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Statement of CHR Spokesperson, Atty Jacqueline Ann de Guia, on the indiscriminate firing incident in Pampanga resulting in the death of a teenager

The Commission on Human Rights is launching a motu proprio investigation into the death of a teenager, who was said to have been shot by a police officer last 20 November following an altercation. Initial reports allege that Police Corporal Alvin Pastorin shot the victim after an altercation stemming from Police Corporal’s Pastorin’s noise complaint.

The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, as adopted by the UN Congress on the Prevention of Crime and the Treatment of Offenders, remind that: ‘Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms.’ Similarly, as detailed in their own Philippine National Police (PNP) revised operational procedures, the use of excessive force or the indiscriminate use of firearms is categorically prohibited. And should it be necessary, warning must be first issued and the force to be employed should only be to neutralise resistance and subdue clear and imminent danger.

We welcome Philippine National Police chief Police General Dionardo Carlos’ announcement on Wednesday, reiterating the PNP policy against indiscriminate firing.

Pending the results of the investigation, we continue to urge our law enforcers to always exercise maximum tolerance and patience in dealing with situations of peace and order. Use of excessive force which is unwarranted and not proportional to the violation committed is prohibited by the PNP operational procedures and must be dealt with accordingly.

We send our deepest condolences to the bereaved family and loved ones of the victim. The Commission in the conduct of its investigation will coordinate with local authorities in ensuring justice for the victim and accountability for the individual responsible for his death.

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