THE Department of Justice (DOJ) is bracing for a deluge of cases following President Duterte’s order to arrest and detain violators who would be apprehended for improper wearing of face mask in public spaces, a practice by some which may have contributed to the surge of Covid-19 infections in the country.
Justice Secretary Menardo Guevarra defended the President’s directive, saying it was intended to teach violators of “basic” health protocols a lesson and out of Chief Executive’s desire to hasten the nation’s return to normalcy.
Guevarra explained that the President’s latest directive to the Philippine National Police is to arrest individuals caught in the act of violating laws or ordinances relating to basic health protocols in accordance with existing rules.
He said arrested individuals would have to undergo inquest proceedings conducted by DOJ prosecutors.
“The President’s strategy of strictly implementing health protocols, such as wearing of face masks, so that the spread of the disease is put under control and the full opening of the economy is accelerated,” Guevarra said.
Guevarra, however, acknowledged that the directive would likely lead to other problems, such as jail congestion and huge volume of cases piling up in the dockets of prosecution offices.
To address these anticipated problems, Guevarra said the President has instructed the DOJ and the Department of the Interior and Local Government to come up with guidelines for the proper enforcement of his directive.
“As soon as possible, we are drafting it now,” Guevarra said when asked when the guidelines would be released.
But the DOJ chief said the President’s directive would take effect immediately even as the guidelines are not yet to be finalized.
“Existing laws and ordinances define the prohibited acts and impose the corresponding penalties, therefor, and the relevant rules of court govern the procedure,” he said.
“The best way to avoid being arrested is to wear a face mask and obey the law,” Guevarra added.
Guevarra noted that the guidelines being crafted would cover procedures on arrest and detention until the filing of charges and other anticipated problems.
“Nothing really special, maybe just determining the manner, time or place of booking, detention, and investigation to avoid overcrowding and avoid the very evil sought to be prevented,” the Guevarra said.