MANILA – A bill was filed to penalize government officials who are corrupt and negligent in exercising their functions during a state of public health emergency in the country.
The House Bill 9230 or the Public Health Emergency Anti-Negligent and Corrupt Practices Act was filed by six members of the House of Representatives.
The measure mandated 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.
It will apply upon the declaration and duration of a State of Public Health Emergency. The following acts covered are:
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 heath emergency;
g. Gross violation of standard health protocols promulgated by the government;
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. Directly or indirectly requesting or receiving any gift, present, share, percentage, commission or other pecuniary or material benefit, for himself/herself or for another, in connection with any contract or transaction with the government; and
j. Other similar or analogous acts, provided that these acts were committed in the course of or during a public health emergency.
Officials who are caught doing an offense under a to h will suffer an imprisonment from five to 12 years and perpetual disqualification from public office.
Violations under i, a penalty of reclusion perpetua will be imposed and perpetual disqualification from holding any public office if the aggregated amount or gift received is not less than P1 million.
The proposal included death penalty as punishment for officials caught receiving gift or share worth not less than P50 million.
Once a government official is found guilty, the government will forfeit any prohibited interest and unexplained wealth manifestly out of proportion to the accused’s salary and other lawful income.
“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,” said Deputy Speaker Bro. Eddie Villanueva of CIBAC party-list, one of the co-authors of the measure./PN
