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Can lawmakers be arrested for distributing ivermectin? Up to law enforcers, says justice chief

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Mike Navallo, ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="http://sa.kapamilya.com/absnews/abscbnnews/media/2021/news/04/29/20210429-covid-19-ivermection-distribution-balara-md-5-s_1.jpg"/><figcaption>Lawmakers lead distribution of Ivermectin to residents of Barangay Old Balara in Quezon City on Thursday. Mark Demayo, ABS-CBN News</figcaption></figure></div>MANILA — Justice Secretary Menardo Guevarra said Thursday it was up to law enforcers to decide whether or not they would arrest 2 lawmakers distributing ivermectin, which is not registered for human use nor for COVID-19 treatment in the Philippines.“Call &#x27;yan ng (It&#x27;s the call of) law enforcement agents,” he told reporters when asked if there is basis for a warrantless arrest as they were supposedly in the act of violating the law.Anakalusugan Party-list Rep. Mike Defensor and Sagip Party-list Rep. Rodante Marcoleta on Thursday <a href="https://news.abs-cbn.com/news/04/29/21/2-lawmakers-give-out-free-ivermectin-to-qc-residents">distributed ivermectin</a> to residents of Quezon City.Guevarra, on ANC’s Headstart, said the distribution of ivermectin “apparently violates the FDA law.”<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/04/29/21/doj-skeptical-over-exemptions-made-for-solons-to-distribute-ivermectin-to-treat-covid">Solons&#x27; ivermectin distribution does not have &#x27;sound legal basis&#x27;: DOJ</a></li></ul>Republic Act No. 3720, as amended by RA 9711 or the FDA Act of 2009, prohibits the manufacture, importation, exportation, sale, offering for sale, distribution, transfer, non-consumer use, promotion, advertising, or sponsorship of any health product that is adulterated, unregistered or misbranded.It also prohibits the manufacture, importation, exportation, sale, offering for sale, distribution, transfer, non-consumer use, promotion, advertisement, or sponsorship of any health product which, although requiring registration, is not registered with the FDA.The law imposes jailtime on violators of between 1 year and 10 years and fines ranging from P50,000 to P5 million, depending on the level of involvement.Under the Rules of Court, meanwhile, warrantless arrest is valid only on 3 occasions:<ul>	<li>If a suspect is caught in the act of committing crime</li>	<li>Hot pursuit (offense has just been committed and police has probable cause based on personal knowledge to believe person committed it)</li>	<li>Arrest of escaped prisoner</li></ul>Guevarra earlier said Defensor, as a lawmaker, should be aware of what acts are allowed and prohibited under the law.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/04/06/21/guevarra-on-ivermectin-defensor-should-know-whats-allowed-prohibited-under-fda-law">Guevarra on ivermectin: Defensor should know what’s allowed, prohibited under FDA law</a></li></ul>On Thursday, however, Guevarra acknowledged there were 2 exemptions cited by FDA Director General Eric Domingo: through compassionate use authorization, and when it is compounded by duly licensed pharmacies. In both cases, these should be supported by a doctor&#x27;s prescription.“So, if Rep. Defensor and Rep. Marcoleta&#x27;s act of distributing ivermectin would fall under any of these two situations, it would appear that they can put this up as a defense just in case a complaint is filed,” he said.But Guevarra said the legal basis for the 2 exceptional situations was “not clear,” saying he will defer his answer if warrantless arrest can be made.&quot;Personally I&#x27;m not too sure whether these 2 exceptions cited by the FDA director general have a sound legal basis. That is something for further study. I’m not too sure about the soundness of the legal basis for the exemptions,&quot; he told Headstart.&quot;I wouldn’t really blame Representatives Defensor and Marcoleta if they would proceed . . . They’re well-meaning in what they want to do. The legal consequences is something for us to see at a future time,” he added.In Defensor&#x27;s and Marcoleta&#x27;s distribution of ivermectin on Thursday, recipients were asked to sign an ivermectin request form with a waiver of liability.But a waiver does not extinguish criminal liability, Guevarra said.&quot;In general, a criminal offense is committed against the People of the Philippines and not just against a particular person (except in private offenses such as adultery). So that person&#x27;s waiver does not extinguish any criminal liability, assuming such liability has been independently established,&quot; he added.