It is possible that violators against minimum health standards and protocols to fight the spread of Covid 19, may be penalized by way of community service.
Currently, based on provincial ordinance 2020-007, violators are penalized with fines and imprisonment.
The idea of having a more “realistic” set of penalties came about as Governor Art Yap and authorities have started to clamp down on violators. This comes as Bohol records seven (7) “community transmission” cases in 7 days, a situation described as alarming by the authorities.
If people here in Bohol still have the notion that coronavirus disease (Covid) infections are foreign and imported, they need to realize that this is not the case anymore, the Bohol governor said.
The seven (7) “community transmission” cases of late are indications that the virus, SARS-Cov-2, the one that causes Covid, has reached our shores and started to infect Boholanos with no history of travel in places where there are high incidence of Covid infection.
The striking reality shows, further, that the virus is already here in Bohol, not just among the locally stranded individuals (LSI), overseas Filipino workers (OFW), returning overseas Filipinos (ROF), or authorized persons outside residence (APOR), but evidence suggests that the virus is able to infect some members of the general population.
As this developed, there have been consultations with the chiefs of police and the Bohol mayors to implement the provisions of Republic Act No. 11469 or the Bayanihan To Heal As One Act and Provincial Ordinance No. 2020-007 to be implemented strictly.
According to reports, authorities are looking at the penalties imposed on violators by the provincial ordinance to be “re-studied so that it can be realistic”.
The current penalty scheme, which includes incarceration of violators, may cause difficulty for local government units (LGUs), police, and the provincial government, as far as finding detention facilities and subsistence provisions for those who will be jailed.
For this reason, an alternative is being proposed where violators will be penalized with community service.
Reports bared that Bohol governor and authorities have coordinated with the Provincial Legal Office (PLO) to look into the possibility of penalizing the protocol violators through community service.
Early on, the Provincial Legal Office (PLO) said that it is possible that community service or work can be a penalty option for violators.
Moreover, the authorities have revealed that there is a lot of community work that needs to be done in the province such as building homes for the homeless, assisting in community clean-up drives, among others.
The idea of the community service option as a penalty for protocol violators is being studied as of the moment, according to reports, and as discussed during the July 24 press briefing at the new capitol.
Reports added that there are legal implications when using community service as a penalty for violators, hence, the penal option should be carefully studied.
PENALTIES IN THE ORDINANCE
Provincial Ordinance No. 2020-007 lists down the penalties for various protocol violations.The penal provisions of the said ordinance is located at Section 9.
In the ordinance, “Persons confirmed to have COVID-19 shall undergo a mandatory quarantine or other forms of confinement identified by the DOH. In case of minors, they shall be subject to confinement with the consent/approval of parents or legal guardians.”
The ordinance further says, “Refusal to follow the protocol despite the issuance of (Department of Health) DOH orders and this Ordinance shall be imposed a fine ranging from P3,000.00 to P5,000.00, or imprisonment not exceeding 6 months, or both at the discretion of the court.”
It is mentioned in the same ordinance that, “Establishment owners/proprietors who negligently followed the protocol (medical supplies/quarantine protocol) shall be imposed a fine ranging from P3,000.00 to P5,000.00or imprisonment not exceeding 6 months, or both at the discretion of the court.”
Furthermore, “Establishment or entities who refuse or negligently perform the order of the DOH or the Provincial or Municipal and Health Office shall be subjected to a suspension or revocation of their Business Permit upon finding of any violation of this Ordinance,” the ordinance reads.
“Any morgue, crematorium, funeral or embalming establishment offering cremation services which would refuse to cremate or embalm any person confirmed to have died from COVID-19 despite the written permission from the immediate family of the victim or the Department of Health shall be subject to closure and cancellation of their business and mayor’s permit, and the owners, proprietors and the manager of the said establishment shall be imposed a fine not exceeding P5,000.00 or imprisonment for a period not exceeding 1 year or both, at the discretion of the court,” the ordinance’s provision reads.
The ordinance adds that, “The Business Permit and Licensing Office of the local government units shall conduct regular inspection, price control and monitoring activities and may impose administrative fines against erring entities or establishment or recommend prosecution for violation of this ordinance.”
Moreover, “Those persons who, are not exempted and without any valid reason, are caught strolling or roaming around in public places within the curfew hours from 9:00 p.m. to 5:00 a.m. shall be imposed a fine ranging from P3,000.00 to P5,000.00 or imprisonment for a period not exceeding 1 year or both, at the discretion of the court.”
In addition, the ordinance mentions, “Those persons who purposely and willingly disseminate fraudulent/fake news, particularly on social media, that caused panic, distress or disturbance of public peace shall be imposed a fine ranging from P 3,000.00 to P 5,000.00 or imprisonment for a period not exceeding 1 year or both, at the discretion of the court.”
TRACING THE SOURCE
According to reports, authorities are having difficulty tracing, “Patient 0”, or the one that originally spread the virus into the community.
With this in mind, people should be extra careful when engaging with other persons who might be asymptomatic carriers of the SARS-CoV-2 virus.
In various occasions, authorities have said that Boholanos should remind each other about the minimum health standards, to be disciplined enough to follow the protocols, and to be vigilant whenever there are violations of the protocols and report the same to the authorities.
There have been observations posted on different platforms like in social media, where people in the towns are letting their guards down as some are no longer wearing face masks in public places or disobey social distancing rules.
In 7 days, Bohol recorded 7 “community transmission” cases, where the patients are not LSIs, OFWs nor APOR, and had no travel history from places where there are high incidence of Covid infection.
The 7 “community transmission” cases recorded in the towns of Calape, Duero, Ubay, Alicia, Sagbayan, and Catigbian. The seventh case is located in Tagbilaran City.