THE 19th Davao City Council strengthened the law penalizing a person using or producing falsified or tampered Covid-19 medical test results or other health verification documents in the city through an ordinance passed under third and final reading on Tuesday, January 19.
Acosta, proponent of the measure, said the ordinance was crafted following the recent apprehension of 22 air passengers at the Francisco Bangoy International Airport, also known as the Davao International Airport.
The persons were caught by the Airport Health Monitoring Team for submitting a fake RT-PCR test results upon verification.
The figures were based on the latest data from the Davao City Police Office (DCPO) as of January 5, 2020.
During the City Peace and Order Council (CPOC) meeting on December 29, 2020, Acosta said the occurrences of the violation may be attributed to the lack of information of the free RT-PCR test the City Government offers to returning residents or travelers upon arrival.
This prompted the CPOC to propose for the crafting of the ordinance, which would put heavier penalties and sanctions for anyone who will be presenting tampered or falsified RT-PCR test results.
"This proposed ordinance shall also pose as a reminder to anyone that falsification of RT-PCR test results benefits no one, and shall only compromise your own, and your family's health if at any circumstances, a traveler is considered Covid-19 positive," Acosta said in her previous privilege speech.
Meanwhile, in the committee hearing held on January 7, Acosta decided not to limit the ordinance for fake RT-PCR results.
"The coverage should include all other possible test results that may be used, as well as other health verification documents that may be relied upon by frontliners now, and in the future," she said.
The following were discussed as the definition of the ordinance, with regards to the scope of falsification or tampering of results.
"[These are] test results that were presented by a person who was not actually tested, or the test reflects the name of a person different from the actual presenter; test provided by an unlicensed or fake testing center; details provided in the RT-PCR result is false such as false address or contact detail to evade monitoring; [and] individuals pay testing centers but the results given to them are not theirs," Acosta said.
City Tourism Operations Office (CTOO) head and Airport Health Monitoring Team head Generose Tecson said some testing centers do not have security features such as QR code or barcode on their test results, which would be scanned to check its authenticity and validity once submitted to airport personnel.
"The frontliner checking the health declaration forms and the RT-PCR test results has to contact the alleged testing center for further verification," Acosta said, reiterating Tecson's statement during the hearing.
The councilor said the Sasa Police Station, which is assigned in investigating passengers with fake RT-PCR, said out of the total apprehension, nine cases were already filed.
Of this number, three are still undergoing investigation, while five were already released under bail, and one case was dismissed. The remaining 14 cases are yet to be filed.
Lawyer Joy Largo of the City Prosecutor's Office (CPO), who was present during the hearing, said the ordinance would help in the prosecution.
"The proposed ordinance would be of big help in prosecution as a mere submission of a falsified RT-PCR is already punishable," CPO said, as read by the councilor.
The prosecutor's office also assured that testing centers in Manila or outside the city can still be prosecuted, as guaranteed by the ordinance, and under Section 10 of Republic Act 11332 or the "Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act."
Violators of the ordinance will be penalized of a maximum fine of P5,000, or through community service. The violator could also be fined through a "No Contest Provision."
Meanwhile, Acosta also filed a resolution urging the Department of Health to implement mandatory security features for the verification of Covid-19 RT-PCR test results.
Currently, the individuals falsifying their RT-PCR test result will be facing serious legal charges, which would require them to bail a total amount up to P42,000.
According to the City Government, persons who will be caught faking their test results, are in violation of Article 172 of the Revised Penal Code or the "Falsification by Private Individuals and Use of Falsified Documents" with a bail amount of P36,000, and Section 9 Paragraph B of the Republic Act 11332 or the "Tampering Of Records Or Intentionally Providing Misinformation" in relation to Executive Order (EO) 63-B with a bail amount of P6,000.