INDEX Covid-19 cases and close contacts who will refuse to be swabbed will be penalized or imprisoned after the 19th City Council passed the mandatory swabbing ordinance on Tuesday, August 17.
The City Council approved on third and final reading "An Ordinance Providing For Mandatory Reverse Transcription Polymerase Chain Reaction (RT-PCR) Testing of All F1, F2, and F3 Contacts of an RT-PCR Confirmed Positive Case of Covid-19 in Davao City."
The ordinance is now waiting to be signed by Davao City Mayor Sara Duterte-Carpio. It will take effect after being signed by the mayor and 10 days after publication in the newspaper.
According to the ordinance, the mandatory RT-PCR applies to F0 (confirmed positive), F1 (first-generation contact or those who have close contact with a confirmed positive individual), F2 (second-generation contact or those who have close contact with F1), and F3 (third-generation contact or those who have close contact with F2) within the city.
The ordinance also covers individuals "even if they have left the territorial jurisdiction" of the city.
Section 5 of the ordinance states that all close contacts will undergo testing, of which the date of testing will be determined by the contact tracing team or the District Health Office.
"If the RT-PCR result of an F1 Contact is positive, all F2 contacts will be elevated to F1 and should be placed under 14 days mandatory quarantine and should be re-tested," it stated.
It also stated that the swab testing shall be given free by the swab centers authorized by the City Health Office.
Section 6, meanwhile, will not require F2 and F3 contacts to undergo mandatory quarantine provided they will not exhibit influenza-like illness (ILI). However, they must self-monitor, continue to observe minimum health protocols, and report for any signs and symptoms.
The ordinance also requires F0 to F3 to disclose their close contacts including their contact numbers and home or work address.
Prohibited acts, penal clause
Section 8 of the ordinance prohibits the refusal of mandatory swabbing, isolation, and quarantine to individuals who were notified.
Those who will refuse to give out accurate information needed for effective contact tracing will also be penalized.
A fine of P5,000 or imprisonment or both at the discretion of the court will be imposed for F0 or F1 contacts who violate the ordinance.
For F2 contacts, P3,000 or imprisonment or both fine and imprisonment will be imposed depending on the court.
F3 contacts who will not comply with the ordinance will be slapped a P500 fine.
In case the ordinance violator is a minor or below 18 years old, his/her parents or legal guardian will be fined or prosecuted.
"Payment of the aforesaid penalty shall not excuse all violators from compliance with the mandatory RT-PCR Testing," the ordinance stated.
Councilor Mabel Acosta, author of the proposed ordinance, lobbied for its enactment since the entire country is under a state of public health emergency and yet some people refused to be tested.
The councilor said the Davao City Covid-19 Task Force passed a resolution to the 19th City Council to enact an ordinance penalizing violators of the mandatory swabbing.
Compared to the national law, she said the penalty is lower, considering that it is stipulated under Republic Act (RA) 7160 or "the Local Government Code of 1991" that ordinances are only limited up to P5,000 maximum penalty.
Citing RA 11332 or the "Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act," Acosta said penalties could range up to P20,000 and imprisonment.
Among the public’s misconceptions, she said, is that they refuse to be tested because they do not manifest any influenza-like illness (ILI).
She reiterated that having no signs and symptoms of Covid-19 does not guarantee that a person is not a carrier of the virus.
"If you do not cooperate, you are practically... it's a crime to give your virus to other people unya pinahamak mo buong pamilya, buong kapatid mo, buong subdivision, Pilipinas. Ginapasa man nimo. So dapat, kung ma-identify ka, magpa-swab ka (as you are endangering the lives of your family, your brothers and sisters, the entire subdivision, and the entire Philippines. You are transmitting the virus to others. So if you are identified to undergo swabbing, you must cooperate)," Acosta said in a previous interview.
Prior to its enactment, its approval was put on hold on Tuesday, June 29, after the Task Force made some adjustments to its provision.