Aside from the Revised Penal Code provision on dereliction of duty, the Department of Justice said barangay captains who will allow super spreader events to take place in their respective areas will also be held accountable for violating the Local Government Code and the Bayanihan to Heal As One Act.
Justice Undersecretary Adrian Sugay said the guideline for the arrest of barangay captains was contained in the joint memorandum circular crafted by the DOJ and the Department of Interior and Local Government.
“The guidelines provide that the DILG shall hold accountable all local government officials for violation of, among others, the Local Government Code, Revised Penal Code, and R.A. No. 11469 (Bayanihan 1) for failure to enforce all relevant guidelines, laws, and ordinances,” Sugay told ABS-CBN News.
The memorandum, which was signed by DOJ Sec. Menardo Guevarra yesterday, will be transmitted to the DILG secretary and the Philippine National Police chief for their signatures.
President Rodrigo Duterte earlier cited the provision on dereliction of duty under the RPC to justify the arrest of barangay captains who will fail to stop events that violate existing health protocols similar to pool parties and drinking sessions recorded in Caloocan City, Quezon City and Bulacan that left at least 70 people and counting positive for COVID-19.
"To our policemen, you are put on notice: the first person to be arrested is the barangay captain as a person of authority. If another super spreader event happens, arrest the barangay captain for dereliction of duty and failure to implement the law under the Revised Penal Code. The first one in the police lineup should be the barangay captain," the commander-in-chief said.
Meanwhile, the House of Representatives committee on appropriations late Friday approved the substitute bill extending the validity of Bayanihan 2.
The committee headed by ACT-CIS party-list Rep. Eric Yap approved the substitute bill to House Bills 9196 and 9356 extending the validity of the Bayanihan to Recover as One Act until December 31 of this year.
Initially, the Bayanihan 2 was valid only on December 19, 2020. But Republic Act 11519, signed in January, extended the validity of the appropriations until June 30, 2021.
The Department of Budget and Management said it already released the funds under the Bayanihan 2 to all implementing agencies.
