Senator Imee Marcos is pushing for the passage of a bill that will penalize certain acts of individuals or institutions during a state of public health emergency.

Marcos filed Senate Bill No. 1932 to reinstate as punishable the acts enumerated in the lapsed "Bayanihan to Heal as One" or Bayanihan 1 law (Republic Act No. 11469) "to serve as a legal basis for the arrest and/or sanctions being imposed on persons" during a public health emergency.

In filing her proposal, the senator cited "the basic principle in criminal law, 'nullum crimen, nulla poena sine lege' translated as 'there is no crime if there is no law punishing it'."

RA 11469, which expired last June 25, granted the President a special authority to implement policies to address the COVID-19 pandemic and its impacts. This included sanctions for "offenses" committed during the law's effectivity.

The punitive provisions, however, were removed when Congress passed the "Bayanihan to Recover as One" Act (RA 11494) or Bayanihan 2 following reports of abuses and impartiality in its implementation by law enforcers.

During the Senate's plenary discussion on the Bayanihan 2 last June, Senate Minority Leader Franklin Drilon lamented that that the poor were the most prejudiced in the implementation of Bayanihan 1.

Sen. Juan Edgardo "Sonny" Angara also said that the retention of the provisions would deny violators the right to avail of the defense that they acted innocently or without criminal intent because they were "forced" by the COVID-19 situation.

They also said that the prohibited acts listed in the law were already punishable under existing laws.

In Marcos's bill, a penalty of two-month imprisonment or a fine of at least P10,000 but not more than P1 million; or both, at the discretion of thecourt is proposed for the following "unlawful acts":

1. Disobedience to national government policies or directives in regard to quarantine impositions;
2. Refusal by privately-owned hospitals, medical, and health facilities, including passenger vessels and other establishments to operate pursuant tothe directive of the President;
3. Hoarding, profiteering, injurious speculations, manipulation of prices, among others, that will affect the supply, distribution of the goods, and essential services;
4. Refusal to prioritize and accept contracts for materials and services necessary to promote the national policy;
5. Refusal of banks, quasi-banks, financing and lending companies, and other public or private financial institutions, to implement a minimum 30-day grace period for payment of all loans;
6. Creation and spreading of false information regarding the crisis on social media and other platforms, as well as scams, phishing, fraudulent emails, or other similar acts;
7. Failure to comply with reasonable limitations on the operation of certain transportation sectors;
8. Impeding access to roads, streets and bridges; putting up prohibited encroachments or obstacles; and the maintenance of illegal constructions in public places that have been ordered to be removed.
The bill is pending approval at the Senate Committee on Justice and Human Rights.