Netizens Furious, #ProtectVico Sotto From NBI

Netizens were outraged by the National Bureau of Investigation (NBI)’s “letter” to Pasig City Mayor Vico Sotto, asking the local chief executive to air his side on accusations that he might have violated the “Bayanihan To Heal As One Act.”

The NBI, in its summon on Wednesday, April 1, said Sotto could have disobeyed the national government for insisting that tricycles be allowed to transport health workers and patients despite the suspension of all mass transportation services in line with the enhanced community quarantine imposed over Luzon to contain the spread of the coronavirus disease 2019 (COVID-19).

The hashtag #ProtectVico trended on Twitter, after the NBI’s move caused an uproar among netizens. They slammed the agency for singling out the young mayor for expressing his opinion regarding the ban on public transportation.

“Frontliners are dying. Funds are being misplaced. People are rioting from lack of relief goods. Workers are starving. People are violently being arrested. And the NBI is using their resources to subpoena a mayor for doing everything he can for his people?” Janina Vela (@janinavela) tweeted. “No. Words.”

A netizen also pointed out that the “Bayanihan To Heal As One Act” or Republic Act No. 11469 was signed into law on March 24 by President Duterte.

Sotto, in reply to the NBI, said he had complied with the national government’s directive to ban public transportation as early as March 19. “Do they know that the Bayanihan Act was enacted on March 24?” Sotto asked.

“Does this mean the law is retroactive?” Netizens also stressed.

“Nowhere in the law states it would be effective retroactively. I’m not a lawyer nor aspiring to be. I’m just using mere logic and common sense,” tweeted Jim Benavente (@iamjimini).

Another netizen called for “people power” to protect Sotto from political persecution for incurring the ire of some national government officials for speaking  his mind.

“Right now, our generation has to choose a side of history wherein we fold OR we fight back against tyranny and incompetence in old traditional politics. CHOOSE THE RIGHT SIDE OF HISTORY AND FIGHT BACK,” El Buenaflor (@elbuenaflor_) tweeted.

“The best April Fool’s Day joke of the year goes to the government of the Philipines,” tweeted Rhea Mae (@itsmeBABBBSS), as the hashtag #ProtectVico trended worldwide on Twitter while Deon Aquino (@deonaquino) posted: “Vico Sotto is outdoing the national government and they hate to see it. Stay threatened, I guess,”

Showbiz personalities joined the uproar with actress Kim Chiu, a former administration supporter, blasting the NBI for persecuting local government officials who stand up against the national government.

“Like what?????!!!! (‘Yoko) na!!!! Ang hirap sa Philippine government, (‘pag) gumawa ka ng mabuti sa kapwa mas nakakataas ang makakabangga mo, (‘pag) gumawa ka ng hindi mabuti kaming mga netizens lang ang kalaban mo at ang nakakataas ay (tahimik),” tweeted Chiu.

“Oh come on! You wanna call in this mayor but you have NO BALLS TO ARREST KOKO PIMENTEL FOR WALKING INTO A HOSPITAL LIKE A SUICIDE BOMBER?!” tweeted actress Chai Fonacier.

“The headlines ought to be ‘Awtoridad walang bayag para hulihin si Koko Pimentel,’” Fonacier added, tweeting the hashtag #KokoKulong.

Not retroactive

Speaking to reporters, Sotto also asked how the law could be used retroactively against him when he had stopped allowing tricycle drivers on the streets amid the enhanced community quarantine.

He noted that it was just his opinion that was carried in media reports and he could see no reason why he should be penalized for voicing an opinion.

NBI Deputy Director and spokesperson Ferdinand Lavin denied that the agency is singling out the young politician.

The head of the NBI’s anti-graft division, Catherine Camposano-Remigio, said her office invited Sotto to explain his side for possible violation of Section 6(a) of the “Bayanihan Act,” which penalizes “LGU officials disobeying national government policies or directives in imposing quarantines.”

“Section 6(a) is related to the suspension of public transportation,” Remigio said.

But netizens raised the issue of double standard, asking why the NBI is investigating Sotto and not Sen. Aquilino “Koko” Pimentel III, who breached the enhanced community quarantine protocols when he accompanied his pregnant wife to the Makati Medical Center (MMC) despite knowing that he was a person under investigation for COVID-19.

Pimentel received confirmation that he was infected while he was still at the MMC. Amid strong condemnation from the MMC, which had to place 22 of its personnel under quarantine because of exposure to Pimentel and shut down for a day its delivery complex for disinfection, Health Secretary Francisco Duque confirmed that what Pimentel did was a breach of quarantine protocols.

The NBI officials said they were only following orders from above – and the order was to investigate local government officials who are implementing the quarantine on the ground, not nationally elected ones like Pimentel, who is president of Duterte’s political party, the PDP-Laban.

“The order is to investigate local government officials because of their proximity to the people. Our objective is to send a signal to local government units to follow quarantine protocols,” NBI anti-graft division executive officer Marlon Tauli said.

“There is no politics here. We don’t do political investigations. This is purely in relation to the Bayanihan To Heal As One Act,” Lavin added.

If found liable, Sotto may face two months imprisonment and/or a fine of P10,000 to P1 million at the discretion of the court, according to the penal provision of the law.

Sotto said he would answer the letter sent by the NBI despite it being “extra work, extra hassle” for the city government of Pasig, adding that it won’t distract them from providing services to the city.

“When the NBI arrived, we were in a meeting for the reorganization of our hospital system. Sayang oras ko. Ang daming kailangang gawin. Naabala kami. Imbes na makapagtrabaho ako nang maayos,” Sotto said.

“Kahit anong distraction ang ibato sa akin ng kung sino man, I’m not pointing fingers at anyone, but no matter what happens, we will focus on the task at hand – defeat COVID-19,” Sotto added during the interview.

People have different perspectives on issues, he stated.

Justice Secretary Menardo Guevarra also noted that “the penal provisions of any law,” including RA 11469, “are not applied retroactively unless the offense is a continuing one and its commission has not been stopped.”

Senate President Vicente Sotto III, an uncle of the mayor, also argued: “Laws are never retroactive if detrimental to the accused. What are they talking about?”

“NBI will be well advised to be cautious in their interpretation of the law I principally authored,” the senator posted on Twitter.

Sen. Francis Pangilinan likewise posted a warning against NBI on his Facebook page.

Koko to be summoned

 Pimentel also trended overnight following the news on Sotto’s possible charges, with netizens saying the lawmaker could have violated the “Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act” when he breached quarantine protocols.

 Late Wednesday night, the NBI said it had also invited Pimentel for questioning on the breach of quarantine protocols. As a confirmed COVID-19 patient, however, Pimentel could not be summoned for face-to-face questioning.

 “Senator Pimentel is under isolation, which was why we were not allowed to give him the letter. We are still finding a proper way for him to receive the letter. He is in the hospital, which was why we could not talk to him just yet,” NBI officer-in-charge Eric Distor explained.

 He also clarified that the NBI’s summon for the local government officials are only for “fact-finding” purposes, and thus no cases exist against them yet. – With Neil Jayson Servallos