Default Thumbnail

Penalties for lapses in COVID response urged

April 26, 2021 Ryan Ponce Pacpaco 371 views

DEPUTY Speaker and Citizens Battle Against Corruption (CIBAC) party-list Rep. Eduardo “Bro Eddie” Villanueva together with several of his colleagues have filed a bill which seeks to penalize government negligence and lapses in responding to the on-going coronavirus disease-19 (COVID-19) state of public health emergency.

House Bill (HB) 9230 or the Public Health Emergency Anti-Negligent and Corrupt Practices Act, authored by Villanueva, Deputy Speakers Bienvenido Abante Jr. (Manila, 6th District), Bernadette Herrera-Dy (BH Party-List), and Mikee Romero (1Pacman party-List) and Reps. Domeng Rivera (CIBAC party-list) and Allan Reyes (Quezon City, 3rd District), aims to penalize acts of government negligence, inaction and irresponsibility during a state of public health emergency like the current COVID-19 pandemic.

It also provides for stiffer penalties for certain graft and corrupt practices committed during a state of public health emergency, Villanueva said.

“We should not only penalize acts of corruption, bribery or plunder; we must also deplore and punish inaction and acts that are manifest and imbued with intolerable negligence, irresponsibility, inefficiency and lack of vision especially during times of crisis such as this COVID-19 pandemic. Public officers and employees should neither be corrupt nor negligent. Or else, the public will suffer a great deal of undeserving disservice,” Villanueva said.

“In such times of war against any novel disease or public health threat, acting with swiftness and efficiency and having a clear policy direction are the names of the game by which the government must adhere to. Or else, many lives will suffer and public funds will just be devoured by rent-seeking and scrupulous individuals at the back of the people who are desperately grappling for survival and waiting for the government’s speedy intervention. Worst, inaction and negligence on the part of the government might cost lives – many lives – an asset that will never be recouped anymore,” said Abante.

Among the prohibited acts under House Bill 9230 are the following:

a. Negligence in crafting the necessary government response to the public health emergency;

b. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him/her relative to any issue on public health threat;

c. Negligence in the performance of duty relative to securing needed medicines, vaccines, supplies or facilities necessary in the containment or eradication of public health threat;

d. Delay or causing the delay in the disbursement of public funds intended for public health emergency response of the government;

e. Failure to submit a certified report, within the time allowed, on disbursements made by a government agency or local government unit pursuant to a specific government response program or project;

f. Tampering or non-disclosure of full and complete epidemiological data with the purpose of downplaying the real situation of the state of public health emergency;

g. Gross violation of standard health protocols promulgated by the government; and

h. Entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby;

i. Other similar or analogous acts, provided that these acts were committed in the course of or during a public health emergency.

Commission of the following prohibited acts shall be penalized with imprisonment of not less than five years nor more than twenty years, perpetual disqualification from public office, and confiscation or forfeiture in favor of the government of any prohibited interest and unexplained wealth, according to the measure. Congress is also asked to issue a list of essential and priority government response programs, projects or activities that will be the focus of monitoring and oversight during a state of public health emergency, it said.

In addition, the bill mandates the Office of the Ombudsman to deputize a Special Officer to prioritize and prosecute offenses committed under the measure and ensure the immediate filing and resolution of cases.

The measure tasks the Office of the Ombudsman to submit a report to Congress and to the President a report of all the cases filed during a public health emergency and the corresponding status and/or resolution.

AUTHOR PROFILE