Individuals disregarding the wearing of face mask regulations in Cebu province may be arrested by persons in authority as the country remains under the national public health emergency, an official of the Department of the Interior and Local Government (DILG) said Monday, June 13.
In a news briefing, DILG Undersecretary Epimaco Densing noted that President Duterte's directive is to call the attention of face mask violators, and for the police to provide them with masks if they have any.
But if the individual purposely refused to heed the call of the persons in authority for them to observe health protocols, Densing pointed out that this will be a basis for their arrest.
Further, Densing emphasized that the laws of the local government units (LGUs) should be aligned with the regulations set by the national government since the country is still under the Covid-19 pandemic.
He noted that the national public health emergency in the country will be lifted on Sept. 12 this year.
Densing reminded the public that one of the policies of President Duterte is for them to continuously wear face masks in and out of their residences except when eating or involved in sports activities in places with appropriate ventilations.
“Other than that, kailangan natin isuot ang ating face mask (we need to wear our face masks). So this is a valid order from the highest official of the land. The President himself and I would like to mention that under the Constitution, the President has the general supervision over all LGUs,’’ Densing stressed.
He added that there was a violation of the law when Cebu province Gov. Gwendolyn Garcia issued Executive Order No. 16 on June 8 entitled “Rationalizing the Wearing of Face Masks’’ stating that face masks will no longer be required in open spaces and outdoor settings in the province.
In this case, Densing insisted that the governors and mayors of highly urbanized cities are under the direction and supervision of the President, rejecting Garcia’s stand on the legality of her order under Section 105 of the Local Government Code (LGC).
“Gusto ko sanang icorrect lang na hindi po ito applicable sa sitwasyon ngayon dahil ang Section 105 ng LGC, nagbabanggit po doon na puwede pong utusan ng Pangulo ang Secretary of Health after consulting with the local government na itake over nila ang health operations ng isang LGU at maibabalik lamang ito after six months. Pero dito sa sitwasyon natin, never po nag take over ng health operations ang ating national government sa local government health operations (I just want to correct that this is not applicable in this situation since Section 5 of the LGC states that the President and Secretary of Health, after consulting with the local government, may take over the health operations of an LGU which may again handed over to the locality after six months),’’ Densing stated.
Densing explained that Section 105 of the LGC states that parts of the national policies are geared towards preventing the spread of Covid-19 through the mandatory wearing of face masks.
“At isa sa binabanggit sa ating lokal na gobyerno (And one of the things stated) is all local government officials' mandate is to follow the law, policy and regulations at ito ang basehan ng general supervision ng ating Pangulo (and this is the basis of the general supervision of our President),’’ he added.
The DILG official asserted that the President’s mandate in this general supervision has been delegated to the DILG through Administrative Order (AO) 367 that gives the department the power to call the attention of the LGUs whose policies or ordinances are not aligned with national laws.
When pressed if charges will be filed against Garcia, Densing replied that sending a show-cause-order will be the last resort.
“But in the meantime, we will have to ask our (DILG) officials in the region to talk to the governor to make some adjustments in the EO. I believe there is a good intent in the EO by Gov. Gwen but most importantly we should probably look into the details that it should be aligned with what is pronounced by the President. So in the meantime, communication is key. A show cause order will be the last step if ever no adjustments would be made,’’ Densing noted.
In an interview in ANC, Garcia insisted that there was "no legal basis" for authorities to apprehend persons who don't wear face masks outdoors in the province.
"There's no legal basis and I will stand for that...There's no legal basis for apprehending people (who) are outside in open, well-ventilated areas not wearing face masks. If they wish to continue wearing face masks, that is their choice," Garcia said.
Garcia took notice that the President, who said he would not lift the face mask rule until the end of his term, took off his face mask during the Independence Day rites in Manila.
"The President says one thing and does another thing. Sa'kin lang (For me), let’s not be hypocrites here. Bakit pa magmamaang-maangan pa tayo (Why do we still need to pretend)," she added.