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.
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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.