DOJ to study Duterte's order to arrest barangay captains who allow mass gatherings

The Department of Justice would study President Rodrigo Duterte’s order for the authorities to arrest barangay leaders who fail to enforce the ban on mass gatherings amid the COVID-19 pandemic, an undersecretary said on Thursday.

“This is new to us. I actually heard it last night. We will look into it. And when cases are filed, you can be sure that the Department of Justice will study this very carefully,” Undersecretary Adrian Sugay said in an interview with ANC.

Sugay said the general rule was for the judge to issue an arrest warrant, but a warrant-less arrest could also be made subject to the guidelines under the Rules of Court.

According to the Rules of Court, warrant-less arrests could be made when a person has committed, is committing, or attempting to commit an offense; if a peace officer or a private citizen has "probable cause" to believe that the person has committed a crime that has just been committed; or when a prisoner has escaped.

“The closest concept we have is this American concept of reckless endangerment," Sugay said.

"Right now we really need to look into whether or not this will be applicable with regard to cases where violators are caught in flagrante delicto (red-handed) with regard to barangay officials caught sleeping on the job,” he added.

In his weekly briefing on COVID-19 response on Wednesday, Duterte said barangay chairs would be liable for dereliction of duty under the Revised Penal Code if they failed to prevent the gatherings in their respective jurisdictions.

He ordered the police to arrest such barangay chairpersons.

“Dereliction of duty is your omission to really do your work,” Duterte said.

Duterte gave the order to the Philippine National Police and all law enforcement agencies after Interior Secretary Eduardo Año reported the recent incidents of mass gatherings including picnics and parties.

The President also expressed frustration over the continued mass gatherings amid the ongoing public health crisis.

“It’s criminal for you to get the COVID and pass it on to another innocent person. It is really a crime,” he said. “I will look for a suitable law because you are now forcing my hand to get into this thing and control it.”

The Justice and Interior departments are expected to sign on Friday the joint guidelines on the arrest and detention of violators of COVID-19 safety measures, particularly those who do not wear face masks or not wearing them properly. —Virgil Lopez/NB, GMA News