LOCAL government units must align their COVID-19 policies and ordinances with the directives of Malacañang, Justice Secretary Menardo Guevarra stressed yesterday amid the filing of a case by two Cebu-based lawyers questioning quarantine protocols crafted by the Inter-Agency Task Force on the Management of Emerging Infectious Diseases (IATF).
Guevarra said resolutions of the pandemic task force are considered “legally binding” because “they are adopted by the President through an enabling executive order.”
“As such, these IATF resolutions apply with equal force in every nook and cranny of our country,” he stressed.
He added that since the task force is a creation of the President, it is a qualified political agency of the executive branch.
“Its (IATF) actions are the actions of the President, unless reprobated by the latter.
Therefore, all local government officials, who are constitutionally under the supervision of the President must align their policies, resolutions, and ordinances in accordance with the directives of the Chief Executive. Otherwise, there will be chaos and disorder in our society,” Guevarra said.
The justice secretary’s comments were in reaction to the move of lawyers Clarence Paul Oaminal and Valentino Bacalso, who filed on Monday a case for declaratory relief before the Cebu city regional trial court against the IATF regarding Cebu’s protocols for arriving Filipinos.
In particular, Oaminal and Bacalso want the court to declare IATF Resolution No.114 “inapplicable and ineffective” in the province, stressing that it conflicts with Provincial Ordinance No.2021-04 and Executive Order No.17.
The assailed IATF resolution requires arriving Filipinos to stay in a quarantine facility for 10 days and undergo an RT-PCR testing seven days after their return.
On the other hand, EO 17 issued by Governor Gwen Garcia, which was adopted by the Provincial Board to become PO 2021-04, allows arriving Filipinos to be swabbed upon arrival, after which those who yield negative RT-PCR results are allowed to proceed to their respective areas of destination where they can finish their mandatory quarantine under the supervision of barangay health workers. They are again required to undergo another RT-PCR test on the seventh day.
In their plea, Oaminal and Bacalso said the IATF resolution cannot supplant the provincial ordinance. They said the ordinance can only become invalid when declared by the courts, or when the Provincial Board abrogates or repeals it.
Guevarra said the complaint would provide the necessary forum for the settlement of an important legal issue that may crop up again in the future.
Duterte has said that he will defy the courts when it comes to government’s efforts to address the COVID-19 pandemic, especially orders to suspend the enforcement of quarantine protocols.
The President, who is a lawyer, said he respects the judiciary, but “at this time of a national emergency, I would just like to inform the courts that I will not follow them.”
He added that courts should not issue any decisions or orders that would stand in the way of the government’s COVID-19 response and result in an impasse.
President Duterte insisted that that Cebu province should follow national COVID-19 protocols and stressed that a provincial ordinance cannot be higher than a national policy.
Duterte referred the matter to the Department of Interior and Local Government, and said he expects the DILG to deal with Garcia.
“I leave the fate of Governor Garcia with the DILG. There are mechanics that can be put into action to compel obedience not because we want to be better but remember I said all our decisions are based on what medical people say,” he said.
Meanwhile, Baguio City Mayor Benjamin Magalong yesterday bared that some non-city residents have been conniving with their relatives who are living in the city in the falsification of documents to gain entry to the city.
Magalong could not immediately say the number of people caught involved in the malpractice but said they will be facing cases for falsification of public documents.
“There are non-residents who went to Baguio. They secured certificates of residency in the barangays, they were helped by their relatives,” said Magalong, implying the practice is continuing.
“They (non-residents) have no property here, they also have no residence here. It’s unfortunate that some are exploiting, taking advantage (of the health protocols),” added Magalong.
Magalong said city officials are coming up with a new set of guidelines to address the problem.
The city government requires tourists and non-residents on personal or leisure travels to present certain documents before they are allowed to enter the city. These include a a negative RT-PCR antigen or saliva test taken within 72 hours prior to entry, a valid government ID, and QR-coded tourist passes.
Magalong said the city will step up its border security measures to prevent the entry of the Delta variant, which he noted is 60 percent more transmissible than the UK variant that had hit the city.
As of Monday, the city has recorded 13,481 cases – 596 active cases, 275 deaths, and 12,610 recoveries. — With Jocelyn Montemayor and Victor Reyes
