IATF resolution on mandatory wearing of face masks to prevail — DOJ’s Guevarra

The resolution of the Inter-Agency Task Force (IATF) on the mandatory wearing of face masks shall prevail over executive orders issued by local government units, Justice Secretary Menardo Guevarra said.

Guevarra issued the remark when sought for comment on the executive order issued by Cebu Governor Gwen Garcia making the wearing of face masks optional in well-ventilated and open spaces in the Cebu Province.

“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 in a message to reporters on Monday.

The Justice Secretary said that between an executive order issued by President Rodrigo Duterte that is manifested through the IATF resolution and the executive orders issued by LGUs, “the former shall prevail.”

Citing Section 4, Article X, of the Philippine Constitution, Guevarra said the President “exercises general supervision over local governments.”

The Department of Health previously stressed it was not consulted over the decision of the Cebu Provincial Government.

The agency maintained its position that the mask remains valuable in the country’s COVID-19 response.

Meanwhile, the Department of the Interior and Local Government said that Duterte has instructed to keep enforcing the wearing of face masks.

IATF resolution

In an interview on Super Radyo dzBB on Tuesday, Garcia said the IATF resolution “[does] not carry the force of law.”

“They keep on insisting on IATF guidelines. Kaya nga tawag diyan IATF guideline kasi that does not carry the force of law. That was not enacted by Congress nor is that an executive order signed by the president,” she said.

“Hindi naman exactly forthright si Justice Secretary Guevarra when he said executive order supersedes of the president, supersedes any executive order. Tama, there is no debate about that,” she added.

Garcia said an executive order issued by the late President Benigno Aquino III created the Task Force for Emerging Infectious Diseases in the event of an epidemic or health emergency in 2014. She is referring to Executive Order 168.

Garcia stressed that the “Task Force can only recommend."

She said there is no debate that members of the IATF who are secretaries of national government departments serve as alter egos of Duterte.

“There is no debate about that. But that has also been settled by Supreme Court jurisprudence that they only serve as alter egos when they perform their respective function as secretary of their specific department,” she said.

“But when you become part of a task force, which is the IATF, then you can only issue guidelines,” she added.

She said the Justice secretary was confusing the resolution of the IATF as an executive order.

“He knows na hindi ito executive order ng presidente. This is a product of the IATF. Kaya nga… wala ako nababasa doon. Walang pirma doon ang presidente,” she said.

(He knows that this is not an executive order of the president. This is a product of the IATF. I did not read anything. The president did not sign anything.) 

Mask mandate

For OCTA Research fellow Guido David, the wearing of face masks may become optional once the state of public emergency is lifted by the national government. 

"Iyon ang senyales na puwede nang hindi masyadong strict iyong pagsunod natin sa mga health protocols," he said at the Laging Handa briefing on Tuesday.

(That will indicate that we do not need to strictly follow the health protocols.) 

David also does not rule out the possibility of a rise in COVID-19 cases in Cebu in light of the situation in the National Capital Region.

"Tinitingnan ko iyong numbers ng Cebu. At this time, they are still at low risk. Mababa iyong positivity rate sa Cebu; it’s less than 1% at mababa rin iyong healthcare utilization," he said.

(I am looking at the numbers for Cebu. At this time, they are still at low risk. Cebu's positivity rate is low; it's less than 1%, and healthcare utilization is also low.)

"But we don’t know kung mananatili na ganito iyong numbers, kasi especially with the rising cases sa NCR, only a matter of time na baka makapasok iyon sa Cebu, itong increase in cases. And you know, we should be able to recalibrate then iyong mga policies," he added.

(But we don't know if those numbers will be sustained, especially with the rising cases in NCR. It's only a matter of time before Cebu also sees an increase in cases. And you know, we should be able to recalibrate our policies.) — Joahna Lei Casilao/RSJ/VBL, GMA News