Palace: Barangay chiefs at 'superspreader' events can be arrested

Barangay officials who are present at superspreader gatherings amid the COVID-19 pandemic can be arrested without a warrant, a Palace official said Thursday.

Presidential spokesperson Harry Roque made the remark a day after President Rodrigo Duterte ordered the arrest of barangay captains who fail to implement health protocols, including prohibition of mass gathering, for dereliction of duty.

"Warrantless arrest can be performed by law enforcers when the law enforcement is personally witnessing the crime. If the barangay captain is at the scene of the superspreader event, knows about it and did nothing, that is dereliction of duty," Roque said in an ANC interview.

Duterter made order after incidents of mass gathering in swimming pools in Caloocan and Quezon cities resulted in a number of people testing positive for COVID-19.

As for those who are unaware of the superspreader events, Roque said that a complaint can still be filed against these negligent barangay captains before the prosecutors office where they can present their defense.

"If the prosecutor finds probable cause, the judge will issue an arrest warrant against the barangay chairman," Roque added.

Participants and organizers of the super spreader events, Roque said, will also be held liable for violating local ordinances penalizing breach of quarantine protocols.

"If they are complicit, that is conspiracy [to commit a crime] because they allowed the offense to happen," Roque added.

Roque, however, said that penalties under local ordinances may not be enough to make people accountable.

"We need to have a national quarantine law that will spell out stiffer penalties for breach of quarantine protocol," Roque said.

Penalties for breaching quarantine protocol provided under local government ordinances are largely fines and administrative such as closure of the establishment found guilty of the violation.  —LBG, GMA News