Mayor vico sotto allowed tricycle drivers to make limited trips until march 19, 2020 only, the

day Sec.
Nograles officially declined his plea to the national government. RA 11469 was signed by the president
on March 24, 2020. It took effect only after its publication in the official gazette or a newspaper of
general circulation the following day. In short, they want to penalize mayor Sotto for an act which was
not even punishable yet at the time. Nullum crimen nulla poena sine lege. Ex post facto law.

Sec 22 of Art. 3 of Constitution states that No ex post facto law or bill of attainder shall be enacted

Art. 4 of New Civil Code provide that Laws shall have no retroactive effect, unless the contrary is
provided.

Art. 22 of RPC state that Penal laws shall have a retroactive effect insofar as they favour then person
guilty of a felony, who is not a habitual criminal.

Metro Manila (CNN Philippines, April 1) — The National Bureau of

Investigation has summoned Pasig City Mayor Vico Sotto to explain his
supposed violation of the national government's policy on the Luzon-
wide enhanced community quarantine.

NBI Spokesperson Ferdinand Lavin told CNN Philippines in a text

message that they have sent Sotto a letter requiring him to appear at
their office on April 7. He said the mayor has to respond to allegations
that he violated Republic Act 11469, or the Bayanihan to Heal as One
Act which was recently passed to address the coronavirus disease
crisis.

If Sotto fails to show up, "then we proceed with the investigation,"

Lavin said, adding that the NBI's Anti-Graft Division is handling it.

Sotto previously earned the ire of the Department of the Interior and Local
Government in March when he ordered the limited mobilization of
tricycles in the city to help bring health workers and patients with
urgent needs to hospitals. This is prohibited under the enhanced
community quarantine guidelines, which include the suspension of
mass transport. Sotto has since complied with the ban.
In a televised media briefing, Sotto confirmed receiving a letter from
the NBI. He said it did not specify the violation he supposedly
committed.

"Nakasulat lang, in parentheses pa, ibig sabihin ng e.g. di ba,

halimbawa, example, e.g. continuous tricyle operation," Sotto said.

"In the first place hindi totoo yun, noong sinabi nilang tigil tumigil
kami," he added.

[Translation: What was written was, in parentheses, meaning for

example, continuous tricycle operation. In the first place, that's not
true. When they asked us to stop, we stopped.]

Sotto said that when the national government turned down his request
to allow some tricycles to operate for the sake of health workers, he
immediately complied. He added that even if he was airing his own
opinion, the city government has always complied with national
government directives.

Sotto also pointed out that the Bayanihan to Heal as One Act was only
enacted on March 24, days after the tricycle issue.

When asked if the law has a retroactive effect to apply on Sotto's

case, Justice Secretary Menardo Guevarra said "penal provisions of
any law are not applied retroactively unless the offense is a continuing
one and its commission has not been stopped."

He added that there's no letter from the Department of Justice

"addressed specifically to Mayor Vico Sotto," but it asked the NBI to
monitor all actions of local government units and investigate any
violations to the guidelines set by the inter-agency task force.

Lavin also clarified that the NBI is not singling Sotto out as it also
invited the barangay chairman of Talon Uno, Las Piñas.

Meanwhile, Sotto said the summons was "extra work, extra hassle,"
but it will not stop him from doing his job during the crisis

Metro Manila (CNN Philippines, April 2)— The Interior Department

assailed the National Bureau of Investigation's summoning of Pasig
City Mayor Vico Sotto over supposed quarantine protocol violations,
saying the move is only a "useless political distraction amid the
ongoing COVID-19 crisis.

"I think this act of summoning the mayor of Pasig is a useless political
distraction at this time when all of us are preparing and cooperating to
beat the COVID crisis right now," Interior Undersecretary Jonathan
Malaya told CNN Philippines' The Source on Thursday.

