#ProtectVico became a top trending topic on Twitter in the Philippines on April 1 after news surfaced that Pasig city Mayor Vico Sotto was ‘invited’ by the National Bureau of Investigation (NBI) to explain his alleged violation of the Bayanihan Act to Heal as One  (BAHO).

The NBI “invited” the Pasig City Mayor Vico Sotto that allegedly violate Section 4(g) or RA No.1146 that mandates the Local Government Unit (LGU) officials to comply with national guidelines regarding the COVID-19 pandemic.

NBI Deputy Director and Spokesperson Atty. Ferdinand Lavin confirmed that the anti-graft division letter on Wednesday, April 1, 2020, was sent on the Pasig City Mayor’s Office. The invitation letter asked the Pasig City Mayor to explain the alleged violation.

For his part, Sotto explained “We have fully complied with all directives from the national government.”

He also said that the act being charged or investigated happened before the BAHO act came into effect, and must not retroactively punish violators.

Sotto said, “Kung meron silang issue sa tricycle, March 19, yung isyu sa tricycle the Bayanihan to heal as One Act was enacted March 24, wala po masyadong sense.”

He appealed that he did not violate any law and the law being for which he is to be investigated did not even exist during the time of the issue. He also said there is nothing wrong to give an opinion based on what he saw what is good for his constituents.

On Twitter, Vico said, “We complied with all directives. Hindi po illegal magbigay ng opinion.”

Mayor Sotto said he would answer the NBI summon as his administration is ready and they have nothing to hide.

“Ang malungkot lang, imbes na makapag-trabaho kami ng diretso ay ma-distract pa kami,” Sotto lamented.

 

NBI said Sotto violation of exec sec memo, “continuous tricycle operations”

On April 2, Lavin said in a media interview, that it was clear in their letter to Sotto that it was about “continuous tricycle operation.”

“Maliwanag po sa sulat na pinadala: continuous tricycle operation. May hawak po iyong investigation division namin na may continuous tricycle operation na ipinatupad sa sinabing lugar,” Lavin said, but also said this might not be ongoing up to this day.

Lavin also said it was not the BAHO was invoked in the alleged violations of Sotto, but also the guidelines being followed since the quarantine was imposed.

“Iyong letter of invitation, for Mayor Vico saka sa barangay chairman of Talon Uno. We are investigating for possible violation nung memorandum ng Executive Secretary,” said Lavin.

The memo was issued on March 16 while Sotto’s supposed violation happened on March 17 and 18.

Sotto also reacted today to Lavin’s comment that the issue has become “politicized” and “sensationalized”, but said it was the NBI whose personnel went to Sotto’s office accompanied by media.

 

Human rights lawyer Atty. Chel Diokno said ordinary citizens, not only Sotto, is being summoned by the NBI over expressing sentiments online. The lawyer said he found this inhuman, as well as that the government seemed to be bent on destroying critics instead of COVID-19.

 

Netizens react

Netizens, celebrities included, manifested their frustration with such act of the law enforcement agency, questioning the NBI’s priorities to investigate the ‘high performing’ 30-year old mayor in the face of the COVID-19 crisis. Sotto has received praise for his swift actions addressing the needs of his constituents since the National Capital Region community quarantine was implemented on March 15.

Those who expressed outrage over this also questioned the move while the NBI’s lead agency, the Department of Justice, had asked for compassion for Senator Aquilino “Koko” Pimentel III following his ‘obvious’ breach of quarantine and hospital protocol, endangering frontliners and leading to 68 of them being quarantined.

#ProtectVico first became a trending topic on Twitter when stern warnings against LGU who will not follow the Inter-Agency Task Force on Emerging Infectious Diseases (IATF) were issued following the young mayor’s suggestions that tricycles be allowed to operate to transport health workers.

Department of Interior Local Government Eduardo Año was asked by the media whether the warning was for Sotto, but said it was for various LGUs including those who are implementing total lockdown within their scope, but said there should be only the total lockdown over Luzon. Many LGUs as of now have gone on to implement their own lockdown.

 

Senators said ‘no law violated’

His uncle and one of the authors of the BAHO act, Senator Vicente ‘Tito’ Sotto III, agreed with this defense of the young mayor, as well as other legislators.

“NBI will be well-advised to be cautious in their interpretation of the law I principally authored. Any so-called violation of RA 11469 can’t be retroactive,” said Senate President Vicente Sotto III in a tweet.

“Paano nilabag ni Pasig City Mayor Vico Sotto ang batas na hindi pa batas?” Senator Francis ‘Kiko’ Pangilinan asked since “improvised tricycles” were used in Pasig before March 18, while the law that the NBI has been citing was passed on March 24.

“Andaming kailangang bigyan ng solusyon: nagkakasakit na health workers, mga nagugutom. Why hostile attention to well-performing leaders like Vico?… May na-insecure ba?” Sen. Risa Hontiveros said in a tweet.

“Do we really need this notice right now when we want our local government officials to mobilize all the resources they have to respond to their constituents’ needs?” Sen. Joel Villanueva said.

Senator Panfilo Lacson said that only one provision in the BAHO is retroactive: the benefits to health workers who contract COVID-19 or die in the line of duty are retroactive up to February 1 this year.

The 1987 Constitution in Article III, Section 22 cites “A law cannot punish ac act done before the passing of the law.”

Also in the Revised Penal Code, Article 22, punishment under the law cannot be retroactive, except if it will favor a person who is guilty of a felony but is not a habitual criminal. Ex Post Facto Law is a law that retroactively modify the legal consequences of actions that were committed or relationships that existed, before the enactment of the law.

 

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