Police against move to decriminalize vagrancy

CEBU, Philippines - While some legislators support the proposal to decriminalize Article 202 of the Revised Penal Code that penalizes vagrancy, the top official of the city police expressed strong opposition to the move claiming the law has helped the police in controlling the number of criminals that are roaming in the streets.

“As a police officer, no. Because it (law against vagrancy) is one of our means in providing deterrence against criminals,” said Cebu City Police Office director Patrocinio Comendador.

The police official told The FREEMAN that in case the proposal succeeds, “procedures should be put in place, otherwise, it will end up similar to the problems that we have encountered on the Juvenile Justice law.”

Councilor Edgardo Labella wants that the City Council will support the move to Decriminalize Article 202 of the Revised Penal Code that penalize vagrancy to allow some people to roam in the streets to earn money.

Article 202 of the Revised Penal Code defines a vagrant as any person having no apparent means of subsistence that despite of their physical ability to work they refused to apply for a job, and those person loitering in public or semi-public buildings, places or streets without visible means of support.

Labella supported the move of Senator Francis “Chiz” Escudero, who filed a bill that seeks to decriminalize vagrancy because of the belief that it runs counter to constitutionally-protected individual rights, particularly the right to liberty and the right to go anywhere.

The city legislator said in these times of recession and unemployment where a lot of people are financially challenged not by choice but by force of circumstance, many would at most times be caught loitering and wandering to find possible means of support.

He described the Article 202 of the Revised Penal Code being an anti-poor provision, pointing out that vagrants are just victims of circumstance and inequities in society.

A person who gets convicted of vagrancy will suffer the penalty of jail sentence from one day to 30 days or a fine not exceeding P200.

Labella believes that if such law would be decriminalize, it will decongest the court dockets and will allow law enforcement officers to pay more attention to much graver offenses, thereby improving the administration of justice in the country. — Rene U. Borromeo/WAB (THE FREEMAN)