Detainee’s Death Drives Media to Question Duterte’s Crackdown on Tambays

 

PRESENTED AS an effort to curb criminality, the president’s order to crackdown against “tambays” was given in a speech on June 13.  He referred to loiterers as “potential trouble for the public,” cautioning that if they did not go home, he will have them sent to Pasig with their hands tied up. “‘Pag ‘di kayo umuwi, ihatid ko kayo doon sa opisina ni ano doon, Pasig. Ako na ang bahala, ilagay mo lang diyan. Talian mo sa kamay pati ihulog mo diyan sa ano. Do not — you be strict. Part of confronting people just idling around.”

On the same day, the PNP hastened to make arrests. According to reports, PNP nabbed 7,291 in Metro Manila alone in just one week, congesting further severely crowded detention cells (“Anti-tambay crackdown nets 7,291 in Metro Manila”).

A review of the news reports on primetime newscasts (ABS-CBN 2’s TV Patrol, GMA-7’s 24 Oras, TV5’s Aksyon and CNN Philippines’ News Night) and broadsheets (Philippine Daily Inquirer, The Philippine Star and Manila Bulletin) from June 14 to 25 showed that media did not check existing laws against loitering a crime nor was there any mention of the potential for human rights violations in the implementation of the president’s order.

Reporting the crackdown

As in the coverage of the drug war, the human rights perspective emerged as a mere reaction to the human rights abuses and illegal arrests that occurred.

From June 14 to 17, most reports focused on arrest counts. But some reports reminded everyone that loitering had been de-criminalized by an amendatory legislation, questioning the legal basis of the police arrests.

Cheers!

Happily, some media recalled this significant legal amendment.

On June 18, Aksyon called to mind the past laws which prohibited loitering, pointing out that President Benigno Aquino III responded to concerns about  arbitrary arrests warranted in Article 202 (Vagrants and Prostitutes) of the Revised Penal Code, overturning this provision with RA 10158 (An Act Decriminalizing Vagrancy) (“EXPLAINER | Tambay”).

News.ABS-CBN.com reported on the same day Sen. Francis Pangilinan’s reminder of the amendment, urging the PNP to study the law, saying they should “follow the law and not the order to disobey it” (“Pangilinan tells PNP: Loitering not a crime”).

On June 21, Manila Bulletin reported how Sen. JV Ejercito Estrada said that PNP rushed to enforce the president’s order without informing the public of the policy’s parameters. Estrada added that PNP should delegate the task to barangay or local officials who are most familiar to the community (“JV Ejercito urges police to clarify guidelines on ‘anti-tambay’ policy”).

CMFR also cheers the few exceptions that reported on human rights at the onset of the issue. Online news sites Rappler and InterAksyon published explainers that discussed the president’s order and how it tends to violate civil liberties because there is no clear definition of “tambay” which ran on June 18 and 21 respectively (“What you should know: Duterte administration’s crackdown on ‘tambays’,” “Why Duterte’s ‘anti-tambay’ directive can be concerning”).

Meanwhile, on June 19 and 25 respectively, news.ABS-CBN.com and PhilStar.com published reports on rights, instructing the public and how to assert for them. On June 21, Aksyon also aired a similar report that explained how to deal when apprehended by police for alleged violations (“Can you resist ‘tambay’ arrest? PNP says cooperate but know your rights,” “What you should do if cops pick you up in Duterte’s ‘tambay’ crackdown,” “EXPLAINER | Know Your Rights”).

Questionable arrests

With reports reminding the police that loitering had been decriminalized, PNP issued a statement justifying the president’s campaign, saying that they were implementing local ordinances, not national laws.

Most reporters were satisfied with just repeating this justification, without specifying what local ordinances in different jurisdictions were being implemented as they followed the president’s order.

It was only after the death of Genesis Argoncillo, while in detention, amid growing public protest, did media reflect a broader perspective on the issue, picking up the views of concerned lawmakers and human rights groups. These stressed the lack of legal basis for arresting people for sitting or standing, or gathering in the streets or other open space.

PNP was under fire for a string of questionable and warrantless arrests, dutifully reported by the media.  In Makati City, two call center agents were arrested while waiting outside their friend’s house. Meanwhile in Quezon City, another man was also arrested for standing on his doorstep shirtless. (“SAKSI: Call center agent nanapagkamalang tambay, ikinulong,” “NCRPO Chief: QCPD went too far in nabbing a shirtless man outside his house”).

The final blow was the scandalous death of Argoncillo, a 25-year old detainee who was arrested for being outside without a shirt on. The victim was pronounced dead on June 19; and the PNP first claimed it was due to “lack of breath” due to congestion.

But Rappler detailed witness’ accounts of the victim mauled and while the police checked the cell, they “left without noticing that Argoncillo was gasping for breath” (“How Genesis Argoncillo died, according to fellow detainees”).

The indignity of Argoncillo’s death moved media to shift its focus to human rights.  Reports began to cite positions and statements of human rights groups and lawmakers critical of the campaign. CHR called for the suspension of the drive, while lawmakers called for a probe of the arrests. (“CHR urges police to suspend ‘tambay’ crackdown,” “Makabayan bloc seeks probe into PNP’s ‘illegal arrest’ of 7,000 ‘tambays’,” “ Senator Bam Aquino, House lawmakers, seek probe of anti-tambay policy”).

Duterte’s Flipflop

Before Argoncillo’s death, the president had stood his ground about ordering a crackdown. He slammed critics of his anti-tambay campaign, warning human rights advocates not to interfere with his policy, “Itong human rights, do not tell me what to do” (“Duterte blasts critics of anti-tambay order“).

But Duterte pulled back from his position as the death and other cases drew flak. On June 20, GMA News Online reported that he claimed no arrests were made in a speech, “Wala naman inaaresto. I just don’t want you using the streets to loiter” (“Duterte on anti-tambay order: ‘Wala naman inaaresto’”).

On June 22, Inquirer.net reported that Duterte also claimed that he never ordered the arrest of ‘tambays.’ Referring to his critics, he said, “Those sons of b****es were not listening. I never said, ‘arrested.’ But if you are drinking in the alley, in the squatters area and making a living room out of the road there, you’ll really get nabbed” (“Duterte: I did not order ‘tambay’ arrests”).