In response to growing public indignation against alleged government negligence and lapses in addressing coronavirus disease (COVID-19) pandemic, four key officials of the House of Representatives filed a bill proposing to penalize state officials lethargic response to the on-going national public health emergency.
Deputy Speakers Michael L. Romero Ph. D. (1Pacman Partylist); Eddie Villanueva (CIBAC Partylist); Bernadette Herrera (Bagong Henerasyon Partylist) and Bienvenido Abante Jr. (6th District, Manila) co-authored House Bill 9230 that seeks to nudge government officials to act more responsibly and swiftly in addressing the public health needs of Filipinos in times of crises.
Also signing the bill as co-authors were Reps. Domingo Rivera (CIBAC Partylist) and Allan Reyes (PDP-Laban, Quezon City).
Authors of the measure said the bill 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 the crisis.
HB 9230 was filed amid growing public indignation against alleged disorganized and slow response of government officials in addressing the surge in COVID-19 cases in the country. Immediate medical care for affected individuals has been sorely lacking, it was gathered.
Lawmakers said apathy on the part of government workers tasked to respond to the priority needs of the public has become prevalent.
“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,” said Villanueva.
Romero and Herrera agreed that the filing of the bill should be seen as a wake up call for officials to act with vigor and with sincerity in fighting COVID 19.
In filing the bill, authors said: “Public officers and employees should neither be corrupt nor negligent because if government officials are characterized by any of such, the public will suffer a great deal of undeserving disservice.” Under HB 9230, the following act shall be penalized: 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.
Imposable penalties range from imprisonment of no less than five years to not more than 20 years; perpetual disqualification from holding public office and confiscation or forfeiture in favor of government of any prohibited interest and unexplained wealth.
HB 9230 mandates the Office of the Ombudsman to o deputize a Special Officer to prioritize and prosecute offenses committed under the measure and ensure the immediate filing and resolution of cases. It further tasks 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.
“This measure helps to raise the bar of public service dur9ing such time of crisis and difficulty so that people will not be left at the mercy of underperforming, unresponsive, negligent and worst, corrupt public officers and employees,” the explanatory note stated.