PNP to do arrest-and-release of vapers in public pending new EO
MANILA, Philippines — The Philippine National Police (PNP) will enforce an arrest-and-release system against those who will be caught vaping in public pending the issuance of a new executive order from Malacañang that will impose penalties for smoking e-cigarettes in public areas.
PNP officer-in-charge Lt. Gen. Archie Gamboa said this Thursday, as he explained that the only “references” he used for such a directive to his subordinates were the verbal declaration of President Rodrigo Duterte on Tuesday night, banning the importation of vape as well as vaping in public, and Executive Order No. 26, which bans smoking in public places.
“In the first whereas clauses [of EO 26], it says there that it is in view of public interest which is public health… Kaya nga noong tinanong ako bakit pwede kaagad kami mag-aresto (So when I was asked why we can immediately implement arrests it’s) because there is a higher interest to protect which is public health,” he said in a press briefing.
“If you include vape in that EO, it’s actually an expansion of the definition of smoking, kaya sabi pwede i-implement agad (that’s why we could implement it immediately) because it’s an expansion of the definition of smoking. However, in the absence of publication, which is required for any state to impose punitive action, hence, another EO is required for it to be published and then saka magkaroon ng (there will be) punishment,” he pointed out.
Without this new EO, the PNP can arrest but cannot punish, according to Gamboa, who is a lawyer. He also explained that arrest in itself is not a punishment, and that “punishment comes after arrest after due process.”
“That’s why ang sabi ko sa kanila (I told them), arrest, put them on the blotter, and then release them,” he said.
He further explained that being recorded in the police blotter is not even considered detention and that a blotter cannot be used in court against the accused. He even said that confiscation of the vape could not be considered a punishment.
Gamboa then assured that there would be no abuse by the police in implementing the arrest-and-release scheme against vapers in public places.
Asked why the police did not arrest vapers in the past based on the existing EO 26, Gamboa said the definition of smoking has not been expanded yet at that time.
“Now it has been defined by no less than the Chief Executive,” he said.
Asked further why the police will arrest vapers if there is no case that would be filed against them, Gamboa said it is “just to implement the directive of the President.”
“Under the police powers of the state, you can do that… We are just exercising police powers of protecting the public interest, which is public health,” he also said.
In a speech on Wednesday, Duterte also warned judges not to block his order to ban the importation and use of vape in public places.
EO 26 issued in 2017 does not explicitly include vaping. The Department of Health, however, issued Administrative Order No. 2019-0007 in June to include the use of e-cigarette in the EO, but its implementation has been suspended by a Pasig Regional Trial Court in October.
