Abide by law on arrest of ECQ violators: DOJ

MANILA – A joint circular among prosecutors, police, and local officials issued in May will remain the basis for arresting violators during the enhanced community quarantine (ECQ) period.

“Apprehensions of violators of health and safety ordinances, quarantine-related rules issued by competent authorities, and related laws of national application are covered by the joint memorandum circular (JMC) issued on May 31, 2021,” Department of Justice (DOJ) Secretary Menardo Guevarra told newsmen via text message on Monday.

The Department of the Interior and Local Government, Philippine National Police, and DOJ are included in the JMC.

The circular requires local government units to identify and provide large and open-air holding areas which shall be used for booking and initial investigation purposes, Guevarra said.

Police officers shall ensure that any apprehension of persons cited for violation of minimum public health standards “is anchored on an existing, valid, and applicable local ordinance or law”.

If the local ordinance allows the payment of a fine or the rendition of community service to avoid criminal prosecution, the same shall be observed to avoid congestion in detention centers and holding areas and in prosecutor’s offices.

If the violation requires that the person arrested be subjected to inquest proceedings such as for resistance and disobedience to a person in authority under Article 151 of the Revised Penal Code, the arresting officer shall immediately present the person arrested to the DOJ inquest prosecutor.

“The DOJ inquest prosecutor must strictly comply with the mandatory time frame to complete the inquest, by electronic means or otherwise, or may order the immediate release for further investigation of the person arrested, likewise to avoid unnecessary congestion in holding areas, jails, or other detention centers,” Guevarra added.