Court junks charge vs. ex-Anakpawis solon, members over alleged quarantine violations

A court in Bulacan has dismissed a criminal charge against former Anakpawis party-list Representative Ariel Casilao and six members of the group in connection with their alleged violation of quarantine rules.

Judge Julie Rita Suarez-Badillo of the Norzagaray Municipal Trial Court dismissed the charge for "non-cooperation" under Section 9 (d) of Republic Act No. 11332, the law on the mandatory reporting of notifiable diseases, saying the alleged facts "do not constitute an offense" under this provision.

However, Justice Secretary Menardo Guevarra said charges for inciting to sedition and usurpation of authority remain. The accused will be arraigned on June 24, he said.

On their way to a relief operation, six Anakpawis members were arrested in Norzagaray, Bulacan in the morning of April 19 after they allegedly failed to show checkpoint officers a quarantine pass or permit to travel. Casilao reportedly arrived at the police station a few hours later.

The court said the inquest prosecutor alleged their act of staying out of their homes was a violation of RA 11332's Section 9(d), or the "non-cooperation of persons and entities that should report and/or respond to notifiable diseases or health events of public concern."

The court, however, said it believes that "travelling outside the residence without the travel permit or quarantine pass does not qualify as violation of Section 9(d) of RA 11332."

"While such act illustrates defiance for the open directive to observe the enhanced community quarantine, such infraction does not fall under the prohibited acts of RA 11332," the judge ruled.

"It is therefore the findings of this Court that the facts charged in the Information do not constitute an offense under Section 9(d) of RA 11332," she said in an order dated May 13 but seen on Thursday. 

The Department of Justice (DOJ) said last March that people who violate quarantine rules may be arrested without a warrant even if they did not seriously disobey authorities.

The DOJ said violators may be charged with "non-cooperation" under RA 11332, a crime that the National Union of Peoples' Lawyers said is "vague" and prone to abuse by law enforcement.

RA 11332 mandates the Department of Health and its local counterparts to implement the mandatory reporting of notifiable diseases and health events of public health concern.

Section 9 of the law prohibits the unauthorized disclosure of private and confidential information pertaining to a patient's medical condition or treatment; the tampering of records or intentionally providing misinformation; and the non-operation of the disease surveillance and response systems.

The prohibited act of non-cooperation is in two paragraphs: paragraph (d) is the non-cooperation of persons and entities that should report and/or respond to notifiable diseases or health events of public concern. Paragraph (e) is the non-cooperation of the person or entities identified as having the notifiable disease, or affected by the health event of public concern.

Those found to have violated the law will be penalized with a fine of P20,000 to P50,000 and/or imprisonment of one to six months. -NB/BM, GMA News