CA tells public: You can’t cuss a cop and simply get away with it

October 14, 2018

CURSING a cop in public is a big no-no and would get one in big trouble, worst event to jail.

This has been made clear by the Court of Appeals which recently affirmed the 15-day imprisonment meted out by a Valenzuela City Regional Trial Court on a Valenzuela City woman who shouted expletives at two local policemen who arrested her husband in an anti-narcotics buy-bust operation in 2012.

In an 8-page decision, the CA Special 5th Division denied Mayla Sanchez’s appeal filed before the Metropolitan Trial Court’s (MeTC) September 2015 verdict of unjust vexation, which the local RTC earlier upheld.

The case arose from the complaint filed by Police Officers 2 Paul Fabrega and Ringo Recto who accused Sanchez of trying to pull a certain “Gary” away from the police and shouting the words: “Bitiwan niyo ang asawa ko, mga putang ina niyong mga pulis kayo! Tangina niyo, mga hayop kayo (Let go of my husband, you sonofabitch policemen! You sons of bitches, you’re animals)!”

The CA said unjust vexation as defined under Article 287 of the Revised Penal Code (RPC) was broad enough to include “any human conduct which, although not productive of some physical or material harm, could unjustifiably annoy or vex an innocent person.”    Siding with the police, the court said “a person who feels aggrieved does not have to take the law into his or her hands.”

“We find that the herein petitioner’s act of badmouthing PO2 Paul R. Fabrega and PO2 Ringo D. Recto while in the process of performing their official duty… had annoyed them,” the decision penned by Associate Justice Franchito Diamante said.

The CA decision could mean more trouble for law offenders or their relatives and friends who have the habit of cursing officers while being apprehended.

Last week, two drunken Britons were hauled to jail and charged in court by the Makati police for their very unruly behavior as Southern Police District director, Senior Superintendent Eliseo DC Cruz called on his men to fully enforce the law without fear or favor, even to foreigners abusing the laws of the land.

Cruz commended officers and men of the Makati City Police District headed by Senior Supt. Rogelio Simon for showing that unruly foreigners cannot simply violate the law and disobey authorities.

British nationals Christian Lopez Busby,27, and Daniel Marhs,21, were arrested and charged with malicious mischief, alarm and scandal, physical injury, resisting arrest, direct assault and disobedience to an agent of a person in authority by the Makati police.

Busby is a resident of Salcedo Square Condo located inside Salcedo Village in Makati while Marsh is a property developer and reportedly a TV5 talent residing in Yaga Street, Bgy. Singkamas in Makati City.

Simon said that the two were heavily drunk when they were restrained by security personnel of the IM Hotel located in Bgy. Poblacion after they created a scene inside the hotel’s Antitode Bar 1:20 a.m. on Monday last week.

While being pacified by desk officer, SPO1 Roland Von Madrona, Marsh continued to badmouth the policemen and even uttered the words “F…k you, corrupt police officer’ to Madrona, said Simon.

With the help of Busby, Marsh also grabbed the head of SPO1 Madrona and banged his head on the steel bars. As a result, the two were charged with resisting arrest, direct assault and disobedience to an agent of a person in authority.