Crimes Punished in Bayanihan to Heal As One Act
On March 24, 2020, the Philippine President, Rodrigo Roa Duterte, signed into law Republic Act No. 11469 or otherwise known as "Bayanihan to Heal As One Act". It is act declaring the existence of a national emergency arising from the coronavirus disease 2019 (COVID-19) situation and a national policy in connection therewith, and authorizing the President of the Republic of the Philippines for a limited period and subject to restrictions, to exercise powers necessary and proper to carry out the declared national policy and for other purposes.
This law also enumerates criminal acts. Thus:
Sec. 6. Penalties. In addition to acts or omissions already penalized by existing laws, the following offenses shall be penalized by existing laws, the following offenses shall be punishable with imprisonment of two (2) months or a fine of not less than Ten Thousand Pesos (P10,000.00) but not more One Million Pesos (P1,000,000.00), or both, such imprisonment and fine, at the discretion of the court:
a. LGU officials disobeying national government policies or directives in imposing quarantines;
b. Owners and possessors of privately-owned hospitals, medical and health facilities, including passenger vessels, and other establishments who unjustifiably refuse to operate pursuant to the directive of the President;
c. Engaging 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 and movement of food, clothing, hygiene and sanitation products, medicine and medical supplies, fuel, fertilizers, chemicals, building materials, implements, machinery equipment and spare parts required in agriculture, industry and other essential services, and other articles of prime necessity, whether imported or locally produced or manufactured.
d. Refusal to prioritize and accept contracts for materials and services necessary to promote the herein declared national policy;
e. Refusal to provide thirty (30) - day grace periods provided under Section 4;
f. Individuals or groups creating, perpetrating, or spreading false information regarding the COVID-19 crisis on social media and other platforms, such information having no valid of 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 situation to prey on the public through scams, phishing, fraudulent emails, or other similar acts;
g. Failure to comply with reasonable limitations on the operation of certain transportation sector or sectors, whether land. sea or air, be it private or public; and
h. 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;
Provided, however, That if the offender is a corporation, association, partnership or any other juridical person, the penalty shall be imposed upon the president, directors, managers, managing partners,as the case may be, who participated in the commission of the offense or who shall have knowingly permitted or failed to prevent the commission of the same. If the offender is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings: Provided, further, That if the offender is a public official or employee, he shall, in addition to the penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case may be.
This Act shall take effect immediately upon its publication in a newspaper of general circulation or in the Official Gazette and shall be in full force and effect only for three (3) months, unless extended by Congress; Provided, That the powers granted under this Act may be withdrawn sooner by means of a concurrent resolution of Congress or ended by Presidential Proclamation (Sec. 9).
This law also enumerates criminal acts. Thus:
Sec. 6. Penalties. In addition to acts or omissions already penalized by existing laws, the following offenses shall be penalized by existing laws, the following offenses shall be punishable with imprisonment of two (2) months or a fine of not less than Ten Thousand Pesos (P10,000.00) but not more One Million Pesos (P1,000,000.00), or both, such imprisonment and fine, at the discretion of the court:
a. LGU officials disobeying national government policies or directives in imposing quarantines;
b. Owners and possessors of privately-owned hospitals, medical and health facilities, including passenger vessels, and other establishments who unjustifiably refuse to operate pursuant to the directive of the President;
c. Engaging 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 and movement of food, clothing, hygiene and sanitation products, medicine and medical supplies, fuel, fertilizers, chemicals, building materials, implements, machinery equipment and spare parts required in agriculture, industry and other essential services, and other articles of prime necessity, whether imported or locally produced or manufactured.
d. Refusal to prioritize and accept contracts for materials and services necessary to promote the herein declared national policy;
e. Refusal to provide thirty (30) - day grace periods provided under Section 4;
f. Individuals or groups creating, perpetrating, or spreading false information regarding the COVID-19 crisis on social media and other platforms, such information having no valid of 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 situation to prey on the public through scams, phishing, fraudulent emails, or other similar acts;
g. Failure to comply with reasonable limitations on the operation of certain transportation sector or sectors, whether land. sea or air, be it private or public; and
h. 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;
Provided, however, That if the offender is a corporation, association, partnership or any other juridical person, the penalty shall be imposed upon the president, directors, managers, managing partners,as the case may be, who participated in the commission of the offense or who shall have knowingly permitted or failed to prevent the commission of the same. If the offender is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings: Provided, further, That if the offender is a public official or employee, he shall, in addition to the penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case may be.
This Act shall take effect immediately upon its publication in a newspaper of general circulation or in the Official Gazette and shall be in full force and effect only for three (3) months, unless extended by Congress; Provided, That the powers granted under this Act may be withdrawn sooner by means of a concurrent resolution of Congress or ended by Presidential Proclamation (Sec. 9).
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