MANILA, Philippines — The Philippine National Police said it would comply with President Rodrigo Duterte's directive to arrest anyone caught without a face mask but said it would also provide free face masks to anyone who cannot afford to buy one.
Speaking at a press briefing Monday, Police Gen. Guillermo Eleazar said that violators of the facemask ordinance will be booked and investigated but was careful to point out that police can still file cases depending on local ordinances.
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"Violators can be held for a maximum of 12 hours while undergoing investigation and booking procedure, during such time, we will provide them face masks to protect our own investigators and their fellow violators," he said.
According to the PNP chief, physical distancing must still be observed in detention areas to avoid the spread of the coronavirus. “Apprehending them will be for nothing if there is no social distancing in our detention areas."
He added that violators will be checked for any previous arrest records for similar offenses for which appropriate penalty for repeat offenders will apply. Anyone found with outstanding arrest warrants will undergo further appropriate police action.
“One of the concerns that needs to be addressed is the availability of our detention cells. We know that even before this directive of our President, there are times when our facilities are really lacking so we must prepare for it.,” Eleazar said.
“We are going to work with local officials, including the barangay, to find out which areas in each community we can use detention facilities for those who are stubborn."
Senator: Arrest rush will worsen congestion of holding areas, jails
In a statement, Senate President Pro Tempore Ralph Recto said that any rush to arrest mandatory mask violators without setting up the “holding and booking” infrastructure would worsen jail congestion and the clogging of court dockets.
He said if the arrest is made to protect the health of the community and the individual, “then the purpose is defeated if violators are thrown into a jail where physical distancing is impossible.”
“Where’s the logic in catching someone for improperly wearing a mask when he would later catch the virus from his maskless cellmates?” Recto said.
Prosecutors and public defenders who handle cases of inmates are facing case overload too, the senator pointed out. “One state prosecutor handles about 403 criminal cases,” he said.
This comes after President Rodrigo Duterte in a televised address to the public on Wednesday night ordered cops to arrest face mask violators.
“My orders to the police are those who are not wearing their masks properly in order to protect the public—because if not, if you cannot defend the public—to arrest them and detain them, investigate why they are doing it. They have nine hours,” he said.