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DOJ junks complaint vs Koko Pimentel over alleged quarantine breach

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Mike Navallo, ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="https://sa.kapamilya.com/absnews/abscbnnews/media/2020/news/09/10/20200729-ph-senate-pimentel-prib-10000053.jpg"/><figcaption>Sen. Aquilino &quot;Koko&quot; Pimentel listens as Sen. Ronald “Bato” Dela Rosa delivers a privilege speech Wednesday, July 29, 2020, batting for the reinstatement of death penalty in the country. Albert Calvelo, Senate PRIB/File</figcaption></figure></div>MANILA (3rd UPDATE) - The Department of Justice said Thursday it dismissed for lack of probable cause the complaint against Sen. Aquilino &quot;Koko&quot; Pimentel III over his supposed quarantine breach last March, when he went to a hospital while already exhibiting COVID-19 symptoms.A complaint for violation of Republic Act 11332, or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act, and 3 Department of Health (DOH) issuances were filed against Pimentel in April by lawyer Rico Quicho.The Office of the Prosecutor General, in a statement, said Pimentel was not covered by the law because he is not a public health authority obliged to report.“The mandatory reporting under R.A. No. 11332 was meant for public health authorities only,” the press statement said.But it was the DOJ itself, in March last year, who cited the same law as part of the legal bases to arrest quarantine violators. <ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/03/16/20/justice-chief-says-laws-allow-arrest-of-quarantine-violators">Justice chief says laws allow arrest of quarantine violators</a></li></ul>Government prosecutors have filed several cases in court against individuals holding protest actions in Manila and Cebu or organizing relief missions without a quarantine pass in Bulacan, but these were junked after lower courts ruled the law could not be used as legal basis for the arrests.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/06/10/20/going-out-without-travel-quarantine-pass-not-prohibited-under-ra-11332-bulacan-court">Going out without travel, quarantine pass not prohibited under RA 11332 - Bulacan court</a></li></ul>It was not immediately clear if these court decisions became a factor in the DOJ’s resolution, as a copy of the resolution was not made public.Prosecutors also ruled there was nothing for Pimentel to report because at the time he went to the Makati Medical Center on March 24 and to S&amp;R in BGC on March 16, he was supposedly not yet aware that he tested positive for the coronavirus.“Senator Koko Pimentel only knew or learned about his condition of being positive for COVID-19 on the same day- 24 March 2020, while he was already at the premises of the hospital. There is no ‘non-cooperation’ under Section 9(e) of R.A. No. 11332 as Senator Koko Pimentel was deemed to have ‘cooperated’ when he left the hospital premises immediately after receiving the information about his medical condition,” the press statement said.DOJ prosecutors also found the complaint against Pimentel was “fatally defective.”“Complainant Atty. (Rico) Quicho was not the proper party to file the instant complaint, and the pieces of evidence he presented were all hearsay as they were based only on news reports. News reports, being hearsay evidence, cannot be relied upon as proof of the allegations in the complaint, or as proof of the truth, because they were merely learned, read or heard from others,” it said. Rules on evidence require personal knowledge from testimonies. News reports, if not first-hand accounts, are treated generally as hearsay.The press statement, however, did not mention incident reports submitted by the Makati Medical Center through the National Bureau of Investigation, which led to the reopening of the preliminary investigation in September last year.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/09/10/20/doj-reopens-probe-into-koko-pimentels-quarantine-breach">DOJ reopens probe into Koko Pimentel’s quarantine breach</a></li></ul>The senator, in a statement, said the DOJ&#x27;s decision was &quot;unassailable and correct&quot; as the complaint &quot;criminally charged me for violation of non-penal DOH issuances which are not even addressed to me.&quot;&quot;How can something noncriminal all of a sudden become criminal when you are not even expected to be knowledgeable or an expert about their contents?&quot; said Pimentel, a lawyer. &quot;And the person who charged me was not even anywhere near me or the place of the incident. [Nakakapagtaka] (I wonder) why he became all of a sudden the source of the allegations.&quot;<div>&#x27;FREE PASS&#x27;</div>Quicho said the DOJ ruling &quot;places into serious doubt the government’s commitment to exact accountability from those who willfully or negligently put the lives of our front liners in danger.&quot;&quot;This promotes the wrong message that ordinary people must suffer the full extent of the law and some, while those in power get a free pass,&quot; he said.&quot;We are sadly reminded of a fish vendor in Quezon City who was violently arrested for failure to comply with government regulations... Indeed, the unearned privilege of Senator Koko Pimentel and his kind has its perks. Enjoy it while it lasts, Mr. VIP.