ASSISTANT minority floor leader Councilor Jose Pepe Abbu Jr., has decried the way Cagayan De Oro City police operatives conducted their “Oplan Bakal” or “Kapkap Bakal” on individuals in public establishments in the city.
Abbu even mentioned that the operation conducted by the police was illegal based on "law and jurisprudence."
During the regular session, he manifested and discussed what he observed with the police in enforcing Oplan Bakal operations in a public establishment.
He expressed his stand being a lawyer to protect the privacy of every individual.
“There is a need to review the Oplan Bakal or Kapkap operations conducted by the Cagayan De Oro City police operatives in public establishments likely in resto-bars, videoke bars, and the likes,” said Abbu.
To protect the privacy of every individual, Abbu urged police personnel and proper authorities to take a second look at the implementation of the said operations.
A week ago, in one of the resto-bars in the city, he said police officers tried to frisk individuals to check whether they were carrying firearms or deadly weapons.
Police reportedly arrested the individuals for disobedience to persons in authority, according to Abbu.
Oplan Bakal is a police operation in an establishment where police officers enter the place unannounced and conduct a search for firearms that may be in the possession of customers or guests.
He said it is a surprise search so that gun-wielding guests or customers can be caught red-handed.
The councilor said he understands the intention of the operation to check if an individual is carrying deadly weapons to prevent crimes.
It should be done in balance with the need to also protect the privacy of a citizen, according to Abbu.
“I understand the good intention behind it but as an advocate of law it raises questions as to the legality of the operation,” he stressed.
He cited that one of the grounds of warrantless arrest is when an offense has been committed and the police officer has valid suspicions based on personal knowledge of the facts that the person to be arrested has committed an offense or a crime.
“I am afraid and I hope I may be wrong on this that a day might come that they would be subjected to complaints regarding the infringement of the constitutional rights,” said Abbu.
Meanwhile, Cocpo deputy city director Police Colonel Surki Serenas said police personnel were constantly reminded to always follow legal procedures and conduct searches with utmost courtesy.
"Our searches are always visual, unless the subject person acts suspicious,” said Serenas, adding that is the police instinct.
“Kung wala kay bitbit nga ilegal, dili man sad ka magkisi-kisi kung naay Oplan "Rekisa,” Serenas explained.
Serenas said that their personnel on the field are fully aware of individual person's rights.
“If they were searched, perhaps the policeman has reason or reasons for doing so. Maybe suspicion or prior knowledge of possible violation of the law,” said Serenas.
Abbu proposed that the matter be discussed by the City Council committee on public order and safety chaired by Councilor Romeo Calizo soon.
