'Decriminalizing' vagrancy can disable police operation

CEBU, Philippines - A police official yesterday expressed concern over the proposal to “decriminalize” vagrancy saying it might greatly affect the operation of the Philippine National Police in maintaining peace and order.

Cebu Provincial Police Office director Patrocino Comendador said that once vagrancy is no longer a crime, they will have difficulty in monitoring suspicious persons around especially during big events in Metro Cebu.

“Mapiangan ang kapulisan kay possible muapil ni sila anang tapok-tapok like Sinulog where lisod sila ma-identify,” he said.

The Senate has approved on second reading a bill last week that would strike out vagrancy from the country’s code of crimes.

Senate Bill No. 2367 seeks to repeal provisions of Article 202 of the Revised Penal Code which seeks to punish vagrants and prostitutes with arresto menor or an imprisonment from one to 30 days or a fine not exceeding P200.

In case of recidivism, vagrants are punished by arresto mayor in its medium period (imprisonment from two months to four months) to prison correctional in its minimum period (imprisonment from six years to two years and four months) or a fine ranging from P200 to P2,000, or both, depending on the court.

Senator Francis Escudero, who authored the bill, said that vagrancy is a carryover from the American colonial rule in the Philippines and was enacted in 1932 to keep workers inside factories.

Escudero further said that there was a need to repeal the law since today’s vagrants are mostly victims of circumstances and the inequities in the society and the law serves as an anti-poor provision from the code of crimes. He also sees vagrancy as a common alibi of the policemen used against the poor if they don’t know what to charge them.

But according to Comendador, the more police are given tools in conducting laws the greater their chances of properly maintaining peace and order.

“Law is our guide in keeping peace and order in the community,” Comendador said. However, he added they do not have any choice but follow the law if it will be implemented. — (FREEMAN)