MANILA, Philippines — Justice Secretary Menardo Guevarra is leaving the conduct of the fact finding investigation into alleged violations of Pasig City Mayor Vico Sotto to the National Bureau of Investigation.
“The DOJ will monitor and provide such guidance as may be requested,” Guevarra told reporters Thursday.
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The NBI on April 1 wrote to Sotto and asked him to explain on his “alleged violation of Section 6(a) of the Republic Act 11469 or the Bayanihan to Heal as One Act. (e.g. continuous tricycle operation).”
Section 6 of the law states penalties that may be imposed on “LGU officials disobeying national government policies or directives in imposing quarantines.”
Sotto on March 19 said that the city is complying with national directives on quarantine which includes suspension of mass transport. The Department of Interior and Local Government backed Sotto’s remarks.
RA 11469 meanwhile was signed into law on March 24.
The penal provisions of any law, including the Bayanihan Act, “are not applied retroactively unless the offense is a continuing crime and its commission has not been stopped,” Guevarra said Wednesday.
In an interview with GMA News TV’s “Dobol B” earlier Thursday, NBI Deputy Director said that the bureau is aware that RA 11469 or the Bayanihan act’s penal provisions has no retroactive effect.
But he pointed out that the bureau’s letter to Sotto “clearly states continuous tricycle operations, so even after the law was enacted, our division’s investigations has holding,” Lavin said in a mix of English and Filipino.
Lavin, who is also the NBI spokesperson, explained that while he is not privy in details of the issue, he would “like to believe that they won’t issue a letter” if the tricycle operations have stopped already. — Kristine Joy Patag