President Duterte issued Proclamation No.
929 declaring state of calamity throughout
the Philippines (see the original text). Iligan City Mayor Regencia issued Executive
Order No. 29, series of 2020, declaring community quarantine in Iligan City (see the
original text).
On the basis of a tip from a concerned resident, that a certain Mr.X was exhibiting
severe symptoms of COVID-19, the PNP came to the residence of Mr.X at Tubod, Iligan
City, to escort him to the hospital for treatment and quarantine, and to search the house
for other infected persons. Mr.X refused the police officers entry. The police officers
forced themselves inside the house, took Mr. X forcibly and brought him to the hospital.
The wife and children of Mr. X were also brought to the hospital. While inside the house
of Mr.X, the police officers found and seized 1 kilo of shabu.
Were the acts of the police officers constitutional? Is the shabu admissible in evidence
against Mr.X for Violation of RA 9165 (Dangerous Drugs Act)
Proclamation No. 929
Declaring a State of Calamity Throughout the Philippines Due to Corona Virus Disease
2019
Section 4: All law enforcement agencies, with the support from the Armed Forces of the
Philippines are hereby directed to undertake all necessary measures to ensure peace and order
in affected areas, as may be necessary
Art. II, Section 15 of the 1987 Constitution
Recommended by NDRRMC of R.A. 10121 Philippine Disaster Risk Reduction and
Management Act of 2010
https://www.officialgazette.gov.ph/downloads/2020/03mar/20200316-PROC-929-RRD.pdf
E.O. 29
Declaration of Community Quarantine and Its Guidelines to prevent local transmission of
COVID-19 in Iligan City
Proclamation No. 922
Sec. 16 and 17 of R.A. 7160 or the Local Government Code
Uncooperative Individual R.A. 9271 or Quarantine Act of 2004 Section 4
AN ACT STRENGTHENING THE REGULATORY CAPACITY OF THE DEPARTMENT OF
HEALTH IN QUARANTINE AND INTERNATIONAL HEALTH SURVEILLANCE REPEALING
FOR THE PURPOSE REPUBLIC ACT NO. 123 OF 1947, AS AMENDED
SEC. 4. Authority to Promulgate and Enforce Rules and Regulations and Provide Penalties for
Their Violations. — (a) The Director of the Bureau with the approval of the Secretary of Health,
is authorized to promulgate and enforce rules and regulations as in his judgment are necessary
to prevent the introduction, transmission or spread of “public health emergencies of international
concern” from foreign countries into the Philippines or from one (1) domestic seaport/airport to
another. For purposes of implementing these regulations, the Director of Bureau may provide
intervention strategies such as health education and advisories, inspections, fumigation,
disinfection, pest extermination, vaccination for international travel, medical examination of
aliens/foreigners for immigration purposes and destruction of animals or articles found to be
infected or contaminated as to be sources of infection to human beings in coordination with
other concerned quarantine agencies such as veterinary quarantine, plant quarantine, etc. and
other measures as in his judgment may be necessary.
(b) Regulations prescribed under this section shall provide for the apprehension, detention or
surveillance for the purpose of preventing the introduction, transmission or spread of such public
health emergencies of international concern as may be specified from time to time in
Department Orders by the Secretary of Health upon the recommendation of the international
health surveillance.
(c) Whenever it is deemed necessary for the protection of the public health of the nation from
public health emergencies of international concern, immunization and other preventable
measures against these diseases shall be mandatory on all persons arriving all any
seaport/airport of entry in the Philippines.
(d) The Secretary of Health upon the recommendation of the Director of the Bureau may
prescribe examination of any individual believed to be infected with a disease of international
concern on board vessels and aircraft entering any seaport or airport in the Philippines. Such
rules and regulations may provide that if upon examination, any such individual is found to be
infected or has been exposed to infection considered as dangerous contact, he may be isolated
aboard a vessel, in a hospital with facilities for infectious diseases, at a quarantine station, or at
any isolation facility, and in such a manner as may be prescribed by the said regulations.
https://www.officialgazette.gov.ph/2004/03/19/republic-act-no-9271/
Proclamation No. 922
Declaring a State of Public Health Emergency Throughout the Philippines
dfadf
https://www.officialgazette.gov.ph/downloads/2020/02feb/20200308-PROC-922-RRD-1.pdf
REPUBLIC ACT No. 11332
An Act Providing Policies and Prescribing Procedures on Surveillance and Response to
Notifiable Diseases, Epidemics, and Health Events of Public Health Concern, and Appropriating
Funds Therefor, Repealing for the Purpose Act No. 3573, Otherwise Known as the "Law on
Reporting of Communicable Diseases"
Section 9. Prohibited Acts. -The following shall be prohibited under this Act:
(e) Non-cooperation of the person or entities identified as having the notifiable disease, or
affected by the health event of public concern.
Section 10. Penalties. -Any person or entity found to have violated Section 9 of this Act shall be
penalized with a fine of not less than Twenty thousand pesos (₱20,000.00) but not more than
Fifty thousand pesos (₱50,000.00) or imprisonment of not less than one (1) month but not more
than six (6) months, or both such fine and imprisonment, at the discretion of the proper court.
https://lawphil.net/statutes/repacts/ra2019/ra_11332_2019.html