The Pasig City Mayor earlier received the request from the NBI asking
him to appear at their office to respond to claims that he violated the
recently-passed Republic Act No. 11469 or the Bayanihan to Heal as
One Act. The measure, approved by President Rodrigo Duterte to
address the coronavirus crisis, seeks strict compliance from local
government units in the implementation of the Luzon-wide quarantine.

Sotto turned heads in March when he ordered the limited mobilization

of tricycles in the city to help bring medical workers and patients with
urgent needs to hospitals. This is prohibited under the enhanced
community quarantine guidelines, which include the suspension of
mass transport.

However, Malaya said the department already considered the issue as

"case closed," as Sotto has already complied with the order.

"There was some miscommunication between the DILG and Mayor

Vico Sotto at that time. So there was exchange of views at that time.
But that has been resolved," Malaya added.

Mayors of the capital region currently form part of the Metro Manila
Council — the policy-making body of the Metropolitan Manila
Development Authority. The local chief executives coordinate plans
and programs through the platform, with MMDA monitoring the
implementation of metro-wide services.

NBI Spokesperson Ferdinand Lavin previously said that if Sotto fails to

show up on the order, then the agency would proceed with its probe.

However, Justice Secretary Menardo Guevarra maintained that penal

provisions of any law cannot be applied retroactively "unless the
offense is a continuing one and its commission has not been stopped."
Senate President Vicente "Tito" III meanwhile echoed Guevarra's
stand.

"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," he said.

For his part, legal expert Atty. Howard Calleja said that such invitation
should only be issued by a valid court or if there is a valid case.

“The invitation technically is a warrantless arrest," Calleja told CNN

Philippines’ Newsroom. "The NBI should not use this term. Unless
there is a court order, only the court could issue a subpoena.”

“LGUs are under the supervision and control of DILG, and if DILG does
not find anything wrong, then the NBI should take heed and stand
down on this issue,” he added.

MANILA - Pasig City Mayor Vico Sotto said Sunday he is "confident" that "nothing will happen" in
the probe of the National Bureau of Investigation into his supposed violation of a ban on tricycles
under the month-long Luzon lockdown.

Sotto said he has already written a response to the NBI, which alleged he may have violated
provisions in the Bayanihan Act over his proposal to allow tricycles to operate in his jurisdiction
despite a ban on public transportation because of the enhanced community quarantine.

 NBI summons Vico Sotto over alleged quarantine violation; mayor says not illegal to give
opinion

Lawmakers, however, said the law was not yet even drafted at the time three-wheeled vehicles in
Pasig were allowed to bring some patients to hospitals.

"Ang totoo naman ho, wala naman talaga yung kaso. The law did not exist yet. Their first letter to
me, they didn’t specify. I’m confident that nothing will happen there," he told ANC.

Vice President Leni Robredo expressed support for the young mayor, saying "innovative" local
governments should be recognized instead.

 'Unacceptable': Robredo hits NBI probe into Vico Sotto, 'innovative' local execs

Among Pasig City's initiatives against COVID-19 was buying disinfection drones, turning some
motels into quarantine facility and accommodation for frontline staff, providing free transportation to
health workers, and setting up mobile kitchens, markets, and sanitation tents.
Senators and celebrities have also expressed their support for Sotto, with the hashtag "#ProtectVico"
topping Twitter's worldwide trends hours after the NBI issued last week its invitation to the mayor
for questioning.

 'No law violated': Senators defend Vico Sotto vs NBI summons

 #ProtectVico: Celebrities express support for Mayor Vico amid NBI probe

The NBI, meantime, said the issue has been "politicized" and "sensationalized," adding that it had
also invited other officials for questioning.

 NBI says probe vs Vico Sotto 'politicized, sensationalized'

 'Came to my office with media': Vico Sotto blames NBI for 'politicized, sensationalized' case

The lockdown, which started in Metro Manila on March 15 and expanded to cover the entire Luzon
two days later, was imposed to curb the spread of the coronavirus outbreak.