December 23, 2024

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.