DILG to Cebu: Fix mask rule

CEBU, Philippines — The Department of Interior and Local Government (DILG) has given Cebu Province ultimatum to “amend, rectify, and adjust” its mask mandate or face charges.

“We’ll give them time over the weekend to amend, rectify, adjust to make it consistent with Executive Order 151,” said Interior Secretary Eduardo Año during the Back-toVax Champion activity in Quezon City on Friday, June 17.

Año said DILG regional officials are speaking with Governor Gwendolyn Garcia and other provincial officials.

“Merong nagaganap na consultation… I’m in touch with my regional director... I'll be waiting for the development,” Año said.

Charges will be filed if all diplomatic means are exhausted and nothing comes out, Año said.

“Pagka ma-exhaust na natin lahat yun, we will do appropriate legal actions,” Año said.

DILG has opposed Garcia’s new executive order that makes mask wearing optional in open and well-ventilated spaces in Cebu Province. It argued that the policy runs contrary to Inter-Agency Task Force (IATF) guidelines and the order of President Rodrigo Duterte.

Año cited several laws and executive orders, including Executive Order 151, series of 2021, which stipulates the alert level system in the country and implementing guidelines that emphasize minimum public health standards, including the mandatory wearing of face mask.

He also cited EO no. 1218, which declares a national state of calamity until September 2022; EO 168, which creates the IATF; and Republic Act1 1332, which gives the Department of Health the mandate to implement the necessary health protocols against emerging infectious diseases.

“Ang talagang pinaka-glaring na violation itong pag-violate  sa EO 151… at sabi pa nga natin sa mga jurisprudence, no, ang national law including Executive Order cannot be superseded by any local government executive order or ordinance otherwise that is considered a graft practice and they would be accountable on that,” Año said.

IATF official, Secretary Vince Dizon, also said the IATF and the NTF against COVID-19 together with Duterte have always been in consultation with experts who have said “it is still best to err on the side of caution,” taking a cue from other countries that have dropped their mask mandates.

“Up to 85 to 90 percent ng transmission ng COVID-19 is prevented because of the mask. Very clear yun,” Dizon said.

Dizon also pointed out that Cebu Province has one of the lowest vaccination rates in the country along with BARMM and Negros Occidental.

“There are still some regions – and I don’t mean to demean them – but I’m just stating the fact that there are still some regions and provinces that still have low vaccination rate,” Dizon said.

“Region 7, maraming mababa pa…Cebu has a vaccination rate, I think, just a little over 50 percent, the Province of Cebu, so that needs some work, which I hope the officials of the province will push this further,” he said.

Aside from its lower vaccination coverage, Año also pointed out that Cebu Province is still Under Alert Level 2, which makes Garcia’s mask order more ironic.

“Yun yung irony… sinasabi natin Alert Level 2 ka pero  gusto mong tanggalin yung mask... and in so doing, they are actually violating several executive orders, that is why they are in conflict now… kung hindi natin ito mare-resolve within three days, we will pursue legal  action,” Año said.

He called on the public to continue wearing a mask.

“Hinihikat at inaanyayahan natin ang mga kababayan natin, pinapaaalalahanan natin, magsuot kayo ng mask at wag nating pabayaan na maging kampante tayo... Irespeto natin yung mga mga kababayan natin... paano naman yung mga may comorbidity, senior citizens… vulnerable,” Año said.

‘Let it Go’

During her press conference also on Friday, Garcia told Año to stop debating the EO and instead focus on more serious problems in the country like the unending skyrocketing of oil prices that affects the prices of the basic commodities, thus, also affecting the lives of millions of Cebuanos.

"I find it a very trivial one… in the midst of all other serious problems that this country is facing. I guess, everyone has seen, fuel prices are going through the roof, and of course, there’s a trickledown effect on the prices of food, the price of transportation, the price of almost anything,” Garcia said.

She said Año should just let the issue go as her executive order has legal grounds.

“After having read the executive order, then you know, the best way to go would have been to let it go,” Garcia said.

“Let it go. After all, in a few days’ time, you’ll have to let go, whether you like it or not,” she added, referring to the end of Año’s term as DILG chief.

Garcia said DILG should concentrate its efforts in assisting ordinary Filipinos who are struggling to make ends meet on a daily basis.

“Shouldn't we be looking for ways and means to ease the burden on the ordinary Filipinos that are just trying to survive day after day?” Garcia said.

She said a bad economy means a disrupted peace and order situation as people will resort to crimes to provide for their families.

Atty. Rory Jon Sepulveda, Capitol consultant on legal matters, said the policies made in Cebu Province follow the "rule of law and reason."

"We see no problem. We see no confusion in the Province. Why? Because you all know the League of Municipalities (Cebu Chapter) had already unanimously support. Not only the League of Municipalities, the Philippine Councilor's League of Cebu chapter also is supporting. So there is really no problem. We expect everything to be smooth," Sepulveda said.

He said the EO of the governor and the provincial ordinance are anchored on the Local Government Code.

He an order of DILG and even the President "cannot supersede" the ordinance passed by the Provincial Board.

To question the validity of this local law would require a court action.  – Rubie Mae T. Sollano, JMO (FREEMAN)