"I hope the mayor realizes this can easily be abused."
In the midst of anxiety, fear, poverty, and hopelessness experienced by Filipinos, especially those in Metro Manila and places being devastated by the COVID-19 pandemic, government continues to employ more punitive, rather than medical and social responses.
For instance, Quezon City residents and those who regularly travel to this city were alarmed when a memorandum dated 13 July 2020 issued by Mayor Joy Belmonte surfaced on social media. The memo’s subject, “Guidelines on the warrantless apprehensions and arrest of violators of quarantine measures within the territorial jurisdiction of Quezon City during the periods of General Community Quarantine (GCQ) and Modified General Community Quarantine (MGCQ)” understandably made people more nervous. It would seem that Quezon City, known for being the home of academic excellence and human rights defenders, went ahead and started implementing the “terror law” even before it becomes implementable.
The memo says that because of the increase in COVID-19 cases, heightened enforcement of quarantine measures need to be implemented. And in QC’s case, warrantless arrest will be used against those who violate quarantine rules.
As legal bases the memo cites R.A. No. 11332, or the Law on Reporting of Communicable Diseases. Specifically, section 9 (Prohibited Acts) that includes: “(d) Non-cooperation of persons and entities that should report and/or respond to notifiable diseases or health events of public concern; and Non-cooperation of the person or entities identified as having the notifiable disease, or affected by the health event of public concern” and section 10 (Penalties) indicating that violations of the preceding section shall be penalized with a fine of between PhP20,000.00 and PhP50,000.00, or prison term of between one to six months.
These prohibited acts are quite vague if applied to the pandemic. For instance, who are the persons and entities that should report and/or respond to notifiable diseases or health events? If I hear my neighbor cough, should I report him/her? If I do not, am I a violator? Who would say if a person has COVID-19? If a Barangay Captain suspects that one has it and if this person disagrees, will the person be arrested?
Also cited as a legal basis of Belmonte’s memo is R.A. 3815, the Revised Penal Code of the Philippines, specifically Article 151 on “Resistance and disobedience to a person in authority or the agents of such person”. The penalty for less serious disobedience to a person in authority is arresto menor or a fine of PhP2,000.00 to PhP20,000.00. Serious disobedience or resistance, on the other hand, will be punished by arresto mayor AND a fine of PhP100,000.00.
Again, what acts constitute less serious and serious disobedience? Who will determine this? Is asking law enforcers for explanation when apprehended serious or less serious? Is reasoning out with a barangay official serious or less serious?
It appears that these are the cases that may be filed if the LGU so desires, and the penalties that may be meted against “violators” of quarantine rules. As contained in the memo, these are very easy to abuse, to say the least.
Even more disturbing are the provisions dealing with warrantless arrest. While the Revised Rules of Criminal Procedure has provisions on warrantless arrest, my more than thirty years of experience in crafting bills and advocating for specific legislations has taught me that if a law will use warrantless arrest, or even citizen’s arrest, the specific law should have provisions for such. I am not a lawyer but warrantless arrest proposals in bills have always been met with fierce objections because it is considered as a serious violation of human rights and very easy to abuse.
Using warrantless arrests against violators of quarantine rules is an overreaction. It may also be illegal since even R.A. 11469, or the Bayanihan to Heal as One Act does NOT provide for arrest without warrant.
The Belmonte memo quotes City Ordinances SP-2934 s. 2020 on Limited Gatherings and Social Distancing; SP-2908 s. 2020 on Mandatory Wearing of Facemasks or Other Face Coverings; SP-2928 s. 2020 on Regulations of Liquor Sales, Distribution, and Consumption; and, SP-2905 s. 2020 as amended by SP-2947 s. 2020 on Public Safety Hours (or setting curfew in QC). These City Ordinances set specific rules to be followed during the quarantine period BUT none of them provides for warrantless arrests.
However, with the mayor’s memorandum, warrantless arrests will be used against violators of these Ordinances.
A specific recent incident comes to mind involving veteran journalist Howie Severino, a COVID-19 survivor himself. He was accosted by QC police and brought to the Amoranto Stadium (where many others who were also apprehended were also brought) for a seminar. What was Howie’s violation? He took down his facemask to drink water because he was biking and needed to drink. Was that illegal? Well, the QC ordinance says that one should ALWAYS wear facemask when in public places. Under Belmonte’s memo, Howie could have been the subject of warrantless arrest and brought to the nearest police station so he could be charged.
Absurd? Yes, but in effect, this is what the memorandum will result in.
Lawyers should look closely into the legality of this memorandum. Hopefully, Mayor Belmonte realizes that her memorandum can be easily abused and may be considered as a violation of human rights.
@bethangsioco on Twitter Elizabeth Angsioco on Facebook