Luzon quarantine violators face arrest even without serious resistance

Individuals who violate the terms of the Luzon quarantine due to COVID-19 can be arrested even without serious resistance.

Justice Secretary Menardo Guevarra had previously warned that serious resistance or disobedience to authorities enforcing the enhanced community quarantine (ECQ) could lead to arrest.

He had cited Article 151 of the Revised Penal Code for disobedience, which carries penalties of arresto mayor and a fine up to P100,000.

Acts of violence during disobedience could lead to charges of direct assault, with penalties of prision correcional and a fine not exceeding P200,000.

However, DOJ Undersecretary Markk Perete clarified that under Republic Act No. 11332, arrests are possible even without serious resistance.

RA 11332 penalizes "non-cooperation of persons or entities that should report and/or respond to notifiable diseases or health events of public concern," as well as those identified as having the disease or affected by it.

The penalty under RA 11332 is one to six months of imprisonment or a fine of P20,000 to P50,000, or both.

The reasoning behind this is that an insistence to act in a way that imperils collective health during a public health event can be criminally sanctioned.