&quot;The DOJ ruling junking the complaint against him was only announced Thursday, January 21, 2021, or 9 months after the investigation started and a day after Pimentel’s birthday.Pimentel had earned public ire for accompanying his then pregnant wife to the Makati Medical Center on March 24, 2020 or 4 days after he was tested for the new coronavirus.The senator said he was informed he tested positive for the coronavirus while at the hospital and left immediately. He later apologized for his actions.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/03/26/20/never-intended-to-harm-anyone-pimentel-apologizes-for-makati-med-visit">&#x27;Never intended to harm anyone&#x27;: Pimentel apologizes for Makati Med visit</a></li>	<li><a href="https://news.abs-cbn.com/news/07/17/20/koko-pimentel-defends-self-not-pui-but-vip">Pimentel insists not yet PUI when he visited hospital</a></li>	<li><a href="https://news.abs-cbn.com/spotlight/03/26/20/timeline-koko-pimentels-covid-19-crisis">TIMELINE: Koko Pimentel’s COVID-19 crisis</a></li></ul>The Makati Medical Center had said Pimentel&#x27;s actions were &quot;irresponsible and reckless&quot; accompanying his wife despite experiencing symptoms earlier and for exposing health workers to the infection.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/03/25/20/makati-med-says-pimentel-violated-quarantine">&#x27;RECKLESS&#x27;: Makati Med chastises Pimentel for entering hospital, violating COVID-19 quarantine protocol</a></li></ul>Other officials have been scored for alleged quarantine violations.In May, Philippine National Police chief Gen. Debold Sinas held a mañanita birthday party despite being the primary enforcer of Metro Manila&#x27;s strict lockdown as the region&#x27;s then police chief.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/11/14/20/duterte-forgives-sinas-for-maanita-defends-his-appointment-as-pnp-chief">Duterte forgives Sinas for ‘mañanita’, defends his appointment as PNP chief</a></li></ul>Presidential spokesperson Harry Roque also earned criticism for visiting a resort and swimming with dolphins in Subic, Zambales during the height of the pandemic.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/07/02/20/wala-pong-nalabag-roque-confirms-subic-resort-visit-says-no-intention-to-offend">&#x27;Wala pong nalabag&#x27;: Roque confirms Subic resort visit, says no intention to offend</a></li></ul><a href="https://news.abs-cbn.com/news/11/14/20/ano-ba-naman-ito-roque-hits-back-at-critics-of-his-public-singing-session">Roque</a> and <a href="https://news.abs-cbn.com/news/12/21/20/dilg-clears-panelo-says-videoke-session-an-isolated-incident">Chief Presidential Legal Counsel Salvador Panelo</a> received backlash over karaoke sessions despite health authorities&#x27; advise against it to prevent the spread of the infection.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/12/10/20/bawal-bumirit-will-covid-19-lead-to-karaoke-ban">&#x27;Bawal bumirit&#x27;: Will COVID-19 lead to karaoke ban?</a></li></ul>The Department of the Interior and Local Government also investigated <a href="https://news.abs-cbn.com/video/news/12/03/20/lesson-learned-duterte-spox-says-after-attending-mass-gathering">Roque</a> and Sen. Manny Pacquiao for participating in separate mass gatherings in Cebu and Batangas, respectively.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/11/29/20/pacquiao-welcomes-probe-on-alleged-breach-of-covid-19-protocols-in-batangas-event">Pacquiao welcomes probe on alleged breach of COVID-19 protocols in Batangas event</a></li>	<li><a href="https://news.abs-cbn.com/news/12/21/20/hindi-kami-nagpabaya-pacquiao-on-viral-birthday-celebration">&#x27;Hindi kami nagpabaya&#x27;: Pacquiao on viral birthday celebration</a></li></ul>Meanwhile, thousands have been accosted across the country for quarantine violations, including the failure to to wear masks and observing physical distancing. Back in September, authorities reported that 100,000 had been cited for alleged violations of quarantine rules. <div>- With reports from Gillan Ropero, ABS-CBN News</div><figure class="op-interactive"><iframe height="315" src="https://www.youtube.com/embed/sZNX3dZ0GiE?enablejsapi=1" width="560"></iframe></figure><div class="iwantbar">Watch more in <a href="//www.iwantv.com.ph/">iWantv</a> or <a href="//tfc.tv/">TFC.tv</a></div><div class="iwantbar"> </div>

The Department of Justice said Thursday it dismissed for lack of probable cause the complaint against Sen. Koko Pimentel over his supposed quarantine breach last March, when he went to a hospital while already exhibiting COVID-19 symptoms.

The Department of Justice said Thursday it dismissed for lack of probable cause the complaint against Sen. Koko Pimentel over his supposed quarantine breach last March, when he went to a hospital while already exhibiting COVID-19 symptoms.

DOJ junks complaint vs Koko Pimentel over alleged quarantine breach

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DOJ junks complaint vs Koko Pimentel over alleged quarantine breach

Mike Navallo,

ABS-CBN News

Published January 21, 2021 01:12 PM PHT

|

Updated January 21, 2021 03:18 PM PHT

Read More:

Koko Pimentel

DOJ

Department of Justice

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COVID-19

coronavirus

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