MANILA, Philippines — Several senators on Wednesday questioned Interior Secretary Eduardo Año’s order for policemen to round up people suspected of contracting the new coronavirus and take them to state-run quarantines, saying it violates the constitutional provision banning unreasonable searches.
Sen. Joel Villanueva said deploying policemen to look for people infected with the new coronavirus that causes COVID-19 would be “impractical” as it would require them to wear personal protective equipment and undergo training on health measures.
“I have no problem with Secretary Año’s intention … but we have a constitutional prohibition against warrantless searches. That’s very important. You cannot disregard that,” Villanueva told reporters in an online media briefing.
“I believe the most effective [way to contain COVID-19] is to conduct tests and educate the people after they have been tested. They should understand why they should be quarantined [if they tested positive],” he said.
Bill of Rights
Senate Minority Leader Franklin Drilon reminded government officials that the public health crisis did not result in the suspension of the Bill of Rights as spelled out in the 1987 Constitution.
“The issue of detaining people or going around house to house … is an issue [that] could run afoul [of] our right against unreasonable searches,” said Drilon, a former justice secretary.
He also clarified that Republic Act No. 11332, or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act, only covered reporting of communicable diseases and “not detention, not seizure.”
“The problem is, four months after, we [still] have no effective tracking system and therefore we do the shotgun approach of declaring a general lockdown,” he said.
Sen. Sonny Angara said police officers “cannot insist” on going into private residences if people refuse them entry.
“This may actually discourage more people from reporting their [health] status. We need to improve home and community-based health care,” Sen. Risa Hontiveros said, likening Año’s order to “Oplan: Tokhang,” the police campaign against illegal drugs that has led to the killing of thousands of small-time drug users and peddlers.
“Instead of policemen, we need doctors and health workers in the communities. We need more and better barangay-based health care, not this,” she said.
Communication
Senate President Pro Tempore Ralph Recto advised policymakers to improve their communication technique so that the public could better understand the government’s programs and their intentions.
“Health-related announcements are better left to doctors. If the nation is the patient, let those trained to have good bedside manners announce the treatment,” Recto said.
“We have to choose and curate the words we use so nothing will be lost in translation and transmission. We should do it in a language so clear that it will move the nation as one to compliance, instead of through unclear statements that trigger ridicule or resistance,” he said.