MANILA, Philippines — Barangay chiefs would be the first ones to be arrested if mass gatherings are held in their area since they committed a "crime" when they failed to enforce safety protocols, President Rodrigo Duterte said.
During a meeting of the government's pandemic task force last Wednesday, Duterte assailed people who joined mass gatherings, calling them stubborn for placing themselves at risk of catching COVID-19. He then criticized barangay captains who failed to stop the holding of mass gatherings within their jurisdiction, saying they should leave their posts if they refuse to perform their functions.
"To the barangay captains, do you know that you have committed a crime of dereliction of duty? Look at the Revised Penal Code, consult a lawyer. I will really send to jail first the barangay captain (for) having committed a crime of dereliction of duty under the Revised Penal Code. You are forcing me. I do not want to do it. I told you to work," Duterte said.
"If another (gathering) takes place, the barangay captain will be arrested first. I’m ordering the police to arrest the barangay captain and bring him to the station, investigate him for being a derelict, of dereliction of duty having failed to enforce the law," he added.
Duterte said the police should not be afraid to arrest barangay captains and should even be ready to apply "reasonable force" if necessary. Law enforcers can hit the hands or the feet of persons who are trying to resist arrest so they can be brought to the police station.
"Because when you are arrested, the police or the law enforcer must exert his authority. You have to follow. If you don't, he (police) has (the) power to use reasonable force," the president said.
Duterte issued the directive after Interior Secretary Eduardo Año reported about recent gatherings that became "super spreaders" of COVID-19, including a pool party in Quezon City. At least 54 people who joined the party have tested positive for the virus. Año also mentioned the mass gathering in a resort in Caloocan where 20 persons got infected and a picnic in Norzagaray, Bulacan held this week.
Presidential spokesman Harry Roque said barangay officials who are present in mass gatherings can be arrested without warrant.
"Under our rules of court, there are instances when warrantless arrest could be performed by law enforcement agents and the only ground in fact, is when the law enforcement person is personally witnessing a crime," Roque told ABS-CBN News Channel yesterday.
"So if there is for instance a super-spreader event ongoing such as what happened to that swimming pool, and the barangay captain is in the area and knows about it, then that in fact is an indication that he personally knew about the breach being committed and did nothing to prevent it. That would be sufficient for a warrantless arrest on the basis of dereliction of duty," he added.
Año said barangay officials would now be required to conduct health patrols especially during weekends and holidays to ensure that safety protocols are observed in their area.
"Barangay chiefs should make sure that no public gatherings like drinking sessions, cockfights, feasts, parades, and processions will be held," the interior chief said.
Año said barangay officials should also implement minimum public health standards in community pantries and set up emergency hotline numbers where their constituents can report about mass gatherings