<figure class="op-interactive"><iframe allow="autoplay; fullscreen" frameBorder="0" height="100%" id="ivsplayer01" scrolling="no" src="https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&amp;key=e8c22c015ca9eafa76f1e3edfa03c603&amp;spid=3001339&amp;vid=1674009" width="100%"></iframe></figure><div class="iwantbar">Watch more in <a href="//www.iwantv.com.ph/">iWantv</a> or <a href="//tfc.tv/">TFC.tv</a></div><div>DOJ’S TRACK RECORD ON WARRANTLESS ARRESTS</div>Guevarra, in July 2019, warned Kapa Community Ministry International officials and members that they could face arrests without warrant if they continued to sell investments without a license.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/07/02/19/justice-chief-warns-kapa-of-warrantless-arrest">Justice chief warns Kapa of warrantless arrest</a></li></ul>In May 2019, DOJ prosecutors justified the warrantless arrest of Bikoy video-sharer Rodel Jayme not only as hot pursuit, but also saying that the offense was still being committed at the time of his arrest, effectively making the offense a continuing crime.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/05/06/19/doj-indicts-bikoy-video-sharer-for-inciting-to-sedition">DOJ indicts &#x27;Bikoy&#x27; video sharer for inciting to sedition</a></li></ul>The DOJ also said last year, at the start of the COVID-19 lockdown, that quarantine violators can be immediately arrested without a warrant, only to call for community service instead of arrests and fines a year later.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/spotlight/03/18/20/luzon-lockdown-as-doj-threatens-arrest-public-health-expert-calls-for-psychosocial-support">Luzon lockdown: As DOJ threatens arrest, public health expert calls for psychosocial support</a></li>	<li><a href="https://news.abs-cbn.com/news/04/06/21/doj-community-service-not-jail-time-or-fines-for-quarantine-violators">DOJ: Community service, not jail time or fines, for quarantine violators</a></li></ul>The NBI last year arrested without warrant teacher Ronnel Mas who offered a bounty on social media for the President&#x27;s life. Prosecutors initially ruled his arrest was illegal but his subsequent media confession cured the illegality. <ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/05/15/20/prosecutors-teachers-warrantless-arrest-over-duterte-rant-invalid-but-media-confession-justifies-detention">Prosecutors: Teacher&#x27;s warrantless arrest over Duterte rant invalid, but media confession justifies detention</a></li></ul>But an Olongapo court rejected this position and found Mas’ arrest illegal.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/06/25/20/ronnel-mas-sedition-charge-dropped-duterte-threat">Court drops inciting to sedition rap vs teacher over anti-Duterte post</a></li></ul>Prosecutors also junked a re-filed complaint against Mas due to the NBI’s failure to present additional evidence that he tweeted the controversial post.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/02/20/21/prosecutor-junks-second-sedition-rap-vs-teacher-over-duterte-bounty-tweet">Prosecutor junks second sedition rap vs teacher over Duterte bounty tweet</a></li></ul>The DOJ, meanwhile, had ruled out warrantless arrest over Sen. Koko Pimentel&#x27;s alleged quarantine breach when he went to a hospital with his wife despite undergoing a COVID-19 test, which turned out positive. <ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/03/25/20/doj-no-grounds-yet-to-launch-investigation-into-pimentels-quarantine-breach">DOJ: No grounds yet to launch investigation into Pimentel’s quarantine breach</a></li></ul>The DOJ eventually junked the complaint vs. Pimentel.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/01/21/21/doj-junks-complaint-vs-koko-pimentel-over-alleged-quarantine-breach">DOJ junks complaint vs Koko Pimentel over alleged quarantine breach</a></li></ul>

MANILA — Justice Secretary Menardo Guevarra said Thursday it was up to law enforcers to decide whether or not they would arrest 2 lawmakers distributing ivermectin, which is not registered for human use nor for COVID-19 treatment in the Philippines.

MANILA — Justice Secretary Menardo Guevarra said Thursday it was up to law enforcers to decide whether or not they would arrest 2 lawmakers distributing ivermectin, which is not registered for human use nor for COVID-19 treatment in the Philippines.

Can lawmakers be arrested for distributing ivermectin? Up to law enforcers, says justice chief

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Can lawmakers be arrested for distributing ivermectin? Up to law enforcers, says justice chief

Mike Navallo,

ABS-CBN News

Published Apr 29, 2021 02:10 PM PHT

Read More:

Department of Justice

DOJ

Menardo Guevarra

Mike Defensor

Rodante Marcoleta

FDA law

ivermectin

warrantless arrest

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