No detention cells in bry. halls: Zafra

We are encouraging tanods to follow the procedure. Once they make an arrest, they should follow the reglamentary period and they should turn over the suspect to the police station. Tanods are not allowed to carry guns, but they can if they have a permit. There’s also nothing wrong with a barangay hall having a lockup cell where arrested persons can be temporarily detained before they’re transfered to the police station. CCPO DIRECTOR JOEL DORIA

Association of Barangay Councils president Philip Zafra clarified that barangay halls in Cebu City do not have detention cells. They have holding areas.

The issue was raised after a theft suspect was shot and killed by a tanod past midnight Tuesday, after the former allegedly tried to flee.

The Cebu City Police Office (CCPO) is investigating Barangay Ermita for its alleged illegal detention of persons caught in their area by tanods.

Zafra, who is also Tisa barangay captain, said most of the 80 barangays have holding areas, which are used to keep troublemakers, such as intoxicated persons, among others.

Although there is no law prohibiting barangays from establishing a holding area, Commission on Human Rights (CHR) 7 Director Arvin Odron said tanods are mandated to immediately turnover apprehended persons to their local police stations.

Odron, a lawyer, said the barangay may keep suspects, but only for a “reasonable amount of time” since it’s only the police who are authorized to detain.

“It depends on the situation, such as public emergencies, calamities, or disasters. But as much as possible, if there are no hindrances, the barangay should immediately turn over the custody to law enforcement agencies for investigation,” he said.

In a separate interview, CCPO Director Joel Doria said that troublemakers with minor offenses are usually returned to their families or custodians as soon as they sober up, while those with criminal offenses are turned over to the police.

Doria said that barangays have been doing this and have not been neglectful of their responsibility.

In cases of rescued minors, the police chief said they are turned over to the barangay, which will then contact their parents.

“For Ermita, all involved tanods mentioned by the witnesses are now investigation. We’re still determining what case to file before court,” he said. /