MANILA - People in Cebu province who do not wear face masks in public places amid the lingering COVID-19 pandemic may be arrested despite Governor Gwen Garcia's Executive Order making the protective measure no longer mandatory, an official of the Department of the Interior and Local Government said Monday. 

"Pwede silang hulihin on the basis of disobedience to the persons with authority. 'Yun ang legal basis of arrest, not necessarily the non-wearing of face masks," DILG Undersecretary Epimaco Densing III said. 

(They can be arrested on the basis of disobedience to persons with authority, not necessarily the non-wearing of face masks.)

Garcia said earlier in the day that there is "no legal basis" for authorities to apprehend people who don't wear face masks outdoors in the province.

In an executive order issued last week, she said face masks are optional in open and well-ventilated areas and required only in closed and air-conditioned areas.

President Rodrigo Duterte's order to continue wearing masks in indoor and outdoor settings remains valid, and will still be implemented by police officers and local officials as part of their jobs, said Densing.

"This is a valid order from the highest official, the president himself. I'd like to make mention that under the Constitution, the president has the general supervision over all local government units, in this case all the mayors and governors of highly urbanized cities," he explained.

Garcia invoked Section 105 of the Local Government Code to defend her EO, which stipulates that "in cases of epidemics, pestilence, and other widespread public health dangers, the Secretary of Health may, upon the direction of the President and in consultation with the local government unit concerned, temporarily assume direct supervision and control over health operations in any local government unit for the duration of the emergency."

Densing clarified that no such consultation occurred: "Never nag-take over ng health operations ang ating national government sa local government health operations."

(The national government never took over the health operations of local governments.)

While still under the State of National Public Health Emergency, all local governments must align with the national government's policies to control the pandemic, Densing stressed.

Local police officers and officials must continue calling the attention of people who do not wear masks in Cebu, reminding them to wear the protective gear, and to even provide them with one if they don't have any.

"Kung talagang sinasadya ng ating kababayan na hindi sundin ang kautusan ng persons with authority, ng kapulisan o ng barangay na magsuot ng face mask, yun ang basehan ng pag-aresto - ang hindi pagsunod sa mga taong may awtoridad," Densing said. 

(If citizens do not wear their mask on purpose despite being told by authorities, they can be arrested on the basis of not heeding to instruction of persons with authority.)

Cebu's police leadership has said that Garcia's EO easing the province's outdoor mask rule "remains the law."

"The PNP is mandated to enforce the law. Hence, Cebu PPO will support whatever is legal and supported by existing laws. E0 16 of Cebu signed by Hon Governor Gwendolyn F. Garcia remains the law as far as Cebu province is concerned and we recognize that unless it is later on invalidated by proper authority,” Police Col. Engelbert Soriano said in a statement released on the Cebu Provincial Police Office's Facebook page.

"In all other situations, mask is still required. It actually encourages people to wear it in closed and crowded places and when with symptoms. In the latter case, the PNP will come in for appropriate enforcement," he added.

Densing said that aside from the non-recognition of Garcia's EO, DILG Secretary Eduardo Ano also mandated the local police to implement the face mask wearing rule.

"Binigyan po ng kautusan at direktiba pa rin ang ating kapulisan na komprontahin o bigyan ng advice yung ating mga kababayan diyan sa Cebu province na hindi nakasuot ng face mask, na magsuot pa rin ng face mask," he said.

(Our police there has been directed to confront or advise the people in Cebu who are not wearing face mask to do so.)

While Densing said Garcia's EO may have some good intent behind it, the regional DILG will be in contact with the governor and her representatives within the week to ensure that the details in the EO remain aligned with the national policies to control the spread of the coronavirus. 

This is not the first time Garcia made headlines in her COVID-19 protocols and responses. In 2020, Garcia called out doctors who criticized "tuob" or steam inhalation as therapy for COVID-19, a recommendation made by the Cebu Provincial Government for its employees.

Garcia also drew flak from the online community after she revealed in a Facebook comment in 2020 that she refuses to wear a mask because it causes her to "inhale back" carbon dioxide she exhales, which she said "causes exhaustion, lowers her immune system, and affects her brain."

The Department of Health has since clarified that steam inhalation may actually cause further irritation to the throat and is not recommended as treatment or prevention for COVID-19.

Should the Cebu governor's office refuse to make adjustments to the EO, the DILG said it will then issue a show-cause order to Garcia.

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