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

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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 'yan ng 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.

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.Guevarra earlier said Defensor, as a lawmaker, should be aware of what acts are allowed and prohibited under the law. "Personally I'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," he told Headstart.

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.

 

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