Gwen invokes duty to Cebuanos in face mask issue, Año warns of graft raps

A controversial executive order, which was also recently passed into an ordinance, on the optional wearing of face mask in well-ventilated and open spaces in Cebu has led to a verbal exchange between Department of Interior and Local Government Secretary Eduardo Año and Cebu Governor Gwendolyn Garcia.

The Cebu provincial board passed the ordinance on third and final reading in a special session on Tuesday, following Garcia's issuance of Executive Order No. 16 that wearing of face masks shall be required only in closed and air-conditioned spaces.

In Lei Alviz’s “State of the Nation” report, Garcia defended the policy of the province.

“1.4 million Cebuanos voted me to office after the liberal policies that I have implemented in the province trying to put economy back on its feet,” she said.

“I have a responsibility to the Cebuanos, not to unelected and outgoing officials,” she added.

Garcia said she does not recognize the resolution of the Inter-Agency Task Force (IATF) on the mandatory wearing of face masks as the law.

“They keep on insisting on IATF guidelines, kaya nag ang tawag diyan IATF guidelines, kasi that doesn’t carry the force of law, not enacted by Congress, nor is that an Executive Order signed by the President. That task force can only recommend,” Garcia said.

Año retorted, saying, "No, that's not true.  A resolution is already part of the President's issuances.  Si Presidente and nag-uutos n'yan.  Hindi 'yan because it's recommendatory."

“They should be aligned with that. Hindi ka pwede gumawa sa sarili mo,” he added.

The DILG chief warned local government officials may face charges if they violate the orders of the national government.

“If you have some actions and issuances that would cause damage and injury to the government and to the people of Cebu, that is a violation of the Anti-Graft and Corrupt Practices. Doon pwedeng ma-suspend, mag-fine, pwedeng ma-disqualify,” Año said.

Face mask should be mandatory 

Justice Secretary Menardo Guevarra supported the IATF resolution, noting that the mandatory wearing of face masks shall prevail over executive orders issued by local government units.

“The IATF resolutions on the mandatory wearing of face masks, whether indoor or outdoor, are incorporated in and/or enabled by Executive Orders issue by the President,” Guevarra said.

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.”

Acting presidential spokesperson Martin Andanar backed the statement of Guevarra, saying that wearing of masks and complying to minimum public health standards keep the COVID-19 cases in the country low.

“We reiterate and support the legal opinion of the Justice Secretary that the IATF resolution on the mandatory wearing of face masks shall prevail over the executive orders by local government units, including the one issued by the provincial government of Cebu,” Andanar said.

The Department of Health reiterated its earlier statement that minimum public health standards including wearing the best fitting face mask, together with vaccination and boosters have helped keep our COVID-19 case counts low despite the detection of new subvariants.—Richa Noriega/LDF, GMA News