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De Lima supports omission of 'misused' punitive provision in proposed Bayanihan Law 2

By DONA MAGSINO,GMA News

The omission of penal provisions in the proposed Bayanihan to Recover as One Act is a move towards the right direction, according to opposition Senator Leila De Lima.

"I fully support Senate Minority Leader Franklin Drilon in pushing for the repeal of Sections 6 of the Bayanihan Act because of the many abuses in its implementation," De Lima said in a statement released on Thursday.


"Clearly, there has been misuse or misapplication of such provision—another proof of the Duterte regime’s weaponization of the law in suppressing freedom of expression and in stifling dissent," she added.

The second Bayanihan Law, which seeks to set the direction of government response for economic recovery amid the pandemic, passed the second reading in the Senate on Wednesday night.

The bill no longer retained Section 6 of the Bayanihan to Heal as One Act which punishes spreading false information about COVID-19, hoarding, and profiteering, among others.

The said provision likewise punishes local government officials disobeying national government directives in imposing quarantines.

De Lima slammed the administration for allegedly silencing dissent amid the health crisis.

"Anong klaseng gobyerno ba naman ‘yung sa halip na pakinggan ang hinaing ng mamamayan, ay tinatakot pa sila’t pinatatahimik sa panahon ng krisis?" she said.

"May mga hinanap na kritikong netizens sa pagkalayo-layong lugar para arestuhin, habang pagkarami-rami ang hindi nagawang abutan ng ayuda. May pinatay, hindi ng nakahahawang virus, kundi ng laganap at kinukunsinteng karahasan ni Duterte. May pinarusahan, binugbog at ikinulong na mga ordinaryong Pilipino, habang inabswelto at kinaawaan lang ang mga kaalyado at opisyal ng gobyerno," she added.

Philippine National Police chief Police General Archie Gamboa, on the other hand, previously said the police do not often use the Bayanihan law in charging violators amid the pandemic.

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"If we run through the cases that have been filed against the violators of the quarantine rules, we have not actually used 11469, because I myself have actually dissected this (law) and true enough, we need the requirement of deputation of other government agencies for the PNP to function," Gamboa said.

"The usual recourse was RA 11332 or usually the Revised Penal Code when the offender has become disobedient," he added.

United Nations rights chief Michelle Bachelet recently expressed alarm over how some Asian countries, including the Philippines, are supposedly using the COVID-19 crisis as an excuse to tighten censorship among critics of government response.

Bachelet cited for example the cases of a Cebu-based writer who was arrested for a satirical post about COVID-19 last month, and the OFW in Taiwan who experienced a deportation threat from the government over a social media post critical of President Rodrigo Duterte.

Moreover, De Lima criticized the implementation of the first Bayanihan law which will be deemed repealed as the first regular session of the 18th Congress adjourns this week.

"Lantad na lantad ang mga kapalpakan sa pagpapatupad ng Bayanihan Law. Pero imbes na tugunan ang kakulangan at tuparin ang mga ipinangako nito, itinutulak na ngayon ang Part 2? Para ano, sumablay na naman? Para limasin na naman ang kaban ng bayan at pagkatapos ay iaasa din ang solusyon sa pribadong sektor?" she said.

"This is rank failure of leadership. We are facing unprecedented times with a top leader with unpresidential acts. Bukod sa virus, kapabayaan at kakapalan ng mukha ng Pangulo at ng kanyang gobyerno ang pumapatay at naglalagay sa Pilipino sa higit na peligro," she added.

According to deliberations of senators in the past days, the government has already dedicated over P350 billion for various COVID-19 response programs in the past months.

As of June 3, the Philippines recorded a total of 19,748 cases of COVID-19 with 4,153 recoveries and 974 deaths.—AOL, GMA News