IBP chief says gov’t has power to ensure quarantine, isolation

The president of the Integrated Bar of the Philippines (IBP) on Wednesday said house-to-house visits to find COVID-19 patients is in accordance with a law granting public health authorities the power to ensure quarantine and isolation.

Interviewed on Dobol B sa News TV, IBP president Domingo Egon Cayosa said Republic Act No. 11332 provides authorities power for quarantine and isolation purposes and penalizes non-cooperation of persons who have a notifiable disease or are affected by a health event of public concern.

He said enforcing the law is part of the state's police power.

"Sa tingin ho natin this is a reasonable exercise of police power na pinapatupad 'yung batas. Until yung batas na ito ay mai-declare na unconstitutional, ipapatupad po ito," he said.

While Cayosa stressed that human rights are "clear," he said they are "not absolute." He said individual liberties could be limited for the welfare of the greater majority.

Interior Secretary Eduardo Año said policemen will assist health and local government officials in searching for COVID-19 patients who should be in isolation facilities instead of on home quarantine.

He said authorities will only visit houses in areas with an outbreak or surge of COVID-19 cases and are under localized lockdown.

The national government has said mild or asymptomatic COVID-19 patients should not be on home quarantine if they don't meet have their own room and bathroom or live with a vulnerable person.

The National Union of Peoples' Lawyers has warned that the program, Oplan Kalinga, could be prone to abuse.

Asked if people who refuse to go with authorities could be forced to do so, Cayosa said this is not a basis for arrest but that he or she could be charged for non-cooperation.

Non-cooperation and other prohibited acts in RA 11332, Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act, are punishable by a fine of P20,000 to P50,000 and/or imprisonment of one to six months.

However, Cayosa continued: "So ang mangyayari kasi dyan, kung identified na, malinaw at scientific medical data na positive ka at ayaw mo pa rin, at nandyan na 'yung kapulisan para dalhin kayo, nandyan na 'yung ambulance, ayaw niyo pa rin, you are actually committing a crime."

"Under the warrantless arrest rule, pwede ho kayong arestuhin, pero hindi kayo dadalhin sa kulungan kasi maiinfect yung mga nandoon. Dadalhin kayo sa quarantine facilities," the IBP president said.

He said it is better for Filipinos to cooperate but added that the government should also ensure that quarantine facilities have been prepared.

Joint Task Force COVID Shield commander Police Lieutenant General Guillermo Eleazar earlier said the house-to-house visits are not anti-poor. He claimed on the contrary that the measure is for poor patients who live in places "ill-equipped" for home quarantine. — RSJ, GMA News