Imee Marcos wants to penalize violators of prohibited acts during a state of public health emergency
President
Rodrigo Duterte issued Presidential Proclamation No.
922 dated March 8, 2020, declaring the entire country under a
state of public health emergency due to COVID-19 pandemic.
Consequently,
various measures have been adopted by the government in an effort to decrease the
risk of possible transfer of the novel and deadly virus.
The
Congress, for its part, enacted Republic Act No. 11469 or the “Bayanihan to
Heal as One Act”, granting stand-by powers to the President to carry out effectively
the national policy of stopping the spread of the coronavirus virus.
It
also contained provisions indicating punishable acts that a person may be held
liable for during its effectivity, or until 25 June 2020.
Now,
Senator Imee Marcos
filed Senate Bill No. 1932, or an act penalizing persons who shall commit
prohibited acts during a state of public health emergency.
The
bill seeks to reinstate as punishable the acts mentioned In Republic Act No.
11469 in order to serve as a legal basis for the arrest and/or sanctions being imposed
on persons, following the basic principle in criminal law, “nullum crimen/ nulla poena sine lege”
which means “there is no crime if
there is no law punishing it.”
Marcos
said, the Congress passed into law
Republic Act No. 11494 or the “Bayanihan to Recover
as One Act” shall be effective until 19 December 2020.
“However, unlike Republic Act No. 11469, it
does not include punishable acts that a person may be held liable for but may
be inclined to do due to the peculiar circumstances brought about by the
pandemic.” she added.
In
her proposed bill, the prohibited acts or unlawful acts are:
1) Disobey national
government policies or directives in regard to quarantine impositions;
2) Privately-owned
hospitals, medical and health facilities including passenger vessels and other
establishments to unjustifiably refuse to operate pursuant to the directive of
the President;
3) Engage in hoarding,
profiteering, injurious speculations, manipulation of prices, product
deceptions and cartels, monopolies or other combinations in restraint of trade
or other pernicious practices affecting the supply, distribution of the following
goods and items, as required in agriculture, industry and other essential
services, and other articles of prime necessity, whether imported or locally
produced or manufactured;
4) Refuse to prioritize and
accept contracts for materials and services necessary to promote the declared
national policy;
5) Refusal of banks,
quasi-banks, financing companies, lending companies and other financial
institutions, public or private, to implement a minimum thirty (30) day grace
period for payment of all loans falling due within the period of the enhanced
community quarantine without incurring interests, penalties, fees or other
charges;
6) Creating, perpetrating,
or spreading false information regarding the crisis on social media and other
platforms, such information having no valid or beneficial effect on the
population, and are clearly geared to promote chaos, panic, anarchy, fear, or
confusion; and those participating in cyber incidents that make use or take
advantage of the current crisis situation to prey on the public through scams,
phishing, fraudulent emails, or other similar acts;
7) Failure to comply with
reasonable limitations on the operation of certain transportation sectors or
sectors, whether land, sea or air, be it private or public; and
8) Impeding access to roads,
streets and bridges; putting- up prohibited encroachments or obstacles; and
maintenance of illegal constructions in public places that have been ordered to
be removed.
Any
person Any found violating the said prohibited acts shall suffer the penalty of
two (2) months or a fine of not less
than Ten thousand pesos (Php10,000.00)
but not more than One Million Pesos (Php1,000,000.00) or both, at the
discretion of the court.