Duterte: Anti-‘tambay’ ops critics can go to court

By Lilian Mellejor

June 23, 2018, 12:37 pm

<p><em>Presidential Photo</em></p>

Presidential Photo

DAVAO CITY -- President Rodrigo R. Duterte has urged critics to question the Anti-Tambay Operations of the police at the Supreme Court, as he emphasized the state’s police power to protect families.

Duterte issued the challenge following what he said was an assumption of a certain senator over the government’s action against street loiterers or tambays, branding the policy as bereft of legal basis.

“Of course, I can accost you. Sabihin ko, (I will say) ‘What are you doing here?’” Duterte said invoking the doctrine of parens patriae (father of the country).

In legal terms, the doctrine of parens patriae means the inherent power and authority of the state to provide protection to persons, especially minors, and people’s property.

“If you are a minor under the power of parens patriae, you are the father of the nation. You can always give an advice for people, kagaya ng (like the) minors. Kaya sabi ko, if you are unruly, talagang sabihin ko, ‘Uwi ka kundi arestado ka.’ (That’s why I said if you are unruly, I will really tell you, ’Go home or be arrested.’)” he said before hundreds of participants of the 2018 National ICT Summit at the SMX Convention Center here Friday evening.

“That is a police power of the state. Now let them contest it in the Supreme Court,” the President said.

“I never said arrested. But if you are drinking diyan sa (there in the) alley, ‘yung mga (those in the) squatter’s area. If you are there, making a sala (living room) out of the road there, huhulihin talaga kita (I will really arrest you),” he said.

Duterte said the policy aims to protect the people against crimes, especially with the prevalence of illegal drugs.

“When the monkey rides on the back and starts scratching, the craving is there. They have to have the fix and they will commit crimes,” he said, reminding the public that the use of “shabu” produces bizarre and violent behavior.

Citing a recent Social Weather Stations (SWS) survey, the President said people are afraid when they go out of their houses.

Kasi (Because) all day, he’s thinking that somebody will break into the house and steal his possession. Or if he has children, he is worried that a maniac would go there and do the unimaginable,” he pointed out.

Duterte cited that about 58 percent of those surveyed are worried about street crimes, including robbery inside public transportation.

In an earlier interview on Friday, Philippine National Police (PNP) Chief Director General Oscar Albayalde said a tambay will not be arrested unless there is a violation of an ordinance or a law.

He said most of those arrested have violated ordinances and laws on drinking liquor in public places, non-wearing of shirts in public, smoking in non-smoking areas, and playing loud karaoke beyond 10 p.m.

Naging controversial lang naman ito dahil no less than the President has said it. Hinuhuli because may violation ng ordinance (It has become controversial because the President said it. There were arrests because there were violations of ordinances),” Albayalde told reporters in Davao early this week.

Despite criticisms, the national police chief said he does not plan to stop the anti-tambay operation because it does not violate the law.

Albayalde highlighted the positive feedback from communities, whose residents say they feel safer, especially those going home from work in the evening or reporting for a night-shift duty. (PNA)

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