Cops can arrest people improperly wearing mask: Palace

MANILA – The Philippine National Police (PNP) can arrest and detain people who are improperly wearing a face mask, Malacañang said on Thursday.

In an online press briefing, Presidential Spokesperson Harry Roque said it is valid for cops to carry out a warrantless arrest against a person who commits an offense, such as the failure to observe the proper use of face mask in public spaces.

“Meron tayong ordinansang nagpapatupad niyan na nagbibigay daan para nga magkaroon ng (We have an ordinance that paves the way for the) outright apprehension, warrantless arrest dahil (because) a crime was committed in the presence and with the full personal knowledge of the police officer,” Roque said.

Under Rule 113, Section 5 of the Rules of Court, a warrantless arrest is lawful when the police officer witnesses a person committing an offense and has personal knowledge about the commission of crime.

Roque issued the statement, a day after President Rodrigo Duterte directed the PNP to arrest, detain, and investigate people who fail to wear face mask properly.

He said the commission of an offense should be considered a legal ground for the detention of quarantine and health protocol violators.

Citing Article 125 of the Revised Penal Code (RPC), Roque said a health protocol violator can be detained within the period of 12 hours for crimes or offenses punishable by light penalties.

“‘Yung pag-aresto, dapat po sang-ayon po iyan sa ordinansa o sang-ayon sa batas. Kung wala pong ordinansa eh nakasaad naman po sa Revised Penal Code na maximum of 12 hours at kung hindi makakasuhan ay kinakailangang pawalan (The arrest should be in accordance with the ordinance or law. If there is no ordinance, the Revised Penal Code states that the violator can be detained for a maximum of 12 hours and released if a case is not filed against him),” Roque said.

Roque also stressed that Duterte has given the order because he merely wants to protect the public against the coronavirus disease 2019 (Covid-19).

“Ang mensahe po ni Presidente sa ating kapulisan at sa taumbayan, para po sa ating kapakanan ang pagsunod sa minimum health standards. At ipapatupad lang po natin iyan dahil sa panahon ng pandemya, kinakailangan po sumunod ang lahat lalung-lalo na po sa pagsuot ng face mask at ng face shield (The President’s message to the cops and the public is following the minimum health standards is for our own good. We are just implementing this because we need to wear a face mask and face shield amid the pandemic),” he said.

Filipinos are mandated to wear a face mask and face shield in all public areas to keep them safe from Covid-19.

Duterte’s fresh directive came as he lamented that some Filipinos are merely wearing face masks “just for compliance.”

Justice Secretary Menardo Guevarra on April 5 pitched the imposition of community service on quarantine violators instead of arresting them.

On April 12, PNP chief Gen. Debold Sinas ordered all policemen to stop the arrest of violators of health and quarantine protocols amid the Covid-19 pandemic.