THE guidelines issued so far by the Inter-Agency Task Force on Monitoring Emerging Infectious Diseases, an exhaustingly long title for an agency created to tackle a disease with a short name, dwell mostly on the travel ban in Metro Manila and the “community quarantine” measures.
Along with the ban on domestic travel in and out of Manila, a raft of containment measures — which include prohibitions on mass gatherings, school shutdowns and quarantining communities — still have to be fleshed out as of the weekend.
The announcements about measures for local governments outside the capital region are skimpy, providing only for the requirement of two confirmed Covid-19 cases before each city, town, or province can declare a quarantine.
Other than that, on top of the usual advice on personal hygiene to battle the virus, local governments seem to be left to fend for themselves, at least for now.
Which once more dramatizes the need for local government units (LGUs) to act on what is best for their respective communities. Which must have prompted Cebu Gov. Gwendolyn Garcia to order a domestic travel ban of the province’s own.
The province’s ban
Prohibited: Starting Sunday (March 15), flights from Metro Manila and Dumaguete City and sea travel from Dumaguete City. Starting Monday (March 16), air travel from Cagayan de Oro City, Legazpi City and New Clark City, as well as sea travel from San Carlos City and Escalante City in Negros Occidental and Guihulngan City, Negros Oriental.
Starting Tuesday (March 17), all domestic flights to Cebu are taboo and no sea travelers from anywhere will be allowed to enter Cebu.
In effect, people coming from those places are prohibited from entering Cebu. As to people from Cebu, they are allowed to leave but they may return only after 30 days, a GMA news story says.
Lockdown, not quarantine
It’s a lockdown, not a quarantine, from how it looks now. As to actuality, a lot will depend on enforcement, as it would require a lot of people and other resources to enforce the sealing of the province.
No exceptions are yet given, so the ban must apply to everyone, for now.
Executive Order (EO) 5-E, series of 2020, issued last March 14 by Governor Gwen, applies only to the first phase of the ban, namely the flights from Clark, Legazpi and Cagayan de Oro City. We still have to read the other EOs. In the initial EO, she cites the “powers vested in” her as governor. It may be assumed that she relies on the same powers with respect to the other EOs.
A few problems
There have been questions, however, in broadcast and social media, notably from lawyer Vincent Isles:
[1] Does a mayor or governor have the power to close borders, which may involve and affect not only his territorial jurisdiction but also that of other LGUs? In Cebu Province’s case, there are autonomous cities over which the governor has no authority but her ban on travel will have impact on.
[2] Shouldn’t the inter-agency task force on infectious diseases, being the coordinator of measures against Covid-19, have the prior say on travel restrictions in local governments? Its guidelines have so far been silent except on quarantines.
[3] The “massive logistics” needed to enforce the ban requires the support of national agencies and offices. Should those agencies get the prior approval of the task force if for nothing else but to avoid overlapping or contrasting measures against Covid-19?
Local initiative
Heart-warming thought is that there is a vibrant local initiative that fills the vacuum existing among LGUs. The local governments are still to be attended to; the initial guidelines are mostly about Metro Manila, which as usual gets the bulk of attention from the crisis managers.
The governor has these going for her:
[1] The presumption of regularity and legality of her action. Until she is stopped by the court or by higher authority, she can go ahead and push her plan of action. No one that is not affected personally or as a legal entity can sue. And so far, the inter-agency task force has not told the governor to cease and desist.
[2] Capitol’s efforts may prompt the crisis managers to pay attention to local governments and coordinate with them in adopting strategies against the disease.
[3] The danger to public health and safety, which is present and clear and not just imminent, which does not excuse non-compliance with the rule of law but justifies use of the core and subsidiary powers of a public official.