Malacañang is not in favor of a proposed "shame campaign" of coronavirus patients but is amenable to the warrantless arrest of quarantine violators as long as the rules of court are followed.
According to Presidential spokesman Harry Roque, shaming COVID-19 infected persons would violate the country's law on the protecting the privacy rights of individuals.
"Rerespetuhin pa rin natin ang privacy ng magkakasakit bagamat kinakailangan i-report sa DOH 'yung mga nagkakasakit pero hindi naman para isapubliko ang kanilang mga pangalan (We will respect the privacy of the sick although the cases must be reported to the DOH but we will not make public their names),” he said during a Palace press briefing Monday.
Roque noted that the Department of Interior and Local Government (DILG) has already clarified that it would not implement such policy of shaming those infected with the illness.
"Lalabag tayo sa privacy law na isang batas pero sanga-yon naman kay Usec (Jonathan) Malaya hindi naman 'yan polisiya ng DILG (We might violate the privacy law if we do that but according to Undersecretary Malaya, it is not a policy of the DILG)," he said.
Interior and Local Government Undersecretary for barangay affairs Martin Diño earlier clarified that he suggested a shame campaign directed at stubborn quarantine violators, and not COVID-19 patients.
Diño said he has received complaints about the "hardheadedness and lack of cooperation" of some people who violate quarantine protocols in the communities. Disgusted by such behavior, he proposed "a shame campaign against such individuals for their audacity to disregard the threat of the disease and the preventive measures we have established."
Malacañang, on the other hand, has no qualms about the lawful arrest of people who break quarantine rules even without a warrant.
Roque said they recognized that local government units have issued ordnances implementing quarantine restrictions to curb the transmission of the disease. He noted that under the rules of court, a law enforcer may arrest a person without a warrant when the person violated the law in his presence.
Apart from the hot pursuit rule, the two other grounds of warrantless arrest are when the suspect is caught in the act of committing the crime and when the person is an escaped prisoner.
"May ordinansa na ipatutupad ang mga lokal na pamahalaan at nasa rules of court, kapag ang law enforcer ay may personal knowledge nakikita niya 'yung paglabag sa ordinansa, may kapangyarihan sila to resort to warrantless arrest (The local government units are implementing ordinances and the rules of court allow that if a law enforcer has personal knowledge or sees the violation of such ordinance, they have the power to resort to warrantless arrest)," he said.
The Quezon City government recently issued guidelines on the warrantless arrest of quarantine violators following a surge in cases of infections. The quarantine measures included wearing of faces masks, limited gatherings, physical distancing, and regulation of liquor sales.
Quezon City Mayor Joy Belmonte later clarified that they will exercise maximum tolerance and will not indiscriminately arrest people.
