WHILE several lawmakers and left-leaning groups raised concern over Oplan Kalinga, the Integrated Bar of the Philippines (IBP) defended it, saying it is anchored on Republic Act 11332.
Under Oplan Kalinga, health workers assisted by the police will conduct a house-to-house search for individuals who are positive for the novel coronavirus and take them to quarantine facilities if the conditions for home quarantine are not met.
In a radio interview Wednesday, July 15, 2020, IBP president Domingo Egon Cayosa said RA 11332 allows authorities to conduct isolation and quarantine procedures as well as impose penalties on those who will refuse to cooperate.
"Sa tingin ho natin this is a reasonable exercise of police power na pinapatupad 'yung batas. Until yung batas na ito ay mai-declare na unconstitutional, ipapatupad po ito," he said.
"So ang mangyayari kasi dyan, kung identified na, malinaw at scientific medical data na positive ka at ayaw mo pa rin, at nandyan na 'yung kapulisan para dalhin kayo, nandyan na 'yung ambulance, ayaw niyo pa rin, you are actually committing a crime...Under the warrantless arrest rule, pwede ho kayong arestuhin, pero hindi kayo dadalhin sa kulungan kasi ma-iinfect yung mga nandoon. Dadalhin kayo sa quarantine facilities," he added.
Violators of this law are punishable by a fine of P20,000 to P50,000 and/or imprisonment of one to six months.
Unaware
Justice Secretary Menardo Guevarra said he was not aware of the program since he was not consulted and it was not discussed during their meeting with the Inter-Agency Task Force (IATF) for the Management of Emerging Infectious Disease.
He said, however, that there is “ample legal basis” for the conduct of house-to-house search.
"Under the law on mandatory reporting of notifiable diseases, it is the duty of the person afflicted or his family to report or give notice of his communicable disease to prevent any contagion," Guevarra said.
"On the other hand, it is the duty of the government, for public health reasons, to place the afflicted person in a quarantine facility if there is no adequate isolation area in such a person's home," he added.
Department of the Interior and Local Government (DILG) Secretary Eduardo Año said health workers, assisted by the police, will conduct a house-to-house search dubbed Oplan Kalinga to find those who are positive for the virus but don’t have symptoms as well as those suffering from a mild form of coronavirus disease 2019 (Covid-19).
The search team will determine suitability of home quarantine and take them to quarantine facilities if the conditions for home quarantine are not met.
Home quarantine is allowed only if a patient has his own room and bathroom, and there are no elderly, children, pregnant women and other vulnerable persons in the same household.
‘Prone to abuse’
The National Union of Peoples’ Lawyers (NUPL) criticized the program dubbed Oplan Kalinga saying it is prone to abuse.
"This move reveals the Duterte government’s continuing reliance on police and militaristic approaches to solve a public health emergency," the group said in a statement.
The group said the government should instead apply the “find, test, treat and isolate strategy."
"With a government that has emboldened its own uniformed personnel to violate human rights with impunity, how can we be sure that the police will not abuse this new power to intrude into the privacy of our homes and encroach upon our liberties, targeting those who have been vocal with their grievances and criticisms of the government's callous neglect of the people's livelihood, health and lives?" the NUPL said.
"In reality, what is prone to abuse is not home quarantine but this unnecessary power of the police to conduct home visitations," the group added.
Rights advocate Karapatan warned that the plan may lead to more “tokhang-style” human rights violations.
“House-to-house police searches have led to thousands of gruesome killings in the government’s sham drug war. The past months under lockdown have shown the kind of brazen violence the police could commit even in broad daylight,” Karapatan secretary general Cristina Palabay said.
“These searches would only intimidate patients and their families--and what are the police going to do when patients refuse to come with them, shoot them dead and peddle the ‘nanlaban’ narrative?” she said.
What some lawmakers think
Several lawmakers also expressed apprehension over the program.
Senator Risa Hontiveros compared it to the Philippine National Police’s (PNP) Oplan Tokhang, which resulted in the killing of thousands of alleged drug suspects.
Senate Minority Leader Franklin Drilon said it may violate the Constitution especially on the peoples’ rights.
"There is no question that there is a need to protect the people but we should do it with due reference to the Constitution. The pandemic does not set aside the constitutional restrictions and protections under the bill of rights... which includes the protection against unreasonable search and seizures," he said.
"Because of what has happened in the past, you cannot blame the people. If they fear that this will be used to oppress," Drilon added.
For Kabataan Party-list Representative Sarah Elago, what the country needs is a scientific and health-based approach to address the Covid-19 pandemic.
“There’s no way this is helping the fight against Covid-19. This is helping the Duterte administration reinforce its hold on power, establish a police state, and normalize militarism. What we need now is to step up efforts to support the local officials and barangay health workers in empowering the people with education and information about community-based management of Covid-19,” she said in a statement.
“Encouraging people to participate in the pandemic response at the community level should be based on facts, not fear, and trust, not terror,” she added.
Senator Joel Villanueva said the house-to-house search is “impractical” and said policemen should not be part of the program.
"I think this plan is impractical and, as a lot of us would say, may run against the constitutional prohibition on warrantless searches and seizures," he said in a separate virtual interview.
"Article III Section 2 of the Constitution. It's very clear against doon sa basta na lang papasok ka, mag-search ka ng walang warrant, mag-seizure ka," he added.
However, Senate President Vicente Sotto III didn’t share the same sentiment saying that there is nothing wrong in searching for the asymptomatic patients and putting them in an isolation facility as long as it is being done within the bounds of the law.
"It appears that they are dead serious in truncating the spread of the virus," he said.
‘Not anti-poor’
Lieutenant General Guillermo Eleazar, PNP deputy chief for operations and commander of Joint Task Force Covid Shield, brushed off criticisms against Oplan Kalinga.
“Baligtad po, para po ito sa mahihirap nating mga kababayan kasi alam naman natin na posibleng kapag nagkaroon ng positive doon dahil nga sitwasyon nila na ill-equipped for home quarantine magkakahawa-hawa,” he said.
Eleazar maintained that the police will only assist local health workers who will lead the search.
“Uulitin ko po ha, hindi po kami ang mangunguna dito, hindi po kami ang magkukusa o magsasarili na magkakatok sa mga bahay, hindi po yun. Mag-iintay kami po sa magiging guidance at request ng ating LGU kasi bawat munisipyo at siyudad meron tayong local task force at itong mga health workers ang mangunguna,” he said. (SunStar Philippines)