Local execs face raps for protocol violations — DoJ

Barangay captains who fail to enforce existing rules against mass gatherings may be charged under the provision of the Revised Penal Code (RPC).

Justice Undersecretary Emmeline Aglipay Villar pointed this out yesterday in response to queries on what violation barangay chairmen could face if found remiss on their duty to enforce safety protocols in their respective jurisdictions.

The DoJ official said the violation may fall under dereliction of duty under the RPC.

Section one as defined in RPC, states dereliction of duty and as per Article 208, prosecution of offense; negligence and tolerance.

The said provisions of the law carry a penalty of prision correccional in its minimum period and suspension will be imposed upon any public officer, or officer of the law, who in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses.
Villar said aside from the RPC provision, the violation may also fall under Section 6 (a) of Bayanihan Law republic Act 11469.

Section 6 of the Bayanihan law states that in addition to acts or commissions already penalized by existing laws, the offenses shall be punishable with imprisonment of two months or a fine of not less than P10,000 but not more than P1 million, or both, such imprisonment and fine, at the discretion of the court.

To recall, President Rodrigo Duterte has announced during his televised public address that barangay leaders will be the first ones arrested if they fail to prevent mass gatherings in their areas.
The order of the President to the police came after a pool party that occurred in Quezon City on Mother’s Day wherein many have been infected.

“I’m ordering the police to arrest the barangay captain and bring him to the station. Investigate him for dereliction of duty, having failed to enforce the law,” Duterte said.