At this point in the global pandemic, everyone’s cooperation is crucial in containing the spread of COVID-19 in the Philippines.

The Commission on Human Rights (CHR) views the community quarantine as a human rights measure meant to protect the people’s right to health so we may live a life of quality and dignity.

As such, we recognise the government’s position to restrict freedom of movement in the interest of public health and safety. However, we stress that this does not suspend all other rights protected by our Constitution and other pertinent laws.

Earlier pronouncements from the Philippine National Police, for example, claim that violators of the community quarantine will be arrested. But the Department of Justice clarified that warrantless arrest can be effected if an individual assaults, slanders, or bribes a law enforcement officer.

CHR reminds the government, particularly our law enforcers, that even warrantless arrests are bound by legal standards and could only be carried out if: a person is actually committing or attempting to commit an offence (‘in flagrante delicto’ rule); when a person has just committed or, based on probably cause, has personal knowledge of the facts or circumstance on the person to be arrested (‘hot pursuit’ rule); or when a person escaped from a penal establishment.

We note that the violation of lockdown is not part of the prohibited acts under Republic Act No. 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act. Nevertheless, we urge the public to comply reasonably with the quarantine given the present circumstances.

As an added guarantee, the Constitution also protects everyone against unreasonable searches and seizures during police/military checkpoints. The Supreme Court—in its ruling in People of the Philippines vs Escaño—reminds that searching a vehicle and subjecting its occupants to a body search may constitute unreasonable search, moreso if there is no probable cause.

We stress that human rights must occupy the center of intent and all government efforts, thereby calling for a holistic approach in curbing the virus.

We then also call on the government to ensure that all frontliners—our security forces and health workers alike—are provided with the necessary support and protection against COVID-19.

We must be able to think of everyone’s welfare in this fight, especially the vulnerable, marginalised, and the poorest of the poor. The country must succeed in addressing this health crisis without compromising anyone’s dignity and rights. Let us work together in stopping COVID-19 from further spreading. ###