Solon reminds police, 'loitering not anymore a crime'

By Jose Cielito Reganit

June 18, 2018, 8:29 pm

MANILA – Senator Francis Pangilinan on Monday reminded the Philippine National Police (PNP) that loitering is not a crime anymore, after the police began a public order drive against late-night bystanders (tambay) on the streets.

“Para po sa mga tagapagpatupad ng batas, hindi na po krimen ang tumambay, o mag-loiter (For those who enforce the law, it is no longer a crime to loiter). Republic Act 10158 has decriminalized vagrancy, amending Article 202 of the Revised Penal Code,” Pangilinan said in a statement.

Under Article 202 of the Revised Penal Code, loitering or vagrancy was a criminal offense, and defined vagrants as “any person found loitering about public places or wandering about the streets without visible means of support."

RA 10158, which was signed into law in 2012, decriminalized vagrancy amid concerns that Article 202 is anti-poor and prone to abuse.

The senator also told the police and other uniformed personnel to lawfully perform their sworn duties to the people who pay for their salaries and from whom their powers emanate.

Doble na sweldo ng mga pulis, sundalo, at lahat ng uniformed personnel ng pamahalaan. Gampanan niyo naman ang inyong tungkulin sa taumbayang pinagmumulan ng inyong kabuhayan at kapangyarihan. Maglingkod nang maayos at sang-ayon sa batas,” he said.

(The salaries of policemen, soldiers and all uniformed personnel of the government. Do your duty to the people who pay for your salaries and where your authority comes from. Serve the public what the law requires.)

Kayo ang tagapagpatupad ng batas, alamin ito at ipatupad nang tama. Kayo ang dapat manguna sa pagsunod ng batas at hindi pasimuno sa paglabag dito. Sumunod sa batas at hindi sa utos na lumabag dito,” Pangilinan said.

(“As law enforcers, know the law and enforce them properly. You should lead the way in abiding with the law and not the first ones in violating it. Obey the law and not the orders to violate it.)

The PNP public order drive was initiated after President Rodrigo R. Duterte ordered the police to be strict on "tambays" last Wednesday.

Since then, the crackdown has reportedly netted 2,981 late-night bystanders in Metro Manila.

However, PNP chief Director General Oscar Albayalde pointed out that the police did not arrest the persons involved for simply loitering.

He said that those arrested were allegedly violating various city ordinances and the police are just enforcing the local laws.

The PNP said that of the said number, 944 were arrested for violating curfew hours; 653 for drinking in public; 651 for going half-naked; 456 for smoking in public; 138 for traffic violation; and 139 for various offenses like littering, late-night videoke and urinating in public. (PNA)

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