A deputy speaker and several ranking members of the House of Representatives on Monday filed a bill that penalizes malfeasance, misfeasance and nonfeasance among government officials tasked to respond to the COVID-19 pandemic.
Deputy Speaker Eddie Villanueva, together with ranking members of the chamber, filed House Bill No. 9230 or the Public Health Emergency Anti-Negligent and Corrupt Practices Act.
The bill is authored by Villanueva, a nominee of the CIBAC party-list group Deputy Speaker and Manila Rep. Bienvenido Abante Jr., Quezon City Rep. Allan Reyes, and party-list lawmakers Bernadette Herrera-Dy of Bagong Henerasyon, Mikee Romero of 1Pacman and Domeng Rivera of CIBAC.
The bill imposes penalties for government negligence, inaction and irresponsibility during a state of public health emergency like the COVID-19 pandemic. It also provides for stiffer penalties for certain graft and corrupt practices committed during a state of public health emergency.
“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. Public officers and employees should neither be corrupt nor negligent. Or else, the public will suffer a great deal of undeserving disservice,” Villanueva said.
“In such times of war against any novel disease or public health threat, acting with swiftness and efficiency and having a clear policy direction are the name of the game by which the government must adhere to. Or else, many lives will suffer and public funds will just be devoured by rent-seeking and scrupulous individuals at the back of the people who are desperately grappling for survival and waiting for the government’s speedy intervention. Worst, inaction and negligence on the part of the government might cost lives – many lives – an asset that will never be recouped anymore,” Abante said.
Among the prohibited acts under House Bill 9230 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 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.
The authors called on their colleagues for the speedy passage of the measure once session resumes on May 17.