In the midst of stricter protocols following the creation of NCR+ bubble, quarantine violators may face arrest on the basis of ordinances enacted by the Local Government Units (LGUs), according to Justice Secretary Menardo Guevarra.
Asked whether Republic Act 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act is also applicable, Sec. Guevarra explained that the ordinances meant to control the spread of the COVID-19 are “the more relevant legal and penal framework” for the authorities to conduct arrest.
“To clarify, it is much more straightforward to charge a quarantine violator with an offense under a local ordinance than under a statute of general/national application,” Sec. Guevarra said in a text message.
However, the justice secretary pointed out that “it is the law enforcement agents/police who determine what specific charges should be filed, depending on the factual circumstance of each case.”
Among the prohibited acts enumerated under the RA 11332 are:
(a) Unauthorized disclosure of private and confidential information pertaining to a patient’s medical condition or treatment
(b) Tampering of records or intentionally providing misinformation
(c) Non-operation of the disease surveillance and response systems
(d) Non-cooperation of persons and entities that should report and/or respond to notifiable diseases or health events of public concern
(e) Non-cooperation of the person or entities identified as having the notifiable disease, or affected by the health event of public concern
Disclosure of confidential information will not be considered violation of this Act under this section if the disclosure was made to comply with a legal order issued by a court of law with competent jurisdiction.
Penalties to be imposed range from a fine of not less than ₱20,000 but not more than ₱50,000 or imprisonment of not less than one (1) month but not more than six (6) months, or both.- Kenneth Paciente
