Guidelines for Anti-‘tambay’ or Oplan RODY
The Oplan RODY (Rid the Streets of Drunk and Youths) needs a clear-cut guideline for its implementation. This anti-tambay or anti bystanders and loiterers was issued back in 2016, however, only a few places in the Philippines has taken action.
Oplan RODY – good or bad?
According to the PNA (Philippine News Agency), the CHR field investigator stressed that clearing the streets of “tambays” (bystanders and loiterers) has good intentions but there could be repercussions in the absence of guidelines, even as the police can always invoke the anti-vagrancy law and other laws if they would be challenged in court.
Dr. Jesus Cañete of CHR Negros Oriental asked whether being a bystander is now a crime, stressing that it should be clearly defined, so that both law enforcers and the individuals being sought for under this order could be guided accordingly and that the law enforcer could avoid making his own judgment.
In the absence of clear-cut guidelines, ‘operation tambay’ is open to possibilities of human error at the expense of our constituents,” Dr. Jesus Cañete said.
The CHR official also cautioned law enforcers against the provisions of the so-called “plain view doctrine and illegal searches” that these could be done incidentally to a lawful arrest.
He agreed to the good intention of the order, in line with the peace and order campaign of the city when it comes to the real loiterers, who cannot produce identification cards when confronted by law enforcers.
Superintendent Jonathan Pineda, chief of police of Dumaguete City, the provincial capital of Negros Oriental, said they have started implementing the order, conducted checkpoints starting at 10 p.m., as well as rounding up joints for minors, including “tambays.”
In fact, he said they recently arrested a suspected drug peddler in Looc, Dumaguete City during an anti-tambay operation.
He said their Oplan RODY is three-pronged: to check on unregistered motor vehicles, unlicensed drivers and possible carrying of firearms; implement the curfew ordinance, and to implement the anti-vagrancy law.
