INTERIOR Secretary Eduardo Año yesterday declared as valid the executive order issued by Manila City Mayor Isko Moreno scrapping the mandatory use of face shields in the city, except in critical areas such as hospitals and other medical facilities.
“It’s not null and void,” said Año in an interview on Monday night at the Villamor Air Base in Pasay City where he accompanied President Duterte in receiving 2.8 million doses of Sputnik V COVID-19 vaccines.
Año said: “Our local government units, local chief executives, under the Local Government Code, specifically Section 16, are allowed to enact ordinances and issue executive orders in order to provide service and to protect the people.”
Año also said that local executives, including those in Metro Manila, may ease the policy on the use of face shields if they are already under Alert Level 2 or classified as low-risk in COVID-19 transmissions.
“Metro Manila is qualified because it’s under Alert Level 2, its vaccination rate is 87 percent and it has low (COVID-19) cases. So, it can be considered,” he said, but quickly added: “But it’s better if we’ll formalize that through an IATF resolution.”
Año directly contradicted the statement of presidential spokesman Harry Roque who has said that Moreno’s executive order was “null and void for being in violation of an existing executive policy decreed by the President itself in the exercise of his police powers.”
Moreno issued Executive Order No.42 on Monday as the 17 mayors of the National Capital Region (NCR) agreed to recommend to the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) the easing of the mandatory use of face shields in public places, except in 3Cs, which stand for “closed and crowded” spaces and in activities that “promote close contact.”
The IATF is set to discuss the issue during its meeting on Thursday.
Moreno stood by his decision to lift the face shield mandate in his city will stay and said that Roque was entitled to his own opinion on the matter.
He argued his decision was anchored on the provisions of Republic Act 7160 or the Local Government Code, section 16 of which states that it is within the power of local chief executives to ensure the general welfare of his or her constituents. \
“His opinion is as good as mine,” Moreno, who is a presidential aspirant in the 2022 elections, told ABS-CBN News Channel Tuesday.
“We, the local government unit and all other elected officials, have a responsibility to take care of our people. Kami ang binoto ng mga tao. Sila, inupo lang ng mga kung sino (We were voted by the people, unlike them who were just appointed),” he added.
“Under existing laws, Republic Act 7160, we are empowered to protect the interest and welfare of our people. Let it be that way. If they are not happy with my decision, they can go to court and ask for declaratory relief. My order will stay, and we will pursue that,” he said.
The DILG chief said that the IATF had already started discussions on the issue “but we ran out of time (to finish the deliberations) because of many issues that we have to discuss.”
The city governments of Davao and Cebu have earlier issued orders easing their policy on the use of face shields.
Davao City has made the use of face shield as voluntary in crowded places, close contact areas, and confined and enclosed spaces, while Cebu City has given establishments the authority to decide whether to require customers to use face shields while inside their establishments.
Benhur Abalos Jr., chairman of the Metropolitan Manila Development Authority (MMDA), said there was a “mis-coordination” with Moreno on the lifting of the mandatory face shield use policy.
Abalos said Moreno did not attend the meeting of Metro mayors on Sunday night when the issue of face shield use was discussed.
“We often talk, but that night I was not able to talk to him (Moreno),” Abalos said.
“All the mayors of Metro Manila are supporting the proposal of the Department of the Interior and Local Government (DILG) to scrap the order of using face shield at all times while outside the house, in any places,” he also reiterated.
Meanwhile, Abalos said that the MMDA is now studying the reimplementation of the number coding scheme but only during the rush hour periods of 7 to 9 a.m. and 5 to 7 p.m.
“Our public transportation is not yet 100 percent and our seating capacity is at 70 percent.
If we are going impose number coding, it will reduce the use of private transport, they will now flock at the terminals or loading areas of public transportation and we don’t want that to happen,” Abalos replied when asked why the scheme would only be implemented during rush hours.
The number coding scheme has been suspended since last year due to limited public transportation and mobility restrictions in Metro Manila.
Amid the debates on the continued use of face shield, Health Secretary Francisco Duque III yesterday proposed the adoption of a “risk-based” policy that is dependent on the COVID-19 pandemic situation of covered areas.
In a televised public briefing, Duque said it would be better if there is no hard-and-fast rule on the use of face shields given the evolving situation of the health crisis.
“For me, personally… It should be a risk-based use of face shield. There should be some flexibility. It shouldn’t be just either use it or don’t use it. It cannot be that simple,” Duque said.
Duque said that under a risk-based policy, use of face shield can be made voluntary under Alert Level 2, but mandatory in crowded places, close contact settings, and confined and enclosed spaces with poor ventilation.
He said mandatory use of face shield should also be imposed in areas under Alert Levels 3 and 4.
“Let us wait for the recommendation of our experts to the IATF-EID. By Thursday, it is possible that there is already an official recommendation,” Duque added. — With Ashzel Hachero, Gerard Naval and Jocelyn Montemayor
