Arresting vape users in public? Police just protecting public health, Gamboa says

Authorities will just be exercising their police power of protecting the public’s interest when they arrest individuals who are vaping in public, Philippine National Police (PNP) officer-in-charge Police Lieutenant General Archie Francisco Gamboa insisted on Thursday.

“We’re just exercising police power of protecting public interest which is public health,” Gamboa said at a press briefing at Camp Bagong Diwa in Taguig City.

“Ang sinasabi natin dito, even the decisions of the Supreme Court, they say there’s a hierarchy of ranks... prime among those are those that concern national interest...  ‘yun ang prinoprotektahan natin dito,” Gamboa added.

Gamboa reiterated his earlier directive to all police units across the country to enforce the ban on vapes and to ensure that all violators will be arrested and properly recorded in the police blotters.

“Arrest, put them on the blotter and release them,” Gamboa said.

This came following the order of President Rodrigo Duterte to law enforcers to arrest vape smokers in public. Duterte also announced a ban on the importation of vape.

Gamboa, meanwhile, explained that when police arrest a person who is vaping in public, no case will be filed against him/her yet, noting that a custodial probe will still be conducted on the arrested individual.

“Wala nga eh... Just to implement the directive of the President. Under the police power of the State you can do that,” Gamboa said.

“Kaya nga sinasabi ko it’s not even a detention. When you arrest a person, when you try to present some evidences, try to point out some specific offense and you have an intent to file a case, that’s custodial investigation,” he added.

Gamboa also pointed out that arresting a person is not tantamount to punishing him/her.

“In reading Executive Order 26, we know the intent na ‘yung Clean Air Act and then ‘yung tobacco, but primarily it’s public health. Pero sabi ko nga, if you include vape in that executive order, it’s actually an expansion of the definition of smoking,” Gamboa said.

“However, in the process of publication which is required for any state to impose punitive action, hence another EO is required for it to be published and then saka magkaroon ng punishment,” he added.

Gamboa did not provide data yet if there have been individuals arrested for violating the vape ban.

Meanwhile, asked if the police were directed to close vape stores, Gamboa said the PNP has no power to do so, adding that the Department of Trade and Industry and local government units have to handle that matter.

“Ito namang pagbebenta, hindi naman trabaho ng pulis to regulate that business,” Gamboa said. — RSJ, GMA News