JUSTICE Secretary Menardo Guevarra yesterday said local government units (LGUs) should first seek the approval of the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) before changing the implementation of the national government’s face mask mandate in their jurisdiction.
Guevarra said Cebu Gov. Gwendolyn Garcia would not be at odds with the Department of Interior and Local Government (DILG) today had she first approached the IATF and asked for an exemption from or a modification of the face mask mandate.
Garcia had issued an executive order making optional the use of face masks in well-ventilated and open spaces, a unilateral move which Interior Secretary Eduardo Año was unacceptable because the national government has not changed its face mask protocol, which requires the wearing of the protective covering in public places, except when eating or during certain well-ventilated sports and activities.
Despite Año’s warning that she could be charged for insisting on the implementation of her directive, the governor had remained adamant and said she was not recalling her executive order.
“It’s the simple act of approaching the IATF and requesting the modification of an existing rule. Napaka-reasonable naman ng IATF (The IATF is reasonable),” Guevarra told the Kapihan sa Manila Bay forum.
“Huwag mo nang banggain diretso, lumapit ka sa IATF and that’s it (Don’t be stubborn. Just ask the IATF and that’s it),” he added.
The justice secretary gave the unsolicited advice as Año warned that other LGUs might emulate Cebu if the province is allowed to continue the enforcement of Garcia’s executive order, which was issued on June 8. Cebu’s provincial council on Tuesday passed an ordinance supporting the governor’s position.
“The national government cannot let this (measure to be implemented),” said Año, adding: “What if other LGUs will follow suit, ignore the national policies?”
Guevarra said that even if Garcia’s executive order is converted to an ordinance, it will still contravene the mask mandate issued by President Duterte.
“As between an executive order issued by the President, as manifested in resolutions issued by the IATF composed of Cabinet secretaries who are the alter egos of the President, on one hand, and executive orders issued by local government units, on the other hand, the former shall prevail,” he said.
Año echoed Guevarra and said that IATF guidelines are enabled by President Duterte’s Executive Order 151 (approving the nationwide implementation of the Alert Level System for COVID-19 Response).
He also said Garcia’s executive order and the provincial council’s ordinance lack legal basis because they are not aligned with the policies and laws of the national government.
“If not anchored (on national polices and laws), that is rendered defective and cannot be enforced. Now, if you are against national government (policies) and causing injury, disorder, and confusion, you can be held liable under the law,” he said.
Año said DILG Central Visayas director Leocadio Trovela is now holding dialogues with Cebu local government officials to amend Garcia’s executive order and the provincial council’s ordinance.
“If nothing will happen, then we will go to the legal aspect of this case and let the courts, including the Ombudsman, decide and determine who is right,” said Año.
“But whoever you are going to ask, the national government is right. Even lawyers, ask them and they will say it shall be the national government that shall prevail. The local government cannot supersede an executive order signed by the President, EO 151,” he added.
Año urged Cebu residents to continue to follow national government policies.
“There is only one government in the Philippines and that is the Republic of the Philippines so let us follow the law. There has to be a uniform implementation of the law in our country,” he also said.
PNP spokeswoman Col. Jean Fajardo said the PNP national headquarters has instructed police units in Cebu to continue implementing the IATF guidelines, particularly on the use of face masks in public places.
“The specific instruction for the PNP is to continue implementing the guidelines as required by the IATF and again let us reiterate that it is the commander-in-chief himself, the President, who mandated the observance of minimum public health standards, to include wearing of face masks,” said Fajardo.
Fajardo said policemen will continue to accost Cebu residents who are not wearing face masks. “They (violators) will be reminded that there are still existing guidelines as mandated by the national government and it will be to their best interest to follow those guidelines to avoid problem,” she said.
Fajardo said policemen will bring with them face masks which will be given to violators “so as not to further complicate the matter.” — With Victor Reyes
