BACOLOD City Councilor Wilson Gamboa Jr. questioned the approved ordinance granting emergency authority to the City Mayor in the face of coronavirus disease (Covid-19) pandemic.
The ordinance, authored by Councilor Renecito Novero, was approved during the regular session of the City Council on Tuesday, August 25.
Of 14 councilors, including Liga ng mga Barangay president Lady Gles Pallen and Sangguniang Kabataan Federation president Ayesha Villaflor approved the measure. Only Gamboa opposed it.
Gamboa, in a statement, said it is unsettling, disturbing, distressing and absurd" for the people of Bacolod; therefore, said "emergency authority should be the least of their priorities because all powers, authorities, solutions and recommendations are embedded in the police powers of the local
government unit under the Local Government Code and in all guidelines, rules and directives issued by the National Inter-Agency Task Force (IATF)."
He said the ordinance is double-edged, ambiguous, and equivocal, considering that it is giving "blanket authority" to the Mayor and evidently short of "strict parameters.
"God forbid, would reduce all instrumentalities of the Bacolod local government including the Sangguniang Panlungsod at the mercy and whimsical decision of the mayor. An emergency authority for the mayor is 'over-stretching' the Constitution by pushing the mayor to decide for himself certain policies, advocacies and interpretations all in the name of the Covid-19 pandemic that could go beyond the limits (ultra-vires) and as such he could decide for himself what constitute a violation or a crime," he added.
Gamboa stressed that the City Council is a separate branch and the power for "check and balance" it holds is sacred and for it to surrender and that power would only demean us as an institution.
"It seems we are saying, 'Si Mayor na lang da'," he said.
"Let the SP (City Council) be part of the solution by creating policies and strategies. SP should be proactive, prospective and aggressive in crafting legislations to combat this Covid-19 pandemic. This is what we are supposed to do and this is what we should be doing. Legislations are important and helpful in securing our community and the City from Covid-19 local transmission. It seems that the SP has no stake in the solution except to grant the Emergency Authority and have nothing more to do with it," Gamboa said.
He said the mayor's emergency authority provided in Section 5 of the ordinance, except for mass testing in one sub-section, is mostly about restrictions, limitations, curtailment and stoppage of movement which are not the "direct solution to stop transmission" according to World Health Organization (WHO).
"We might be looking and focusing on 'strategies' which are not the solutions but just merely 'palliatives' to the problems. What we need today according to the WHO is a 'Strong Public Health System.' Summon all the experts in the City to create a targeted strategy to: detect, test, isolate, treat, trace, targeting the most vulnerable especially our elderly/senior citizens and children but not the curtailment of human movement and in fact, according to WHO 'to allow movement with the observance of proper health protocols. There are no movements in jails but cases of Covid-19 is very high," he added.
Gamboa also explained that curtailing and stopping movement is more expensive than the transmission itself, economic wise. It will destroy the economy. Meaning, others who need to work can do so freely and safely by protecting our healthy, able and productive citizens to work.
"Our citizens are our important resources. I agree with the creation of an 'Emergency Committee' but it would be best to let the SP be part of the strategic solution by separately creating this Emergency Committee by way of an ordinance in favour, however, of health care experts and practitioner, and other related professions to lead these committees and teams and not just government officials who are not trained to handle health issues and problems," Gamboa said.
For his part, Novero said they respect the opinion of Gamboa.
"Maybe for him, it's the least priority the concern for life and health of our people. Hopefully, he would be the least option of Covid. He's entitled to his opinion no matter how wrong, this is a democracy and I' m thankful that most of the members of City Council are not like him otherwise, we cannot address this emergency, if that is our attitude," he said.
He added that Gamboa should make a suggestion not just to criticize.
"For now, let's avoid politics. We should cooperate and help each other. If our best is lacking then, help us. We welcome suggestions," Novero said.