The rule on the mandatory wearing of face mask issued by the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) prevails over any local government ordinance that defies it, Justice Secretary Menardo I. Guevarra said.
Guevarra reacted on the ordinance passed by the Cebu Provincial Board which adopted the June 8 Executive Order (EO) 16 issued by Cebu Gov. Gwendolyn F. Garcia on the optional wearing of face mask in the province.
“Hindi consistent yung Executive Order ni Gov. Gwen. Kaya kahit gawin pang ordinansa yun ay ganun pa rin ang net effect noon. Hindi pa rin siya consistent with the national rule or policy on the mandatory wearing of face mask (Garcia’s executive order is not consistent. Even if you turn it into an ordinance, it still has the same effect. It is still not consistent with the national rule or policy on the mandatory wearing of face mask),” Guevarra explained on Wednesday, June 15, during the online forum “Kapihan sa Manila Bay.”
Though Guevarra agreed with the stand of Garcia that the IATF only issues guidelines, he said this is the reason why he insisted that President Duterte issues executive orders that would make the IATF resolutions have the force of law.
“That’s what the President exactly did,” he said
He pointed out that the Constitution defines the relationship between the President and the local government units.
“Local chief executives are supposed to be under the President’s direct supervision exercised through the secretary of the Department of Interior and Local Government,” he cited.
Also, he reminded that Congress had passed laws that allowed the President to exercise emergency measures during the state of public emergency.
Among these laws, he said, are Republic Act No. 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act imposes penalties for non-cooperation, while, the Bayanihan to Heal as One Act gives powers to the President to ensure that “all local government units will observe the policies and regulations imposed by the national government in connection with the fight against the pandemic.”
Guevarra then advised Garcia to propose to the IATF to make the wearing of face masks optional.
“Sabihin mo lang sa IATF may ganito kang proposal. Hindi kelangan ang direct confrontation (Just tell the IATF you have this proposal. You don’t need a direct confrontation),” said Guevarra, who is a member of the IATF.
He assured that the IATF is very “reasonable” concerning such issues. “Madaling mag-adjust ang IATF ‘pag naipakita na may sufficient scientific basis para mag-take ng particular action. Mabilis kumilos ang IATF (The IATF can easily make adjustments if it sees there is scientific basis to take a particular action. The IATF acts fast),” he said.
“Very dynamic kaya nga madalas nag-iiba ang rules ng IATF (The IATF is very dynamic and it is the reason why it always changes its rules) because the IATF is coping up with changes in the environment and developments in the control of the pandemic,” he added.
Meanwhile, Guevarra said he will raise before the IATF the possibility of pilot testing in Cebu the optional wearing of face mask.