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Amid 'physical closure' of courts, Guevarra asserts on arrest for quarantine violators

Kristine Joy Patag - Philstar.com
Amid 'physical closure' of courts, Guevarra asserts on arrest for quarantine violators
This photo taken March 18 shows a law enforcement agent manning a checkpoint amid the enhanced community quarantine in Luzon.
The STAR / Edd Gumban

MANILA, Philippines — Philippine courts may be “physically closing” on March 23, amid the rising cases of COVID-19, but the Justice Secretary Menardo Guevarra will not soften his stance on possible arrest of violators of the enhanced community quarantine.

“Our criminal laws are not suspended during times of emergency,” Guevarra told reporters in a message.

Earlier Friday, Chief Justice Diosdado Peralta directed courts nationwide to be “physically closed” to help curb the spread of the novel coronavirus disease.

Courts will still entertain messages, through calls or emails, but only when the judges and justices decide that the matter raised is urgent will the courts tackle it.

Guevarra was asked if he would change his stance on arresting violators of the enhanced community quarantine, which restricted movement across Luzon and where some municipalities and cities enforced curfews.

“Law enforcement, prosecution, and court adjudication structures and procedures will just have to make the necessary adjustments, no matter how difficult it may be,” he said.

“Otherwise we will have a breakdown of law and order,” Guevarra added.

The Justice chief earlier said that violators of the lockdown may be charged with resistance and disobedience to a person in authority or the agents of such person. A charge on violating Republic Act 11332 is the “Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act” may also be filed.

The following are listed as prohibited acts under RA 11332:

  • Non-operation of the disease surveillance and response systems
  • Non-cooperation of persons and entities that should report and/or respond to notifiable diseases or health events of public concern
  • Non-cooperation of the person or entities identified as having the notifiable disease, or affected by the health event of public concern

The National Union of Peoples’ Lawyers however pointed out that provisions of the said law is vague.

"It is our opinion that this crime [is] not sufficiently defined in the law. The penal provision is so vague that it is open to interpretation and may give way to abuse by law enforcement authorities. It is open to legal challenge," the NUPL said. 

They added that charges of resisting and disobeying enforces of the quarantine may be landed "only if you willfully disobeyed lawful orders of law enforcers." However, they were careful to mention that this still left the door open for demanding explanation and clarification. 

COVID-19

MENARDO GUEVARRA

NOVEL CORONAVIRUS

SUPREME COURT

As It Happens
LATEST UPDATE: March 27, 2021 - 8:09pm

Photo shows members of the Philippine National Police deployed in Manila amid COVID-19 threat. The STAR/Edd Gumban

President Rodrigo Duterte on March 16, 2020 declares an enhanced community quarantine over all of mainland Luzon, an expansion of an earlier general community quarantine over the National Capital Region.

The entire National Capital Region—16 cities and a municipality—is under community quarantine from March 15 to April 14, which means the enforcement of social distancing measures like letting fewer people on public transportation, reduced store hours, and the possibiity of curfews.

According to a memorandum issued by the Palace on Saturday, March 14, the quarantine means that "movement of people shall be limited to accessing basic necessities and work; and uniformed personnel and quarantine officers shall be present at border points."

Travel restrictions in and out of the capital will also be implemented.

March 27, 2021 - 8:09pm

A labor group says another lockdown will never resolve rising COVID-19 cases in the Philippines after the government announced that Metro Manila, Cavite, Laguna, Bulacan and Rizal are placed under the enhanced community quarantine starting Monday.

“The Duterte government seems to be deliberate in focusing its efforts in imposing quarantine and lockdown measures instead of addressing the rising cases of COVID-19 and the worsening state of the pandemic through medical solutions and scientific approach,” says Defend Jobs Philippines.

 

 

March 27, 2021 - 7:06pm

Presidential spokesperson Harry Roque says the implementation of enhanced community quarantine is meant to slow down the increase of COVID-19 cases, so hospitals and health workers will not be overwhelmed.

March 27, 2021 - 6:37pm

Presidential spokesperson Harry Roque announces that Metro Manila, Cavite, Laguna, Bulacan and Rizal are placed under enhanced community quarantine starting Monday, March 29.

January 19, 2021 - 6:04pm

Tuguegarao City will be placed under enhanced community quarantine from January 20 to 29 due to the rising number of COVID-19 cases in the city.

Cagayan Gov. Manuel Mamba approved the request of Tuguegarao Mayor Jefferson Soriano to place the city under ECQ for 10 days.

According to the Cagayan Provincial Information Office, the city currently has 246 active cases.

BREAKING NEWS | ENERO 19, 2021 RIATF INAPRUBAHAN NA ANG PAGSASAILALIM SA TUGUEGARAO CITY SA 10-ARAW NA...

Posted by Cagayan Provincial Information Office on Tuesday, 19 January 2021
April 29, 2020 - 7:51pm

Batangas, one of the provinces hardest hit by the novel coronavirus, has reported no new cases of the disease for two consecutive days.

The provincial DOH Office says the number of COVID-19 cases in the province stood at 91 with no new cases as of Wednesday afternoon.

Lipa City has the most cases with 26, followed by Batangas City (21) and Nasugbu (11).

Tanauan City has the fourth most cases with eight, followed by Bauan (5) and Alitagtag (3). Cuenca and Sto. Tomas City had two cases each, while the municipalities of Calaca, Lemery, Lian, Lobo, Mabini, Mataas na Kahoy, Padre Garcia, San Jose, San Juan, San Pascual and Taal had one case each, respectively. — The Filipino Connection

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