What you need to know about the tambay crackdown

 

In an episode of Fact or Fake, GMA News' Joseph Morong discussed the facts surrounding the PNP's latest controversial campaign.

The Anti-Vagrancy Law was decriminalized in 2012, which means that police can no longer arrest loiterers in the streets without a legal reason.

However, cities in Metro Manila have ordinances that are used by police as basis.

Of the 16 cities in Metro Manila, 14 of them implement a curfew: Pasay, Makati, Caloocan, Mandaluyong, Muntinlupa, Navotas, Las Pinas, Paranaque, Pasig, Quezon City, Malabon, San Juan, Marikina, and Taguig.

All 16 cities prohibit drinking in public and not wearing of shirts in public.

PNP chief Director General Oscar Albayalde said that these ordinances have been imposed long before President Rodrigo Duterte came into office.

"Wala pa ang Pangulong Duterte noon. This has been happening over time since years back. Lahat naman ito ay pagpapatupad ng mga city ordinaces, in coordination and in cooperation with local barangay officials," he said.

"Sabi ngang hindi kasing intensive noon as compared to this time," he added.

In September 2017, Duterte in a speech told authorities to go after those drinking in streets and alleys.

During intensified operations conducted from June 13 to 3 am of June 21, the PNP has arrested 8,015 individuals, many of them minors.

Albayalde said that "tambay" is a general term and that if a person is arrested, it is not simply because he or she is idling in the streets.

"Kapag kinuha mo or hinuli mo, or in-apprehend mo yung isang tao, hindi lang dahil nakatambay siya. May offense siya, probably drinking liquor in public streets, or smoking in public, or not wearing upper garment, marami kasing mga city ordinances yan," he said.

The Commission on Human Rights (CHR) commissioner Gwen Gana said that authorities should explain their operations and show a legal basis for their arrests.

"Nakakatakot kung ganoon nga ang nangyayari na para bang dinadampot ka ng walang rason. Kaya it's very important na ang kapulisan natin will explain and they have to show ng basis ng bawat dampot nila," she said.

She added that the PNP should first make clear guidelines before conducting the operation.

"Pag-isipan muna ng PNP ang implementation nito bago nila to put it into action, dapat siguro ayusin na muna nila ang guidelines," she said.

In case of arrest

The episode listed down the following tips on what to do should cops approach you or even arrest you:

1. Keep calm and don't run.
2. Ask the cops what their purpose is and answer their questions clearly.
3. If arrested, you should insist your right to remain silent and to get your attorney before signing or saying anything.

Litigation lawyer Atty. Galileo Angeles said that those arrested with no basis can actually sue the government.

"It is a fact that we can charge the government or its law enforcement agency kung talagang inaresto ka nila ng walang basehan," he said.

Fact: Simply hanging out in the streets is not a crime. But if you violate a city ordinance while doing so, police can legally arrest you. —Jessica Bartolome/JST, GMA News