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Bayan Muna seeks probe into drive vs. tambay, death of one in custody


A party-list group is seeking an investigation into the mass apprehension of tambay (idlers) around Metro Manila, including the death of one while in the custody of the Quezon City Police.

Bayan Muna Representative Carlos Zarate, and Party chairman Neri Colmenares in a statement on Thursday condemned the death of Genesis Argoncillo alias "Tisoy," who was arrested by Quezon City Police District Station 4 personnel last Friday and was found dead in a detention cell of the Novaliches Police Station.

"This is really condemnable considering that Tisoy was just supposedly sitting near his house when he was arrested by the police. There is no reason to arrest him in the first place even if they use the Civil Code for public nuisance," Zarate said.

"We are calling for a congressional investigation on what happened to Tisoy and on this supposed 'anti-tambay' campaign," he added.

Argoncillo was arrest for supposedly being shirtless when buying cellphone load at a store, his family claimed.

But the police said Argoncillo was nabbed for "alarm and scandal" after causing a commotion and challenging people to a fight.

Zarate, however, pointed out that Argoncillo's actions do not fall under the categories of nuisance under the Civil Code.

Article 694 of the Civil Code defines nuisance as an act, omission, establishment, business, condition of property, or anything else which:

  • Injures or endangers the health or safety of others; or
  • Annoys or offends the senses; or
  • Shocks, defies or disregards decency or morality; or
  • Obstructs or interferes with the free passage of any public highway or street, or any body of water; or
  • Hinders or impairs the use of property.

His sister said Argoncillo disclosed to her during a visit to the police station that he was mauled by other inmates.

On Tuesday morning, Argoncillo's sister went to the station again to post bail for her brother but was told he was brought to the hospital because of difficulty in breathing.

Argoncillo was declared dead on arrival at the hospital.

"He certainly does not deserve to be arrested or killed for sitting near his house," Zarate said.

Colmenares said the government's "anti-tambay" campaign is reminiscent to the curtailment to the freedom of movement and assembly during the Marcos regime.

"Wala daw dapat naaaresto sa kampanyang ito pero sabi mismo ng pulis na mahigit pitong libo na ang nahuhuli nila. There is no law that allows them to arrest a 'tambay,'" he said.

"Sa halip na mga tambay ang pinag-iinitan nila ay ayusin nila ang kawalan ng trabaho sa bansa para mawala ang mga tambay," he added.

The Quezon City Police District, however, denied allegations of Tisoy's family that he was mauled, saying that his body bore no signs of injuries.

Police claimed that Tisoy experienced shortness of breath and was rushed to a hospital, but died before arrival. 

But Tisoy's sister claimed they found bruises in his body. —LBG, GMA News

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