BY ASHZEL HACHERO and VICTOR REYES
JUSTICE Secretary Menardo Guevarra yesterday said issuances from the Inter-Agency Task Force on Emerging Infectious Diseases (IATF) are more binding than resolutions issued by local government units because these are backed by executive orders signed by President Duterte.
Guevarra made the remark when sought for comment on the executive order issued by Cebu Gov. Gwen Garcia which mandated the wearing of face masks only in close and airconditioned spaces and optional in well-ventilated and open spaces.
“The IATF resolutions on the mandatory wearing of face masks, whether indoor or outdoor, are incorporated in and/or enabled by executive orders issued by the President,” Guevarra said.
“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,” Guevarra said.
The DOJ chief likewise pointed out that the President exercises general supervision over local governments pursuant to Section 4, Article X, of the 1987 Constitution.
In issuing her order, Garcia invoked Section 105 sections of the Local Government Code granting local officials like her autonomy to run their jurisdiction.
She said the law authorizes the national government to manage the health situation in any given locality for only up to six months before the LGU concerned takes over.
The IATF mandated the use of face masks as a measure to prevent the spread of the coronavirus disease (COVID-19), which started more than two years ago.
GARCIA VS PNP
Garcia yesterday insisted on the implementation of her order and warned policemen in the province that they will be held accountable if they accost residents who are not wearing face masks in well-ventilated and open spaces.
“I know there was a threat of apprehending these people who would be walking out in open environments,” said Garcia, referring to the pronouncement of Interior Secretary Eduardo Año that the DILG does not recognize the governor’s order and that the PNP “will continue to confront, apprehend, and arrest, if necessary, all violators of IATF guidelines and MPHS (minimum public health standards) in the province of Cebu.”
“Why was this not ever done during the campaigns when hundreds of thousands were gathered and many of them without face mask, even during caravans with people lining the streets without face mask?” asked Garcia.
She added she even saw pictures of several government officials, including President Duterte, who are not wearing face masks inside airconditioned areas.
On her Facebook, Garcia posted pictures of the President not wearing a face mask in open spaces, including during the celebration of Independence Day in Rizal Park last Sunday.
Garcia said the IATF guidelines need to be supported by local ordinances from local government units (LGUs). Unless supported by the LGUs, she said the guidelines remain as “advisories.”
“In the province of Cebu, the non-wearing of face mask is not against the law or against any local ordinance. If the police would be apprehending these people, they might be accused of illegal arrest,” the governor said, stressing that “there is no legal basis for apprehending people that are outside in open, well-ventilated areas who are not wearing face mask… If they wish to continue wearing face mask that is their choice.”
“Let us not be hypocrites here. We all know, even us when we are outside, sometimes it’s really hard to breath and we remove it (face mask). This is already an existing reality. Why should we pretend?” she also said.
Garcia said the Cebu provincial police office has assured her that they will implement her executive order unless this is invalidated by a court of law.
But in a press briefing in Camp Crame, PNP officer-in-charge Vicente Danao Jr. ordered Cebu-based policemen to follow the directives of the President and the DILG secretary and enforce the guidelines of the IATF on the use of face mask.
“We should follow the instruction or the mandate especially so coming from our commander-in-chief,” he said. “He was the one who said we should always wear face mask.”
While the PNP respects the autonomy of local government units, Danao said “we (PNP) are under national government.”
“You follow the instruction from the national headquarters. Now, if you think you cannot follow, you resign, that’s how simple this is. Okay, resign,” said Danao.
To Cebu residents who opt to not wear face masks in well-ventilated and open spaces, Danao said they are taking the risk of getting apprehended.
“If people refuse to wear face mask, it’s a risk to take. It’s up to you if you won’t wear face mask but you have a risk to take. One, risk of apprehension. Two, risk of getting the sickness,” said Danao.
During the Laging Handa public, DILG undersecretary for operations Epimaco Densing III said the DILG is not sending a show cause order, preparatory to sanctions, against Garcia for now.
“That should be the last step — sending a show cause order to the good governor,” said Densing, adding that DILG officials in Central Visayas are setting up a meeting with Garcia to convince her to “make some adjustments in the EO.”
Outgoing Senate President Vicente Sotto III said any decision to rescind the wearing of face masks must be based on science and data.
“Whatever policy, government — national or local — would want to pursue, it should be science-based and data-driven,” Sotto told reporters in an ambush interview in the Senate.
He said the national government and the LGU concerned must discuss the matter, instead of hardening their respective positions on the issue, especially since the national government, particularly the IATF, will not be there forever to decide for the local government units.
“They should strike a balance between local autonomy and the national implication,” Sotto said.
