SENATE S.B. No.
1932
Introduced by SENATOR IMEE R. MARCOS
AN ACT PENALIZING PERSONS WHO SHALL COMMIT PROHIBITED ACTS DURING A STATE OF PUBLIC
HEALTH EMERGENCY, AND FOR OTHER PURPOSES
Article II, Section 15 of the 1987 Constitution provides that "the State shall protectandpromote the
rightto health ofthepeople andinstillhealth consciousness among them."
Last 8 March 2020, President Rodrigo Duterte issued Presidential Proclamation No. 922, declaring the
entire country under a state of public health emergency due to COVID-19 pandemic. Accordingly,
various measures have been adopted by the government in an effort to decrease the risk of possible
transfer of the novel and deadly virus.
The Congress, for its part, enacted Republic Act No. 11469 or the "Bayanihan to Heal as One Act",
granting stand-by powers to the President to carry out effectively the national policy of stopping the
spread of the coronavirus virus. It also contained provisions indicating punishable acts that a person
may be held liable for during its effectivity, or until 25 June 2020.
Thereafter, the Congress passed into law Republic Act No. 11494 or the "Bayanihan to Recover as One
Act" which shall be effective until 19 December 2020. However, unlike Republic Act No. 11469, it does
not include punishable acts that a person may be held liable for but may be inclined to do due to the
peculiar circumstances brought about by the pandemic.
Thus, this bill seeks to reinstate as punishable the acts mentioned In Republic Act No. 11469 in order
to serve as a legal basis for the arrest and/or sanctions being imposed on persons, following the basic
principle in criminal law, "nullum crimen/ nuUa poena sine lege" translated as "there is no crime if
there is no law punishing it."
AN ACT PENALIZING PERSONS WHO SHALL COMMIT PROHIBITED ACTS DURING A STATE OF PUBLIC
HEALTH EMERGENCY, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. UnlawfulActs. -It shall be unlawful for any individual or corporation whether from the
public or private sector to do the following acts:
1 ) Disobey national government policies or directives in regard to quarantine impositions;
2 ) Privately-owned hospitals, medical and health facilities including passenger vessels and other
establishments to unjustifiably refuse to operate pursuant to the directive of the President;
3 ) Engage in hoarding, profiteering, injurious speculations, manipulation of prices, product
deceptions and cartels, monopolies or other combinations in restraint of trade or other pernicious
practices affecting the supply, distribution of the following goods and items, as required in agriculture,
industry and other essential services, and other articles of prime necessity, whether imported or
locally produced or manufactured;
4 ) Refuse to prioritize and accept contracts for materials and services necessary to promote the
declared national policy;
5 ) Refusal of banks, quasi-banks, financing companies, lending companies and other financial
institutions, public or private, to implement a minimum thirty (30) day grace period for payment of all
loans falling due within the period of the enhanced community quarantine without incurring
interests, penalties, fees or other charges;.
6 ) Creating, perpetrating, or spreading false information regarding the crisis on social media and
other platforms, such information having no valid or beneficial effect on the population, and are
clearly geared to promote chaos, panic, anarchy, fear, or confusion; and those participating in cyber
incidents that make use or take advantage of the current crisis situation to prey on the public through
scams, phishing, fraudulent emails, or other similar acts;
7 ) Failure to comply with reasonable limitations on the operation of certain transportation sectors or
sectors, whether land, sea or air, be it private or public; and
8 ) Impeding access to roads, streets and bridges; putting- up prohibited encroachments or obstacles;
and maintenance of illegal constructions in public places that have been ordered to be removed.
Provided, That if the offender is a corporation, association, partnership or any other juridical person,
the penalty shall be imposed upon the president, directors, managers, managing partners, as the case
may be, who participated in the commission of the offense or who shall have knowingly permitted or
failed to prevent the commission of the same. Ifthe offender is an alien, he shall, in addition to the
penalties herein prescribed, be deported without further proceedings: Provided, further. That if the
offender is a public official or employee, he shall, in addition to the penalties prescribed herein, suffer
perpetual or temporary absolute disqualification from office, as the case may be.
SEC. 2. Penaity. -Any individual found violating this Act shall suffer the penalty of two (2) months or a
fine of not less than Ten thousand pesos (PhP10,000.00) but not more than One Million Pesos
(PhPl,000,000.00) or both, at the discretion of the court.
SEC. 3. Separabiiity Ciause. - Should any provision herein be declared unconstitutional, the same shall
not affect the validity of other provisions of this Act.
SEC. 4. Repealing Clause. -All laws, decrees, orders, rules, and regulations or other issuances of parts
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 5. Effectivity. - This Act shaii take effect fifteen (15) days after its publication in the Official
Gazette or in any two (2) newspapers of general circulation in the Philippines and shaii be in fuil force
and effect until the state of public health emergency has been lifted, pursuant to Presidential
proclamation No. 922, series of 2020.
http://legacy.senate.gov.ph/lisdata/3400230773!.pdf
http://legacy.senate.gov.ph/lis/bill_res.aspx?congress=18&q=SBN-1932
