MANILA, Philippines – Malacañang defended the latest directive of President Rodrigo Duterte for the Philippine National Police (PNP) to apprehend persons defying the face mask protocol amid the novel coronavirus disease (COVID-19) pandemic.
Presidential Spokesperson Harry Roque said apprehending the violators of the minimum health standards is not yet a punishment in itself.
He also said that this move is not “too harsh” as it is for the welfare of the public amid the continuing threat of COVID-19.
“[B]ago mo mapagawa sila ng community service kailangan ma-apprehend mo muna sila, and that’s what the President says, i-apprehend yung mga lumalabag sa minimum health standards,” he said during a briefing Thursday.
Duterte on Wednesday ordered police to arrest, detain, and investigate people who are improperly wearing face masks in public places.
Roque explained that the police have the authority to apprehend if they themselves saw or witnessed the violation to a law or an ordinance.
“[A]ng paglabag sa ating minimum health protocols, dahil mayroon tayong ordinansang nagpapatupad niyan, ay nagbibigay daan para nga magkaroon ng outright apprehension, warrantless arrest dahil a crime was committed in the presence, and with a full personal knowledge of, [a] police officer,” Roque said.
Roque also underscored that arresting violators will be based on local ordinances or a law.
In the absence of such ordinances, he said that violators will be detained only for a maximum of 12 hours and will be released if no charges have been filed, as stated in the Revised Penal Code.
The Palace official said that aside from proper wearing of face mask and face shield, it is also important to follow other steps being undertaken by the national government and local government units (LGUs) to slow down the transmission and spread of COVID-19, including the enforcement of curfew hours.
The Department of Justice previously discouraged the arrest and filing of charges against quarantine violators, proposing the imposition of community service instead.
Justice Menardo Guevarra said they are now crafting the guidelines for Duterte’s directive, which will include the process of booking, detention, and investigation to avoid overcrowding.
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