CITIZEN’S ARREST FOR ‘NO MASK’ EYED
MAYOR Junard Chan has his way, violators of quarantine protocol in Lapu-Lapu City will be facing arrest not just by the City’s law enforcers but by any private person witnessing the violation under the principle called Citizen’s Arrest.
During his State of the City Address (Soca) at City Hall on Thursday, July 2, 2020, Chan called on legislators to amend Ordinance 15-084-2020 which penalizes violators of the City’s quarantine protocol.
Aside from imposing fines of up to P3,000 for violators, Chan wants the City Council to include a provision in the law that would empower citizens to make arrests.
“Hangyuon nako ang Konseho aron madisiplina ning mga tawo nga gahi og ulo (I appeal to the Council so that those who are hard headed will be disciplined),” Chan told legislators during his Soca.
The same ordinance also penalizes business establishments which allow people with face masks to enter their premises.
The fines are P2,000 for the first offense, P3,000 for the second offense and P5,000 for the third and subsequent offenses.
Chan said citizen’s arrest can be used to apprehend quarantine violators such as those leaving their homes without wearing a mask or without bringing their quarantine pass.
Chan proposed that cash incentives be given for every apprehension as a way to encourage more people to help the City Government enforce its measures against the spread of Covid-19.
“The most effective way to prevent the spread of the virus is the constant wearing of face masks, regular handwashing, disinfecting and social distancing,” Chan said in Cebuano.
Lapu-Lapu City is currently under general community quarantine (GCQ).
Rekovida
Aside from pushing for the passage of a law on citizen’s arrests for quarantine violators in his city, Chan has started to tap the services of tricycle drivers to help in a Covid-19 information drive.
On Wednesday, July 1, Chan launched the Rekovida (Rekorida Kontra Virus sa Dakbayan) program and introduced its 80-strong team of tricycle drivers who will serve as enforcers.
The program initiated by Chan and City Social Welfare and Development Office head Annabeth Cuizon will deploy 80 tricycle drivers across the city to anounce safety and health reminders through a public address system.
The participating tricycle drivers will receive P400 daily cash assistance from the City for one month of the Rekovida.
Chan said the program aims to remind his constituents to help each other and follow quarantine protocol, especially that 27 people from his city have died due to the coronavirus disease.
The joint efforts of the City and the Lapu-Lapu City police have led to the arrest of 1,573 quarantine violators, so far, Chan said.
Many of those arrested failed to wear a mask outside their homes, failed to bring a quarantine pass, failed to follow the city’s number coding scheme, held mass gatherings, or refused to heed the City’s curfew ordinance.
There were also people arrested by police for hoarding medical supplies.
Chan thanked Vice Mayor Celedonio Sitoy and members of the City Council for setting aside their political differences and approving the realignment of P603 million from the City’s annual budget as additional allocation for the fight against the Covid-19.
The realigned funds will be used to acquire new personal protective equipment, medicines, and relief goods as well as help in the hospitalization of Covid-19 patients.
Among other things, the funds were used to acquire 160,176 sacks of rice which will be distributed to the City’s households, including renters living in the city.
Chan also praised personnel of the City Disaster Risk Reduction and Management Office led by Nagiel Banacia for their work in the Covid-19 pandemic, especially in dealing with those infected with the disease.
‘Corresponding risks’
Meanwhile, the dean of the University of San Jose-Recoletos School of Law Jonathan Capanas said while there are advantages to making citizen’s arrests, there are also corresponding risks.
Aside, from a big possibility that it can be abused by some citizens, he said, among the concerns for this is the safety of the one arresting and the gathering of evidence.
“They already have a similar ordinance. To arrest is one thing but to convict is another thing which would require evidence,” Capanas said.
Under Philippine Law, the principle of Citizen’s Arrest is based on a provision of the revised rules on criminal procedure, particularly rule 113, section 5.
This rule, Capanas said, provides for instances when warrantless arrests may be done by a private person such as when the offense is committed in his presence or the criminal is caught in the act of committing a crime “in flagrante delicto”; and the other during a “hot pursuit.”