Violent protesters during the #ASEAN2017 Summit should be charged for assaulting police officers


A photo published on the Philippine Star of a street protester in the act of delivering a "flying kick" against a riot police officer during the Association of Southeast Asian Nations (ASEAN) Summit in Manila raises questions around what the consequences of violent behaviour exhibited by self-described "activists".

The law actually provides latitude for police officers to use lethal means to defend themselves when threatened with bodily harm as in the case of U.S. v. Mojica, 42 Phil. 784 (1922):
A police officer, in the performance of his duty, must stand his ground and cannot, like a private individual, take refuge in flight; his duty requires him to overcome his opponent. The force which he may exert therefore differs somewhat from that which may ordinarily be offered in self-defense. Bearing this in mind, we do not think that the appellant in using his revolver against the deceased can be said to have employed unnecessary force. The deceased attacked him with a deadly weapon; he might, perhaps, have saved himself by running away, but this his duty forbade. Was he to allow himself to be stabbed before using his arms? It may, perhaps, be argued that the appellant might have used his club, but a policeman's club is not a very effective weapon as against a drawn knife and a police officer is not required to afford a person attacking him the opportunity for a fair and equal struggle. (State vs. Phillips, 119 Iowa, 652; 67 L.R.A. 292; North Carolina vs. Gosnell, 74 Fed., 734; Boykin vs. People, 22 Colo., 496; 45 Pac., 419; Adams vs. State, 72 Ga., 85.) And if it was necessary for the appellant to use his revolver, he could hardly, under the circumstances, be expected to take deliberate and careful aim so as to strike a point less vulnerable than the body of his adversary. (U.S. vs. Mack 8 Phil., 701; U.S. v. Domen 37 Phil., 57.) [Id., p. 787].

These so-called "activists" need to be reminded of the whole point of their so-called "activism" which, presumably, involves highlighting the rights of victims of all forms of violence.




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