Wednesday, March 25, 2020

Thinking Pinoy list down 10 PH laws Senator Koko Pimentel III possibly violated for going to hospital with wife despite knowing he was a PUI

We all know that Senator Koko Pimentel III violated a law when he accompanied his wife to the hospital despite knowing he was a PUI or person under investigation for covid-19.

As a non-lawyer, I was clueless what specific PH law he violated but my suspicion was he violated RA 11332 as pointed out by legal experts in Twitter.

True enough, this made it to the top of Thinking Pinoy’s list.

So without further adieu, I urge you to read Thinking Pinoy’s full article below. Do you agree that there is a need to Senator Koko a lesson his kokote will remember for the rest of his life.

LIST OF LAWS POSSIBLY VIOLATED BY SENATOR AQUILINO “KOKO” PIMENTEL III

A de campanilla lawyer-friend gave me a list.

1. Non-disclosure of his status as PUI/COVID-19 Positive patient – Section 9(e) of RA 11332: “Non-cooperation of the person or entities identified as having the notifiable disease, or affected by the health event of public concern.”

2. Violation of Enhanced Community Quarantine regulations – Section 8(a) of RA 9271: “Any person who violates any regulation prescribed in this Act shall forfeit to the Bureau of Quarantine a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) or be imprisoned for not more than one (1) year or both at the discretion of the court of competent jurisdiction.”

3. Criminal Negligence – Article 365 of the Revised Penal Code

4. Disobedience to Agents of a Person in Authority – Article 151 of the Revised Penal Code: The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who XXX shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.”

5. Graft and Corruption – Section 3(e) RA 3019: “Causing undue injury to any party XXX through gross inexcusable negligence”

6. Suspension or Expulsion as Member of the Senate for Unparliamentary Behavior – Section 93 in relation to Section 97 of the Rules of Senate:

“Sec. 93. Acts and language which offend a Senator or any public institution shall be deemed unparliamentary.

SEC. 97. Upon the recommendation of the Committee on Ethics and Privileges, the Senate may punish any Member for disorderly behavior and, with the concurrence of two-thirds (2/3) of the entire membership, suspend or expel a Member. A penalty of suspension shall not exceed sixty (60) calendar days.”

7. Disbarment or Suspension of Membership with the Philippine Bar – Code of Professional Responsibility:

CANON 1 – A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and legal processes.

Rule 7.03– A lawyer shall not XXX whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.

8. Accountability and Obligation to Uphold Public Interest as Public Officer – Article XI, Section 1 of the Constitution & Section 4 of RA 6713 “Code of Conduct and Ethical Standards for Public Officials and Employees” – “ Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity…”

9. Civil Liability for Torts & Quasi-Delicts – Articles 20, 21, 27 and 2176, Civil Code

Lastly, Since this is an “epidemic or other public calamity”, one could possibly argue, Murder under Art 248 (4) of the Revised Penal Code

Your comment?

Source: Thinking Pinoy

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