MIDTERMS WRITTEN OUTPUT

-
Whether or not those who violate health
protocols can be validly detained without an
ordinance for the same

By: Edsel Ian S. Fuentes

JD-NT 1

Legal Writing 1L-M6

Schedule: 6:00-8:00 PM WED

Submitted to: Atty. Ella Mae Mendoza

Submitted on: March 17,2021
 Whether or not those who violate health
protocols can be validly detained without an
ordinance for the same
1.The Madman
(Brainstorming without Filter)

Covid-19 also known as Coronavirus disease 2019 is a Global Pandemic

that started in Wuhan, China that infected and killed millions of people worldwide. The
said disease can attack almost any part of the body with devastating consequences. It is
a Fatal disease with a high mortality rate compared to other viral infections. It is an
airborne disease which can be passed through from a person to person with or without
physical contact, which makes the spreading of this disease fast compared to HIV and
other deadly disease. In response to stop the spread of corona virus, the Philippine
Government has implemented different safety measures and health protocols in stopping
the spread of Covid-19. GCQ, ECQ, MECQ, and other community quarantine orders
have been implemented to control the public to stay at home and limit their liberty
dramatically. In the different Quarantine measures, All people must stay at their homes,
must not go out in their respective barangays and municipalities, and maintain Social
distancing at all times to prevent the spread of COVID-19. All individuals also are
mandated to wear facial mask and shield always and violators shall be penalize
accordingly. Unfortunately a lot of individuals have refused to follow mandatory measure
to contain the spread of Covid-19.Thus, threatening the health of the public. Sec. 1 of
Art. III Bill of rights provides that no person shall be deprived of ,life, liberty or property
without due process of law. Even those who violated the health protocols are entitled to
this right since the charter of liberty is a fundamental Law that shall be vested to all people
equally. However , The police power of the state can be validly exercises provided that it
promotes the general welfare of the public. But the question at hand is whether or not
those who violate health protocols can be validly detained. This clearly implies that the
due process of law is not present from the word” detained” which means no court hearing
or whatsoever will happen. The only basis of the detention is the violation of health
protocols which will be solely determined only by the authorities in the front lines with their
own discretion. In order to completely answer this Question, one must understand section
15 of Art.III bill of right. Which provides that the privilege of the writ of habeas corpus shall
not be suspended except in cases of invasion or rebellion when the public safety requires
it. Although public safety is threatened by those who violate the health protocols, it won’t
simply suffice as grounds for suspension of the privilege of the writ of habeas corpus.
Only in cases of rebellion and invasion the said suspension shall be reasonable and valid.
The appropriate measure to deter those violators and future violators alike is to penalize
them financially or other appropriate punishment proportional to their wrongful act
committed. With all that said, Those who violate health protocols cannot be validly
detained without an ordinance for the same because it is simply UNCONSTITUTIONAL
and violates Section 1 of the bill of rights by detaining violators of health protocols without
the due process of law.
 2.The Architect
(Writing planning and Structure)

COVID-19, Why should it be prevented through

various safety measures and health protocols
Covid-19 also known as Coronavirus disease 2019 is a Global Pandemic
that started in Wuhan, China that infected and killed millions of people worldwide. The
said disease can attack almost any part of the body with devastating consequences. It is
a Fatal disease with a high mortality rate compared to other viral infections. It is an
airborne disease which can be passed through from a person to person with or without
physical contact, which makes the spreading of this disease fast compared to HIV and
other deadly disease. In response to stop the spread of corona virus, the Philippine
Government has implemented different safety measures and health protocols in stopping
the spread of Covid-19. GCQ, ECQ, MECQ, and other community quarantine orders
have been implemented to control the public to stay at home and limit their liberty
dramatically. In the different Quarantine measures, All people must stay at their homes,
must not go out in their respective barangays and municipalities, and maintain Social
distancing at all times to prevent the spread of COVID-19. All individuals also are
mandated to wear facial mask and shield always and violators shall be penalize
accordingly.

Violators are a threat to the health of the public and the

# 1 problem of the Frontline Authorities. How should they be
legally dealt with?

Unfortunately a lot of individuals have refused to follow mandatory measure to

contain the spread of Covid-19.Thus, threatening the health of the public. Sec. 1 of Art.
III Bill of rights provides that no person shall be deprived of ,life, liberty or property without
due process of law,nor shall any person be denied the equal protection of laws. Even
those who violated the health protocols are entitled to this right since the charter of liberty
is a fundamental Law that shall be vested to all people equally. However, The police
power of the state can be validly exercises provided that it promotes the general welfare
of the public. But the question at hand is whether or not those who violate health protocols
can be validly detained. This clearly implies that the due process of law is not present
from the word” detained” which means no court hearing or whatsoever will happen. The
only basis of the detention is the violation of health protocols which will be solely
determined only by the authorities in the front lines with their own discretion.
 The Constitutional Rights of the Violators guaranteed by
the charter of Liberty, and when can the suspension of the writ
of habeas corpus be valid,
In order to completely answer this Question, one must understand section 15 of
Art.III bill of right. Which provides that the privilege of the writ of habeas corpus shall not
be suspended except in cases of invasion or rebellion when the public safety requires it.
Although public safety is threatened by those who violate the health protocols, it won’t
simply suffice as grounds for suspension of the privilege of the writ of habeas corpus.
Only in cases of rebellion and invasion the said suspension shall be reasonable and valid.
The appropriate measure to deter those violators and future violators alike is to penalize
them financially or other appropriate punishment proportional to their wrongful act
committed. With all that said, Those who violate health protocols cannot be validly
detained without an ordinance for the same because it is simply UNCONSTITUTIONAL
and violates Section 1 of the bill of rights by detaining violators of health protocols without
the due process of law.

3.The Builder/Carpenter
(First Draft)

My side to the legal issue is Negative. Those who violate various health protocols
cannot be validly detained without an ordinance for the same. It is completely
unconstitutional by violating the fundamental law through detaining violators without due
process of law.

Sec. 1 and Sec. 15 of Art. iII of the Bill of rights provides as follows:

SEC. 1. – No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.

SEC. 15.- The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public safety requires it.

In the said circumstance, The actions committed by the violators will not suffice to
the suspension of the writ of habeas corpus. Therefore, the violators of health protocols
cannot be validly detained without an ordinance of the same without the due process of
law. Detention of the violators is tantamount to illegal detention by violating Section 1 of
Art. III, which is deemed Unconstitutional.
4.The Judge
(Final, Revised, and Polished Output)

No, Violators of various health protocols cannot be validly detained without an

ordinance of the same because it is unconstitutional to detain violators without the due
process of Law.

Art III. SEC. 1 of the Philippine Constitution provides that No person shall be
deprived of life, liberty, or property without due process of law, nor shall any person be
denied the equal protection of the laws. SEC. 15 of the same Article abovementioned
provides that the privileged of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public safety requires it.

In the issue abovementioned, The threat caused by the violators to public safety
will not suffice to the valid suspension of the privilege of the writ of habeas corpus. Only
in the presence of Rebellion or invasion will give validity of the said suspension.
Therefore, Violators cannot be validly detained without an ordinance of the same and due
process of law because such detention is unconstitutional by violating SEC. 1 Art III. of
the Bill of Rights.