiano Montalban III.

*They have a permanent and stable job, being a police officers must have an etiquette to their

job because they're assigned to serve and to protect the people of this country. They we're

respected by the ordinary people so they should know how to respect them too and they must

know how to implement their job properly.

* PO1 Montalban, and PO1 Portuguez, the police officers who committed a crime rape,

punished a life imprisonment because it is a violation by the law and also abusing their position
in the society. They we're charged for the violation of Republic Act 8353 or Anti - rape Law of

1997.

* The two accused suffering the effects of what they committed. They should be aware that the

power and position they have is not excuse to do a horrible activities like rape to the ordinary

people who respect them. It will require pay for what they did and accepting their punishment.

Learn and start over again to have new life. Montalban and Portuguez should learn they

mistake.

>To the Police Organization

*Police Organization should not tolerate some officers to take the law by their hands. They

should implement the law properly and always think the safety of all including womens in jail.

*Police Organization should build a well trained personnel that deal to achieve the goal which is

to protect life and property and to maintain peace and order. They should know the

responsibility of the organization and fulfill its purposes. However all the police officers who

were involved with this case were disciplined. Therefore to some extent, improvements were

made in the form of disciplinary actions.

*The rape reports should be investigated by chief officers in order to obtain reasonable

evidence as chief officers are experienced in dealing and responding to any sort of crime

including rape.
*The response of police to rape incidents are improving however these improvement are not at

high-quality level to assist rape victims to overcome the trauma and stress the have suffered

thus more development and improvements are required to create better environment for all

members of the public and especially for rape victims thus the police service must improve their

reputation to gain trust of the members of the public by providing better response to all sort of

crime and offer protection.

*Nowadays Police officers get basic training on rape response however this basic training does

not include victim training which means police officers do not know how to treat or response to

rape victims but if this training is added into the basic training then it will be easier on the police

officers and the rape victims will receive effective response.

*. Finally the most significant improvement which can occur within the Police Service to tackle

unenthusiastic response to rape victims will be through taking the rape cases more seriously

and prevent suspicious and unsympathetic investigations by the police officers.

As a dreamer and hopefully a future policewomen someday, I will stand up for the rights of

women's abused by police officers. I'll apply what I've learned properly and I will also stand for

implementing the law and punishing who violated a crime even if a police officers because I

think criminals should be punished for what they did. Nothing is more important but human

lives and safety so if I will become a police officers I would be a good example to the police

organization and a inspiration to the dreamers who want to become a public servant in the

future.

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