Walk of Shame: Legal Implications

When I watched the news last March 3, 2014, this http://www.abs-cbnnews.com/video/nation/regions/03/03/14/dried-fish-thief-shamed-tanauan has caught my attention.

Imagine, a suspect of stealing a bunch of dried fish was ordered to walk around the supermarket of Tanauan City in Batangas wearing a brand that read like "Ako'y Magnanakaw.  Huwag Tularan."  (I am a thief, do not follow me).  Definitely, the suspect was walking in the path of shame.

What has worsened the whole shameful act was the go-signal given by the mayor himself of the city according to the report.

Is this walk of shame warranted by law?

Due Process of Law:

Every person is entitled to due process.  It is guaranteed by no less than the 1987 Constitution of the Philippines that 

"No person shall be held to answer for a criminal offense without due process of law."

Due process implies that every person should be given a day in court to defend or face any accusation filed against him.  The suspect was not even an accused yet considering that there is no case filed against him in court and not even in the Office of the Prosecutor.

No matter how guilty the person may appear, there is a presumption of innocence guaranteed by the Constitution.  Criminal Proceedings should be had inorder to determine the guilt of the accused beyond reasonable doubt.  Unless and until the guilt is determined beyond reasonable doubt, the accused remains innocent in the eyes of law.

Granting sans accepting that the suspect was guilty of the crime charged, walking around the market with some derogatory brand is not the penalty provided by law.  The Constitution provides that:

"No cruel, degrading or inhuman punishment be inflicted."

Clearly, there is a violation on the basic right of the suspect to due process.  All persons behind this act are liable.  We are governed by laws.  No one is above the law.  Even the mayor of the city is bound to follow the law.

http://www.abs-cbnnews.com/nation/03/05/14/walk-shame-philippine-mayor-provokes-outrage 

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