At least 2,842 loiterers or “tambays” have been rounded up by policemen in simultaneous operations in different areas in Metro Manila which authorities said is aimed at ensuring that streets are safe from criminal and unscrupulous elements.
Philippine National Police Chief Oscar Albayalde said the roundup is part of the strict enforcement of city ordinances to rid the streets of undesirables.
He said that those who were picked up by the police were violators of ordinances relating to curfew (944); drinking in public (653); half-naked (651); smoking in public ((456); and traffic violators (138).
The PNP chief added that individuals urinating in public, conducting illegal barking, littering, breach of peace and obstruction were also picked up by the police.
“Remember, peace and order is everybody’s right. This is the basic right of every human being, to live in peace.”
Albayalde said the PNP’s initiative was in consonance to President Rodrigo Duterte’s directive to crack down on “tambays” whom the president said could bring potential trouble to the public.
Albayalde, however, said that those who were found to have no pending criminal offenses were released.
“But after verification, they were released. I don't mean if you get rounded up, you will immediately get charged or jailed,” the nation’s top cop said.
Also, the PNP chief said there were no vagrants arrested during the operations as vagrancy had been decriminalized since 2012.
“No one has been arrested because of vagrancy which has been decriminalized since 2012. These are due to specific offenses, not because they’re just loitering around,” Albayalde explained.
“They just have to explain why they are in the areas. If they think their rights have been violated, they can always file a complaint,” he added.
Albayalde said the operation against who he described as “undesirables” is intended to thwart the potential commission of crimes that is being hatched during “tambay” sessions.
The PNP chief, however, admitted that they have yet to release guidelines on how policemen can enforce local ordinances and laws against loiterers.
He said that he had already ordered commanders on the ground to “consolidate all the city ordinances in their respective” area of responsibility.
“Pinapa-consolidate namin lahat ng merong mga city ordinances dito. So that what we will be implementing are the different city ordinances existing in the different provinces and cities,” Albayalde said.
Albayalde said that it would be Directorate for Operations and Directorate for Investigation and Detective Management which will be in charge of crafting the guidelines, which he said could be released within the week.
“Within the week ‘pag na-consolidate na because we’re asking for all the different regions to submit their accomplishments dito. So far kasi NCR (National Capital Region) pa lang nag nag-submit sa amin,” he said.
Duterte’s directive drew mixed reactions after he appeared to have suggested throwing into the Pasig River loiterers who resist orders to go home.
Presidential spokesman Harry Roque, for his part, said the president’s declaration was meant to instruct local officials to implement their respective ordinances against persons “loitering” in the streets.
He added that there should be a legal basis to arrest any person for loitering.
Roque also assured that public’s rights will be respected in the course of the arrest.
“Well, the President’s only concern was that there are ordinances to be enforced. While there is no longer any law against loitering, there are ordinances.,” Roque said in Pilipino.
The Palace spokesman added that while there is no national law banning person to loiter, the President’s instruction is to boost “police visibility” and make potential criminals aware of the government’s campaign against criminality.
“So, in other words, it’s really police visibility and trying to take steps to ensure that the public knows that the police are present and that if they are engaged in any conspiracy to commit crimes, nandiyan po ang ating kapulisan (the police will be there).”
He said any person arrested without any valid reason and their rights violated can always complain to the police.
Roque said there are established mechanisms to protect the freedom of every people, adding that if a citizen is arrested but not charged, he can sue the police for illegal detention.
The Palace official also cited the Bill of Rights, which he said could be used as basis and also the courts to defend themselves.
In the Senate, Senator Sonny Angara that one way to get rid of “tambays” on the streets is for the government to intensify its jobs program to give them work.
He said the country’s unemployment challenge is primarily a youth phenomenon.
The JobStart Law, Angara said, is the government’s answer to youth unemployment.
The senator said this program targets more than one million jobless and out-of-school youth.
Angara is the sponsor of the JobStart Philippines Act or Republic Act 10869 that institutionalizes the nationwide implementation of the JobStart Program that gives the youth free technical and life skills training, placement in internships, as well as job matching assistance and job referrals.
The April 2018 Labor Force Survey showed that Filipinos aged 15 to 24 comprised 46% or 1.1 million of the total 2.36 million unemployed.
Of the total unemployed, 41% have reached or finished high school, while 36% have reached or finished college.
Angara said that studies show that it would take up to two years before new college graduates can get a job, while high school graduates can take up to four years.
“The job search is even longer for youth who dropped out of school. JobStart Program aims to reduce the job search period from 2-4 years to just less than a year,” Angara said.
“Many of our youth are unemployed due to lack of the right skill sets for the jobs available in our country. JobStart can help our youth become more employable,” he added.
To qualify for the program, one must be 18 to 24 years old; have at least reached high school level; not be employed, studying, or undergoing training; have no work experience or have less than one year of accumulated work experience.
The JobStart program is divided into three phases: 1) life skills training for 10 days; 2) technical skills training for three months; and, 3) company-based internship for six months.
Trainees shall receive the daily allowance during the life skills and technical skills training. During the internship stage, the employer must provide a daily stipend of not less than 75% of the prevailing minimum wage where the establishment is located.
JobStart graduates shall be given preference in the hiring of workers by the participating employers.
“Sabi ni Gat Jose Rizal, ‘Ang kabataan ang pag-asa ng bayan.’ Huwag naman sana nating hayaan na maging tambay ng bayan ang ating kabataan.
“They need appropriate assistance to look for a decent job to have direction in life and to help their family out of poverty,” he said.
Sen. Win Gatchalian, meanwhile, said he believes that it’s about time that barangay captains come up with a curfew ordinance to get rid of the youth who are still whiling their time outside their homes after midnight.
He said these are the youth who are either not working or not going to school.
Meanwhile, Liberal Party president Sen. Francis Pangilinan reminded law enforcers that being a bum or loitering around is no longer a crime.
He said Republic Act 10158 has decriminalized vagrancy, amending Article 202 of the Revised Penal Code.