Legal basis questioned: Capitol bucks  IATF system

CEBU, Philippines — The Cebu provincial government does not recognize the alert system classification issued by the Inter-Agency Task Force for the management of emerging infectious diseases placing Cebu Province under alert level 2 from April 15 to 30, 2023 due to the continued threats of COVID-19.

Lawyer Benjamin Cabrido, Jr., Capitol legal consultant, questioned IATF’s legal basis in issuing a resolution providing restrictions in areas with alert level classification.

“This onerous guidelines is ultra vires because it usurps the powers of the National Disaster Risk Reduction and Management Council,” Cabrido said.

“Where did IATF and in particular, the DOH Secretary get lease of its life to exercise direct supervision over the LGUs in times of epidemics where: (1) Sec. 105 of the Local Government Code has clearly terminated functus officio long ago this power of supervision; and (2) the state of calamity and health emergency due to COVID-19 lapsed on Dec. 31, 2022 without being extended by the President,” Cabrido added.

He explained that Proclamation No. 57 issued by President Ferdinand Marcos Jr. dated September 12, 2022, which further extended the nationwide declaration of a State of Calamity due to COVID-19 pandemic, lapsed on December 31, 2022.

“The non-extension is an implicit recognition by the government that this COVID-19 has become endemic,” he said.

Since there is no more subsisting nationwide declaration of state of public health emergency due to COVID-19 pandemic, the guidelines on implementation of alert level system has no more legal leg to stand on.

“IATF Resolution 06-C, s. 2023 which whimsically and capriciously places Cebu Province under Alert Level 2 status for the period April 15-30, 2023 is void and ultra vires,” Cabrido said adding, “the latest power tripping of the IATF is revolting to the stomach.”

Governor Gwendolyn Garcia said the IATF appeared to be confused in their alert level system. She also questioned where the IATF get their data as basis in coming up the alert level classification.

Despite the latest IATF resolution, the governor assured the Cebuanos one thing: “We will never be part of their confusion.”

 “Cebu Province has moved on earlier from all the others and now we intend to soar into greater heights. How do we do this? Not by restricting livelihood and businesses once again, putting a death in our economy, we are only trying to recover,” Garcia declared.

“If I were to follow everything that they said without thinking myself we would be in a state of greater confusion than them,” she said.

Under the alert level 2 classification, all establishments are only allowed 50 percent of its indoor capacity and 70 percent outdoors.  

Unified Stand

Cebu City Mayor Michael Rama, who is also the national president of the League of Cities of the Philippines, wants to meet with all other local government units in Cebu Island to come up with a unified stand concerning IATF policies.

Rama said he already had initial talks with Garcia concerning the matter.

“We had a discussion that we should be acting as One Cebu island approach in bringing the famous IATF,” said Rama.

The mayor said he will be supporting the governor’s position on the issue.

“I said, give me your position, Gov, and I will support it and we should be looking at it as One Cebu island approach,” Rama added.

Rama also requested Garcia to possibly convene all local chief executives in Cebu Island and come up with a unified stand.

“We should have a very clear stand...it should be One Island and this whole thing about the IATF,” Rama said.

Under the latest IATF advisory, Cebu Province is under alert level 2 except for Alcoy, Borbon, City of Naga, City of Talisay, Oslob, Pilar, Poro, Santander, and Tudela which are classified under level 1 along with Cebu City, Mandaue City, and Lapu-Lapu City.

The Department of Health (DOH), however, clarified that there were escalation of alert levels in these areas. According to DOH, these areas have been in their alert level status since June 2022.

 “While these areas have reached low risk classifications for cases and utilization rates, these have vaccination rates lower than 70% of the target total population,” DOH said.

DOH-7 reported that Central Visayas has a total of 131 new COVID-19 cases from April 16 to 22, 2023 or an average of 19 cases daily. Two fatalities were also recorded within the said period.

As of April 22, there were only eight patients considered severe and critical admissions. The data also shows that only 179 non-ICU beds have been utilized out of the 750 non-ICU beds allocated while eight out of 68 ICU beds.

 DOH-7 data also showed 86.64 percent of 5,705,754 population have been vaccinated. However, only 61.18 percent of the 677,106 senior citizens were jabbed.

 The DOH clarifies that the alert level system provides guidance for every Filipino, so that each may equip themselves with better layers of protection against COVID-19.

Health authorities continue to encourage those who are yet vaccinated, unboosted, or underboosted to get the vaccine as soon as possible while it is still free of charge, especially for senior citizens.- Mitchelle L. Palaubsanon, FPL (FREEMAN)