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PH must follow Vietnam example in punishing quarantine violators like Gwynette Chua

January 4, 2022 Alfred P. Dalizon 365 views

Alfred DalizonI’M referring to examples set by Vietnam last year when it comes to going after quarantine violators. This time, the Gwynette Anne Chua incident should be turned into a ‘landmark case’ by our government to warn future quarantine offenders that their offense won’t be taken lightly as we continue to fight the deadly virus.

Consider these reports from Vietnam in 2021. One Le Van Tri,28, was convicted of ‘spreading dangerous infectious diseases’ at a one-day trial at the People’s Court of the southern province of Ca Mau and was sentenced to five years in prison for breaking strict COVID-19 quarantine rules and spreading the virus to others.

It turned out that Tri traveled back to Ca Mau from Ho Chi Minh City and breached the 21-day quarantine regulations, in the process infecting eight people, one of whom died due to the virus after one month of treatment.

Vietnam has also sentenced two other people to 18-month and two-year suspended jail terms on the same charges. One of them identified as flight attendant Duong Tan Hau,29, was handed a 2-year suspended jail term after being found guilty of committing the same offense.

It turned out that Hau had mingled with other people during a stint in state quarantine and visited cafes, restaurants and attended English classes while he was supposed to be self-isolating after testing positive for COVID-19.

Hau’s violations resulted in the quarantine and testing of about 2,000 other people in the city at a cost of 4.48 billion dong (US$194,192), the indictment said. The Vietnamese media said he had infected at least three other people. “Hau’s violation was serious, put society in danger and endangered the safety of the community,” a Vietnam government statement said.

On Monday, I met the hardworking officers and men of the National Capital Region Field Unit of the PNP Criminal Investigation and Detection Group who were all busy investigating the Chua quarantine breach while majority of Filipinos are welcoming the New Year with their families at the confines of their homes.

Led by Colonel Glenn Silvio of PNP Academy Class 1997, the CIDG-NCRFU investigators worked round-the-clock to gather solid pieces of evidence and witnesses that will bolster the filing of criminal charges against Chua and eight others for violation of Republic Act 11332 leading to the spread of the COVID-19 virus.

The PNP-CIDG headed by Major General Bert Ferro reported to PNP chief, General Dionards Carlos that apart from Chua, to be charged are her father and mother and several personnel of the Berjaya Makati Hotel who allowed the former to leave the hotel-quarantine facility last December 22.

“As for the individuals who were in the company of Gwyneth Anne Chua on the night of December 23, 2021 and were allegedly infected by the virus, CIDG did not find sufficient evidence to charge them with any offense in relation to the violations committed by Ms. Chua,” the official said. However, Ferro encourage them to file a complaint against Chua before their office for further referral to the Makati City Prosecutor’s Office.

The CIDG-NCRFU managed to establish the fact relative to the quarantine breach. Prior to the CIDG probe, it was initially reported that Chua arrived at the Ninoy Aquino International Airport Terminal 1 from the United States in the evening of December 22, 2021 and was supposed to be quarantined at Berjaya Hotel located at 7835 Makati Avenue corner Eduque Street in Poblacion, Makati City.

The following evening, reports said that she was allegedly seen dining with several acquaintances at Kampai Bar & at Mijo Comfort Food, both located at Poblacion, Makati City after allegedly, “escaping” from the hotel confinement.

After a careful investigation of the case, the CIDG-NCRFU established the following facts: First, Ms. Chua arrived at the Berjaya Hotel at 11:23 p.m. last December 22 but 17 minutes later, she was fetched from the same hotel by her own father and went to their Caloocan City resident on board an SUV.

CIDG-NCRFU investigators confirmed the presence of Ms. Chua on one of the restaurants on the night of December 23, 2021 through CCTV footages and witnesses’ accounts. Chua stayed at the Kampai Bar until 2 in the morning. Around 9 p.m. last Christmas Day, Ms. Chua returned to the hotel assisted by her mother.

Silvio told me that being a Returning Filipino Overseas (RFO), Chua is obliged to follow the health protocol being imposed by the Inter-Agency Task Force for the Management of Emerging Infectious Diseases and the Department of Health.

Thus, her action of leaving the quarantine facility and disregarding the quarantine procedure violated Rule XI Section 1 (g) (iii), (iv) of the IRR of RA 11332 otherwise known as the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act.

Let’s give credit to the CIDG-NCRFU men who gathered the evidence including CCTV footages and took the witnesses’ statements with the cooperation of the concerned establishments.

RA 11332 carries the penalty of a fine of not less than P20,000 but not more than P50,000 or imprisonment of not less than one month but not more than six months or both such fine and imprisonment at the discretion of the court.

As of yesterday, Chua is yet to give her official statement to CIDG investigators since she is currently being isolated inside a Manila-based small hotel-turned quarantine facility after an RT-PCR test showed she was positive for COVID-19 last December 26.

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