Cebu Governor Gwen Garcia can face raps for optional mask law

Cebu Governor Gwen Garcia could face the corresponding punishment if her new Executive Order causes another surge of COVID-19 cases in their province.

Department of Interior and Local Government (DILG) Secretary Eduardo Año also maintained that Garcia’s EO to remove the mandatory use of anti-COVID-19 masks in open spaces in the province has no legal basis as there is no existing national policy or issuance that supports it.

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He explained that an executive order must have a legal basis and cannot be just thought and enforced by a local official.

“Kailangan kasi ang isang executive order, mayroong legal basis na pinanggagalingan. Kung nagkaroon ng national policy, issuance ang government, existing law, pwede mong gagawing executive order ‘yan. Hindi pwedeng naisip mo lang, gusto mo lang baguhin, executive order ko na ‘yan. So kailangan talaga ang isang executive order ay consistent sa batas, sa national rules, sa regulations, sa policy. Hindi puwedeng gusto mo lang,” added Año.

(Because an executive order is needed, there is a legal basis. You can make that an executive order if there is a national policy, government issuance, or existing law. You can’t just think. You just want to change. That’s my executive order. So an executive order needs to be consistent with the law, national rules, regulations, with policy. You can’t just want to.)

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Cebu Governor Gwen Garcia can face raps for optional mask law

He also said that he does not understand the big deal of wearing face masks. Cebu province is still under Alert Level 2 because they have not yet reached their vaccination requirement for the elderly and persons with comorbidities.

Año further warned that if Gwen Garcia’s order increases new COVID-19 cases in Cebu, she will face the corresponding case in the Office of the Ombudsman.

The secretary stressed that the pandemic is not over and health experts themselves say that the combination of adherence to the minimum public health standard and vaccination is the best weapon to prevent another spike or surge of COVID-19 infections.

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He said that if charged and convicted, Gwen Garcia could be suspended, fined, and permanently disqualified from holding any government position.

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