governance

[ANALYSIS | Just Saying] Examples, not exceptions

Mel Sta Maria

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[ANALYSIS | Just Saying] Examples, not exceptions
'When government officials carve out undue exceptions for themselves, they increase their capacity to destroy our democratic system and mock our laws'

Government officials must always set the example, not the exception. 

During the onset of the pandemic, despite the health protocol that only those with COVID-19 symptoms were to be tested, many were appalled to  learn that a number of politicians – not a few high government officials and their families, not feeling anything at all – had themselves tested despite the scarcity in test kits that could be used for those showing symptoms. Excuses were made, but instead of alleviating the anger, they further fueled public disgust.   

Previously, we also read about the party of General Debold Sinas, the new Philippine National Police Chief. A gathering held for his birthday early in the morning broke the government rules prohibiting mass gatherings and  mandating social distancing during the pandemic. He was severely criticized considering that he was the official charged with apprehending  violators of the mandated health protocols in this present COVID-19 public health emergency. His mañanita explanation did not help any bit, but instead highlighted the infraction.  

After many people clamored to hold accountable a senator who went to a hospital at a time when he was allegedly monitored for the possibility of having COVID-19, Justice Secretary  Guevara said: “The DOJ will temper the rigors of the law with human compassion.” That would have been commendable except that ordinary people have not been treated with compassion. Take for example the siblings who were stopped on their way home by a traffic officer and, despite identifying themselves as hospital personnel, were given a ticket with a P5,000-fine as penalty. They were  ordinary wage earners working hard so that their hospitals could continue operating during this pandemic. 

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And then these latest acts of Secretary Harry Roque and Senator Manny Pacquiao, in a mass gathering of more than 10 people where social distancing was not observed, resulted in severe criticism on social media.    Justifications were made but they sounded like evasive excuses to many. 

The COVID-19 pandemic is definitely a public health emergency. No less than two Bayanihan Acts were legislated to respond to its deadly effects. As of this writing, there are already 435,413 afflicted Filipinos. The number is continually rising. 8,446 have died while 399, 325 have recovered. The government has incessantly required the people to strictly observe hand-washing, social/physical distancing, wearing face masks, wearing face shields, staying home – except for doing essential activities like buying food and medicine, and working – and holding no mass gatherings. 

The “Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines” issued by the Inter-Agency Task Force (IATF) provides that “mass gatherings such as but not limited to, movie screenings, concerts, sporting events, and other entertainment activities, community assemblies, religious gatherings, and non-essential work gatherings shall be prohibited. However, gatherings that are essential for the provision of government services or authorized humanitarian activities shall be allowed.” The word “shall” was used, clearly indicating a command. As a member of the IATF, Secretary Harry Roque should know this mandatory prohibition and be the first to observe the rules.  

Officials distributing necessities to those affected are beyond the ambit of the prohibition. Senator Manny Pacquiao’s charity work falls within this exception as it is “essential for the provision of government services.” Vice President Leni Robredo’s activities of providing food, medicine, and other vital needs both during the pandemic and the onslaught/aftermath of Typhoon Ulysses likewise fall within allowable government services and humanitarian efforts. But how about Secretary Harry Roque’s visit to an airport? 

He went to the grand opening of the Bantayan airport on Batayan Island. Other government officials were present. An airport inauguration is not an essential activity during this public health emergency, especially when government funds must be primarily utilized for projects designed to combat the spread of COVID-19.  

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Considering the pandemic, the occasion was clearly a “health event of public concern” as the presence of a large number of  people not observing physical distancing created a high risk of COVID-19 massive contamination. Even Secretary Roque knew this as he made reminders to the spectators to  put on their masks. This admonition was not enough. The multitude should have been ordered to go home. Indeed, the event should not have proceeded at all. Allowing it to continue was an act of non-cooperation in the prevention of the pandemic.  

The spectacle in Bantayan Island exhibited all the dangers that the government prohibition against mass gathering, non-social distancing, and the non-wearing of face masks seek to prevent. Government officials should have led the way in abruptly ending that grand opening. There must be accountability for such a display of blatant non-observation of and non-cooperation with the mandatory health protocols. Nobody is above the law, not even public officers of the highest rank. 

The law is clear. Section 9 of Republic Act Number 11332, known as the “Mandatory Reporting of Noticeable Disease and Health Events of Public Health Concern Act,” prohibits “non-cooperation of persons and entities that should report and/or respond to notifiable diseases or health events of public concern.” 

Under Section 10, “any person or entity found to have violated Section 9 of this Act shall be penalized with a fine of not less than twenty thousand pesos (P20,000) but not more than fifty thousand pesos (P50,000) or imprisonment of not less than one (1) month but not more than six (6) months, or both such fine and imprisonment, at the discretion of the proper court.”

The special law simply states “found to have violated.” It does not say “found to have intentionally  violated.” RA No. 11332 is therefore malum prohibitum, where “malice or criminal intent is completely immaterial” as ruled by the Supreme Court (Matalam vs People GR No. 221849-50 April 4, 2016). The mere perpetuation of the act is punishable. 

“Health events of public concern” according to Section 3 of RA No. 11332 refers to a “public health emergency.” The global and nationwide COVID-19 pandemic perfectly fits into it. A mass gathering without social/physical distancing is a “health event of public concern.” Government officials must cooperate by not organizing, attending, or participating in it. Being surprised that so suddenly many people were present during the occasion cannot be an excuse. If the event has started, they must require the orderly  and peaceful dispersal of the crowd to prevent contamination. Everything must be done not to prolong the event. 

The airport grand opening should have been abated. Its continuance may have constituted the non-cooperation punishable by law. The risk of contamination was just too obvious. Res ipsa loquitur (the thing speaks for itself). Investigation must be conducted. If charges should be filed, it should be done. 

Law has its moral force. Contributing to this moral force is the decency, fairness, and unqualified application to all, whether by way of general rule or exception as expressed by the statute. There must be equality of all men and women before the law  even during public emergencies. When government officials carve out undue exceptions for themselves, they increase their capacity to destroy our democratic system and mock our laws. They become rulers. That should never happen. They should be held accountable. Impunity must not be the order of the day. – Rappler.com

Mel Sta Maria is dean of the Far Eastern University (FEU) Institute of Law. He teaches law at FEU and the Ateneo School of Law, hosts shows on both radio and Youtube, and has authored several books on law, politics, and current events.

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