PNP hard-pressed to issue operational guidelines on rounding up street idlers
ill the Philippine National Police (PNP) release operational guidelines on its intensified campaign against street idlers or “tambay”? The country’s top cop earlier said they will, but another official is saying otherwise.
Senior Superintendent Benigno Durana Jr., PNP spokesperson, said there is no need to release a more comprehensive operational guideline in the so-called “anti-tambay” drive since all the cops have to do is to review the Police Operational Procedures (POP).
“The guidelines are actually in our PNP Police Operational Procedures. This is being taught during basic, career and refresher courses. Commanders [are reminded] to regularly include POP in their personal information and briefing sessions,” Durana said in a text message Friday.
The enforcement of ordinances is categorized as a law enforcement operation under Rule 3, Section 3.2 of the PNP’s revised Police Operational Procedure, which was released in December 2013.
The PNP said that loiterers are arrested not merely for idling around in the street, but because they violated a certain city ordinance which includes the prohibition to smoke, drink, urinate, litter, and loiter without upper garment (half-naked) in public places; and violators of illegal barking, breach of peace, traffic code violations, concealment of deadly weapons, and illegal vending.
In a press briefing last June 18, PNP chief Director General Oscar Albayalde revealed that they were crafting an operational guideline on how to properly implement the nationwide anti-tambay drive.
“The director of CIDG [Criminal Investigation and Detection Group] ay pinapa-consolidate namin lahat ng mga (we are consolidating all [provincial, city and municipal) ordinances. What we will be implementing are the different city ordinances existing in the different provinces and cities,” Albayalde said. He added that it will be released within this week.
However, in a press briefing two days later, Albayalde said that cops must turn to their POP as a guide in their operations, including the anti-tambay drive.
Durana said that Albayalde’s statements must be treated as a reminder to all the police on the ground to always follow the POP.
“What chief PNP issued last June 18 or 20 are simply reiteration or reminders for police to follow strictly the POP and the different related OPLANs (operational plans) e.g. SITA, BULABOG, GALUGAD, etc.” Durana explained.
The clamor for a clearer guideline on the PNP’s anti-tambay drive came with the death of 25-year-old Genesis Argoncillo in Novaliches, Quezon City on June 19.
Police said Argoncillo was arrested for alarm and scandal after he allegedly resisted arrest on June 15 for loitering without a shirt. His family said he was not loitering but buying load from a nearby sari-sari store.
Argoncillo ended up dead after he was mauled allegedly inside the Quezon City Police Station 4 by his co-inmates. Two suspects have already been arrested and charged with murder.
With a separate guideline, instructions as to who must be arrested and what must be done by the persons being arrested will be clearly established.
The creation of an operational guide- line was deemed effective when the PNP issued a separate one for the conduct of the Oplan Tokhang (knock and plead), the government’s anti-illegal drugs campaign, earlier this year.
Detained opposition Senator Leila de Lima said the arrest of loiterers without guidelines on orders of President Duterte is unconstitutional.
De Lima, likewise, did not hide her anger at the detention of these so-called tambay at jam-packed jails which deprives them of their humanity.
“Maling-mali talaga ang Anti-Tambay Operations na ’yan (That campaign against street idlers is very wrong),” De Lima, a known human rights advocate and former Justice Secretary during the Aquino administration, said.
De Lima accused the Duterte administration of “killing the poor people through its antiillegal drug ‘Tokhang’ campaign, killing the people through poverty under the Tax Reform for Acceleration and Inclusion (TRAIN) law, and depriving the people of staying in tight spaces where they can relax.” (With a report from Mario B. Casayuran)