BAÑOC
The Police Regional Office (RRO-7) has started to implement the “Oplan Tambay” following the order of PNP Chief Oscar Albayalde when he visited Cebu last week. Such order actually originated from President Rodrigo Duerte who spoke of discouraging loitering or tambays.
At least PRO-7 merely advised and reprimanded first the loiterers in Central Visayas instead of arresting them immediately contrary to what their counterparts in Manila have done. As of now, there is still a need for the PNP to make a clear definition of a loiterer that should be arrested.
Scrutinizing the basics in the Constitution and related laws, there is no basis for the police to arrest the tambays nowadays. Remember, as a general rule, a person cannot be arrested without a warrant of arrest. Every law enforcer must know this elementary rule.
There are exceptions, however, to the rule where arrest without warrant can be done as in the following circumstances, to wit:
1.When, a peace officer or private person in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense (caught on the act);
2.When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it (In hot pursuit);
3.When the person to be arrested is a prisoner who has escaped from a penal establishment (fugitive).
Note that vagrancy has already been decriminalized since 2012. So arresting mere loiterers or tambays violates their basic constitutional rights.
Nevertheless, considering that President Duterte is a lawyer who experienced serving as prosecutor before becoming a politician, it is presumed that he is very much aware of the law. He knows the kind of loiterers or tambays that need to be discouraged. Those who are potential source of trouble. Not mere loiterers.
As doctors say, “prevention is better than cure.” In the same manner the president may be concerned about preventing a crime to happen which in all probability is very high with the presence of loiterers, especially during night time.
There are those drunks or drug users standing by the road side that can cause trouble or at least intimidate passersby.
Such kind of order has already been implemented in Davao City when Duterte served as mayor. So the PNP need to revisit the ordinance of Davao City to exactly know the definition of loiterers or tambays that Duterte is referring to.
If only local officials are committed to keep the streets safe like what Duterte did as mayor of Davao city, then he need not deal with it now. But how many of them are sincere enough in prioritizing the peace and order of their communities?