A barangay in Parañaque accosted alleged curfew violators following the 24-hour curfew imposed by the local government, in a bid to contain the COVID-19 pandemic during the Luzon-wide lockdown.
Around 8:00 am on Tuesday, March 31, some residents of Barangay San Dionisio in Parañaque City, who are about to buy for groceries, were apprehended by Parañaque City Police personnel and detained them beside the Barangay Hall near the isolation area of COVID-19 patients.
In a Facebook post[1], most of the alleged violators were able to present their home quarantine passes (HQP) as prescribed by the local government in order for them to purchase basic commodities.
However, the police insisted to arrest the residents for almost an hour.
Baseless, inhumane, and illegal arrest
Mayor Edwin Olivarez of Parañaque City, who is also the chairman of Metro Manila Mayors’ Council, imposed a strict 24-hour curfew in view of the enhanced community quarantine. Under Section 4 of Parañaque’s Ordinance No. 2020-03 [2] effective on March 15, police and other authorized officials shall enforce curfew protocols directing the violators “to return in their respective residences, dwelling, or usual place of resting”.
However, an arrest can be done “in case of deliberate or willful refusal to comply with the lawful order of the public official/s” with charges of Disobedience to Persons in Authority as defined and treated under Article 151 of the Revised Penal Code.
Meanwhile, an advisory was released by the local government emphasizing the guidelines upon the implementation of ECQ. In the said guidelines, the HQP shall be given to residents which allows one member of the household to go outside with errands such as going to the market, bank, remittance center, or hospital.
Also, according to the advisory, HQPs can be used from 5:00 am to 8:00 pm. Furthermore, market operations like supermarket, grocery, and convenience stores shall remain in operation from 6:00 am to 7:00 pm. The local markets are open from 6:00 am to 3:00 pm while the sari-sari stores are accessible from 6:00 am to 10:00 am.
Looking at the case of residents of Barangay San Dionisio, they have not committed any violation being penalized with temporary confinement in respect to the above mentioned guidelines and advisories. In fact, the warrantless arrest on the alleged violators can be considered already as illegal detention, which is tantamount to a violation of constitutional rights.
Under Article III. Sec. 1[3] of 1987 Philippine Constitution, it said “no person shall be deprived of life, liberty, or property without due process of the law […]”
As of March 21, Parañaque City has recorded 2,088 number of curfew violators across all barangays in the local area.
Behind the strict 24-hour curfew protocol
Last Tuesday, March 24, Barangay San Isidro punished curfew violators by forcing them to sit under the sun, despite there are no penalties such as this mandated in Parañaque’s Ordinance No. 2020-03. [4]
“Sa lahat po na mahuhuli namin sa curfew, dito po namin ilalagay,” said Barangay San Isidro chairman Noel Japlos in a post, attached with the photo of several people sitting in monoblocs under surveillance of a uniformed personnel.
The post was shared 6,000 times and drew flak among the concerned netizens citing that the arrest is a form of torture. Republic Act No. 9745 indicated “Harmful exposure to elements such as sunlight and extreme cold” are among the acts of torture.
The post has since been deleted.
In addition, Section 5 of Republic Act No. 9745 [5]or the Anti-Torture Act of 2009 emphasized that other cruel, inhuman, and degrading treatment refers to “deliberate and aggravated treatment of punishment […] inflicted by a person in authority […] to cause suffering, gross humiliation, or debasement.”
It further included, “The assessment of the level of severity on the circumstances of the case, including the duration of the treatment or punishment, its physical and mental effects and, in some cases, the sex, religion, age, and state of health of the victim.”
In Parañaque City alone, the local government has recorded 39 confirmed cases of COVID-19 with nine fatalities, 359 persons under monitoring (PUM), and 585 persons under investigation (PUI) as of March 29.
Unruly curfew orders
While the Philippine National Police (PNP) said on Saturday, March 28, that curfew violators will no longer be held in custody, they have back-pedalled on their directive after a day and reiterated violators will still be arrested.
“Based on our assessment, the number of curfew violators will just continue to rise if we become lenient on them,” said PNP Deputy Chief for Operations Lt. Gen. Guillermo Eleazar in a statement.
“This will definitely defeat the purpose of the declaration of the ECQ which President Duterte approved purposely to contain the COVID-19,” he said.
Also, being detained for an hour despite presenting quarantine passes or to be forced to sit under the sun does not seem consistent with the new March 29 guidance of the police to its commanders.
PNP Chief Archie Gamboa, according to Eleazar, approved the following recommendations on the handling of curfew violators:
1. To coordinate with the Local Chief Executives (LCEs) for the identification of the temporary detention center big enough to observe social distancing for arrested curfew violators;
2. To coordinate with the LCEs on proper disposition of arrested curfew violators based on the penalties stipulated in the LGU’s ordinances;
3. If the curfew violators will be released over a decision that the regular filing of the case will be done after the ECQ, curfew violators must be held for a maximum of 12 hours while being admonished so as to deter them from repeating the offense; and
4. No physical punishment must be imposed on arrested curfew violators.
From the first 11 days of the lockdown since March 17 until 27, the Joint Task Force COVID-19 Shield–composed of officials from PNP, Armed Forces of the Philippines (AFP), Philippine Coast Guard (PCG) and Bureau of Fire Protection (BFP)–have apprehended 42,826 curfew violators. Among them, 12,094 were from Metro Manila.
The charges against curfew violators, however, will be pursued once the Luzon-wide lockdown is lifted. For the meantime, they will only be taken to the nearest police station for investigation and filing of charges.
However, upon the recommendation of Department of Justice (DOJ), filing of charges will be through e-inquest, or virtual inquest proceeding through online and video platforms. Eleazar further noted that DOJ has already issued general rules on procedures for the conduct of e-inquest to the government prosecutors across the country. In case of absence of internet connections, regular direct filing shall be instigated.
References:
[1] Bench, Avlasej. (2020, March 31) Facebook post. Retrieved from https://www.facebook.com/groups/156044241807164/permalink/681931852551731/
[2] Parañaque City Government (2020, March 15) Parañaque City Ordinances. Retrieved from https://paranaquecity.gov.ph/pdf/ordinance/2020-curfew.pdf
[3] Official Gazette (1987, February 2) The Constitution of the Republic of the Philippines. Retrieved from https://www.officialgazette.gov.ph/constitutions/1987-constitution/
[4] Parañaque City Government (2020, March 15) Parañaque City Ordinances. Retrieved from https://paranaquecity.gov.ph/pdf/ordinance/2020-curfew.pdf
[5] The Lawphil Project (2009, November 10) Anti-Torture Act of 2009. Retrieved from https://www.lawphil.net/statutes/repacts/ra2009/ra_9745_2009.html
