President’s order vs mask rule violators hit as ‘cruel, prone to abuse’

MANILA, Philippines — President Rodrigo Duterte’s order to arrest and detain people for not wearing face masks properly drew concerns from human rights watchdogs and outright objection from a lawyers’ group.

For the Commission on Human Rights (CHR), education and information campaigns would lead to better public compliance with health regulations rather than a presidential directive that induces fear.

“In the absence of clear guidelines, we are concerned that such directive may be prone to excessive discretion and abuse,” Jacqueline de Guia, CHR spokesperson, said on Thursday.

The National Union of Peoples’ Lawyers described Duterte’s arrest order as a “cruel, degrading and inhuman punishment disproportionate to the evil (it seeks to address).”

“Shouldn’t simply providing face masks for free to those who cannot afford them and launching massive popular information drives do the trick (better) than overpacking our already cramped and congested jails?” NUPL President Edre Olalia said.

The human rights monitor Karapatan said punishing such lapses with arrest and detention would be a “disproportionate use of force during a public health crisis that impacts mainly the poor.”

The order will not address the “needs of the people” during the pandemic, Gabriela Rep. Arlene Brosas said, adding that the administration “knows only military measures [and has] a military mindset.”

In a televised address late Wednesday night, Duterte ordered the police to arrest and detain for nine hours violators of the mask requirement which is enforced in public places, citing a “critical need” to prevent the transmission of the coronavirus and “protect the public.’’

“You have nine hours,’’ he said. “Detain them and then investigate why their behavior is like that.”

He noted that some people do put on masks to appear compliant but leave the nose or mouth still exposed. “If I am not strict with you, nothing would happen,” he said.

The Department of Justice (DOJ) and the Department of the Interior and Local Government have started drafting guidelines on the President’s latest order, but Justice Secretary Menardo Guevarra said that even without these guidelines, the directive takes effect immediately and police may start arresting violators.

“The best way to avoid being arrested while the guidelines are being formulated is TO WEAR A FACE MASK AND OBEY THE LAW,” Guevarra told reporters in a Viber message.

In accordance with existing rules, Guevarra said “arrested individuals will undergo inquest procedures conducted by DOJ prosecutors.”

Among the matters that the guidelines would seek to address are “the manner, time or place of booking, detention, and investigation to avoid overcrowding and avoid the very evil sought to be prevented,” the DOJ official said.

Community service will do

Guevarra, however, urged local governments to “consider imposing community service as an alternative to stiff fines or imprisonment as a penalty for violators.”

Presidential spokesperson Harry Roque said the arrest of violators should be done in compliance with provisions of the law and local ordinances on the breach of quarantine and health protocols.

“If there is no ordinance in place, the Revised Penal Code states that [detention] can [only] be a maximum of 12 hours, and if no charges are filed, the individual must be released,” Roque said in a press briefing.

Police also have the power to apprehend violators of ordinances on public health protocols even without an arrest warrant, Roque added.

High compliance noted

Several studies have shown a high level of compliance with the mask mandate in the country. A July 2020 survey by United Kingdom think tank YouGov, for example, showed that 91 percent of Filipinos wear face masks when they step out of their homes.

Of 29 countries and territories covered by the survey, the Philippines ranked second in terms of mask-wearing, next only to Singapore.

A poll by the OCTA Research group from Jan. 26 to Feb. 1 this year also showed that nine out of 10 Filipinos wear face masks when they leave the house.

—With reports from Jhesset O. Enano and Nestor Corrales