MANILA, Philippines (Updated 1:28 p.m.) — Courts nationwide will be “physically closed” starting Monday, March 23, in an effort to curb the rise of COVID-19 cases in the country, and now, prosecution offices will be closed too.
This, amid an enhanced community quarantine in place in Luzon, where Justice Secretary Menardo Guevarra earlier said violators of the lockdown—and curfews enforced in some localities—may face arrest.
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Guevarra on late Friday night confirmed that he ordered Justice Undersecretary Adrian Sugay, and Prosecutor General Benedicto Malcontento to inform DOJ prosecutors that their offices nationwide will be “physically closed,” only to be opened when they are to attend to “very urgent matters.”
“All courts nationwide are physically closed. So are all prosecution offices, but everyone is on call,” he told reporters.
The department circular on this directive will be released next week, Guevarra added.
Justice Undersecretary Markk Perete said that this means inquest prosecutors, who determine whether a person arrested without warrant should be detained and charged, will also be on "on call" basis.
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Courts 'physically closed' starting March 23
Earlier Friday, Chief Justice Diosdado Peralta issued Administrative Circular No. 32-2020 ordering that “all courts nationwide from the Supreme Court down to the first level courts, shall be physically closed to all court users.”
Those who wish to raise a matter before our courts should first send a message or call. Only when the issue is determined as urgent will justices and judges on-duty, together with their skeleton staff will go to the courts.
SC Public Information Chief Brian Hosaka, however, explained hearings for bail, petitions regarding the writ of habeas corpus and other matters of liberty will still be tackled as these are deemed urgent.
An ABS-CBN report showed five men who were caged for violating curfew in Sta. Cruz amid the enhanced community quarantine in Luzon.
Guevarra on Friday stood firm that even with courts and prosecution scaling down operations, he will not soften his stance on arrest to be made amid the lockdown.
“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.
He earlier said that violators of the lockdown may be charged with resistance and disobedience to a person in authority or non-cooperation, following Republic Act 11332 is the “Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act”
He added: “I assure that your SOJ tempers the rigor of the law with human compassion.”
The National Union of Peoples’ Lawyers, however, pointed out that the provisions of the RA 11332 are “so vague” and “open to interpretation and may give way to abuse by law enforcement authorities.”