PNP to craft policy to guide anti-loitering arrests
A policy that would serve as guideline for policemen running after loiterers on the streets as part of an anti-criminality drive will be crafted by the Philippine National Police (PNP) after the arrest of almost 3,000 over the weekend raised an outcry from various groups.
As of June 18, 2018, a total of 2,981 loiterers or “tambay” were arrested in the past days of implementation in Metro Manila, according to the data from the PNP.
Of the figure, 944 people were arrested for violating the curfew of 10 p.m. to 5 a.m. for those below 18 years old; 653 people for drinking in public places or streets; 651 for not wearing shirts; 456 for smoking in public places; and the rest for violations of traffic codes and other minor offenses.
PNP chief Director General Oscar Albayalde said the crafting of a policy is to ensure that there will
be no confusion on the part of policemen tasked to carry out the order of President Duterte.
Just waiting for a ride The plan for the policy comes at the heels of reports that some of those arrested were just waiting for a ride home. Also, a social media post of a call center agent in Makati City went viral, stating that they were just waiting for a friend on the street but they were taken to the police station.
“We will be issuing the guideline this week after we consolidated everything. We are asking the different regions to submit their accomplishments. So far, only the National Capital Region had submitted,” said Albayalde.
Currently, the PNP is using city and other local ordinances ruling on “No drinking in public places” and along the streets and the curfew of 10 p.m. to 5 a.m. for minors below 18.
Implementing local ordinances
“We are assisting in the implementation of these ordinances because we recognize that the local government units (LGUs) are empowered to promulgate local ordinances that are essential to the promotion of the general welfare,” said Albayalde.
He explained that past experience showed that most of the “tambay,” especially in Metro Manila and urban areas, are usually troublemakers.
Aside from being involved in gang wars, he said that there are cases where “tambays” sexually harass women who cross their paths, who then seek the help of male relatives. In the end, this leads to violence, he said.
Not prelude to martial law Meanwhile, Albayalde dismissed statements that the police operations against loiterers are a prelude to martial law.
He said that the operation is purely in response to local ordinances and a preventive measure for any untoward incident that would be triggered by the presence of loiterers.
“There is nothing new here. Even when I was in the NCRPO, we would usually implement these ordinances,” said Albayalde.
“We also have Human Rights Affairs Office in every unit and they can always check if their rights are being disregarded, or if there are abuses,” he added.
Albayalde admitted that barangay officials and barangay tanod should be at the frontline in implementing the ordinances, citing an example in Olongapo City wherein barangay officials are leading the operations against night loiterers.
“But policemen should not be sidelined on this because it is the policemen who are filing the cases,” he said.
This is the reason, he said, why Olongapo policemen would serve as back up in the operations of barangay officials, aside from the fact that policemen are the responder for worst-case scenarios.
Right now, Albayalde said they will be coordinating with the Department of the Interior and Local Government on how both the police and barangay officials would work together to implement ordinances elating to loitering.
Legal remedies
Meanwhile, Presidential spokesman Harry Roqueassured the public that there are legal remedies if they will be arrested by the police in relation to the anti-loitering drive.
Roque, in his Monday morning press briefing, reminded the public that there are established mechanisms stated in the Constitution that people can take e against the police who will act "in excess of authority."
"Unang-una po, 'pag ang mamamayan ay inaresto at hindi naman kinasuhan, maaaring kasuhan ng kriminal for illegal detention 'yung ating kapulisan (First, if a citizen is arrested and is not charged, he can criminally charge the police for illegal detention)," he explained.
“Pangalawa, bilang remedy, meron naman tayong existing remedy na pwedeng gamitin ng mabilisan – 'yung habeas corpus po mabilisan yan. At tsaka meron pa tayong writ of amparo ngayon (We have remedies that can be immediately used – the habeas corpus and the writ of amparo),” he added.
The writ of habeas corpus directs law enforcers to produce a prisoner and justify his detention. If the prisoner is able to argue successfully that his detention violates his constitutional rights, the court may order his release.
The writ of amparo protects other fundamental rights enshrined in the Constitution but not covered by the writ of habeas corpus.
"Institutionalized na po 'yan. Nandiyan ang Bill of Rights. Kung walang basehan 'yan, eh nandyan naman po ang ating hukuman (Those are already institutionalized. The Bill of Rights is there. If the arrest has no basis, then the courts are there to act)," Roque said.
Meanwhile, Roque also said that the person arrested can also file civil damages against the policeman in case trauma cannot be reversed.
No negative record
Roque said that people should not be alarmed about the President's order, especially if they do not have a negative record or reputation in their community.
"I think, kung hindi ka naman identified doon sa komunidad na talagang walang ginagawa kundi tumambay lamang, walakayong dapat ipangamba (if you are not identified in your community as someone who does nothing but idle around, you have nothing to worry about)," he said.
On the other hand, Roque said that the police must have legal basis before making an arrest.
"Either alam ng pulis, meron silang personal knowledge na talaga itong tao na ito ay talagang tambay at meron na sigurong negative record (Either the police have personal knowledge that this person really is a loiterer with a negative record)," he said.