Dumaguete Info Search


IATF removes travel testing and quarantine requirements.

Discussion in 'Dumaguete City' started by Sedona, Feb 27, 2021.

  1. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    Yes - but I ruled that out as checkpoints with no one there or, if there, sitting in the shade, are a colander.

    The solution most likely is that DM will have to follow the new rules and let every asymptomatic-who-traveled-with-an-infected in.
     
  2. mattchu5150

    mattchu5150 DI Member

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    I am glad to see I am not the only one who interpreted their press releases the same. They should ask themselves a scenario how one can enter a neighboring LGU without a swab test. The best part I enjoyed in EO#6, is the clear direction that the City or LGU must shoulder the cost for the test. Once Romello re-reads and understands Dumaguete will be responsible to pay for testing, I expect an immediate change in policy.
     
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  3. Mom Miriam

    Mom Miriam DI Member

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    Shared misperception breeds misconception that clouds understanding, so here’s explanation with official issuances for clarity on what’s going on …

    As all have observed, IATF Guidelines are rapid-changing works in progress responding to emerging public health events arising each day from ongoing unprecedented global pandemic. Consequently parallel local executive orders are works in progress as well. Crafting locally-applicable IATF-EID executive orders cannot be mere copy-paste of text because due diligence required in the law on ethical public service entails review and interpretation of new IATF Resolutions vis-à-vis existing local ordinances and IATF Guideline local implementation history, in consultation with LGU heads of its component municipalities and cities or barangays.

    Nonetheless, Governor de Gamo managed to issue Executive Order No. 5 and No. 6, s. 2021 within 5 to 8 work days from February 27, 2021 publication of IATF Resolution No. 101, s. 2021, for the full implementation, well before President Duterte arrived yesterday to inaugurate finished projects for the Philippine Ports Authority at Dumaguete Sea Port and another finished project collaborated by the Department Of Transportation and the Civil Aviation Authority of the Philippines at Sibulan-Dumaguete Airport under his Build Build Build Infrastructure Program.

    In any case, the President of the Philippines does not need to pressure any local executive to adopt IATF Guidelines in full with a visit because, unlike in countries abroad where state or local government units operate independently according to charter and/or function uncooperatively in political resistance against national government, thus making country-wide implementation of a universal or uniform CoViD-19 response weak or impossible, intergovernmental relations in Philippine local autonomy policy is such that the President exercises general supervision over LGUs to ensure that their acts are within the scope of their prescribed powers and functions; and exercises direct supervisory authority over provinces, highly urbanized cities, and independent component cities through the province by law, under Book I, Chapter 3, Article 1, Section 25 of Republic Act No. 7160 (October 10, 1991) titled The Local Government Code of the Philippines (see page 18 of 281 at https://www.officialgazette.gov.ph/downloads/1991/10oct/19911010-RA-7160-CCA.pdf).

    On March 18, 2020, the President ordered LGUS, together with executive department agencies, to adopt, coordinate and implement guidelines that the IATF may issue on the CoVid situation without need of further approval from the Office of the President in a Memorandum from the Executive Secretary (published at https://www.officialgazette.gov.ph/downloads/2020/03mar/20200318-MEMORANDUM-FROM-ES-RRD.pdf.

    Subsequently, the 18th Congress of the Philippines enacted Republic Act No. 11469 (March 24, 2020) titled Bayanihan To Heal As One Act (published at https://www.officialgazette.gov.ph/downloads/2020/03mar/20200324-RA-11469-RRD.pdf) which granted the President authority to adopt and exercise temporary emergency measures to respond to crisis brought by pandemic, among others, to ensure that all LGUs are implementing Community Quarantine standards consistent with what the National Government has laid down for the subject area. At the same time, the Bayanihan law penalizes LGU officials disobeying national government policies or directives in imposing quarantines with imprisonment of two (2) months or a fine of not less than Ten thousand pesos (P10,000.00) but not more than One million pesos (P1,000,000.00) or both imprisonment and fine, at court discretion.
     
    Last edited: Mar 12, 2021
  4. Mom Miriam

    Mom Miriam DI Member

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    Again, shared misperception breeds misconception that clouds understanding of what's going on...
    • The Provincial Governor was reportedly advising, though not pressing, the City Mayor to remove requirement of a Certificate of Acceptance and RT-PCR test result for entry into the city.
    • I agree the governor and the city mayor are not on the same page because of the City LGU's continued imposition of pre-departure Certificate of Acceptance with a 72-hour valid Negative RT-PCR Test Result pending local implementation of DOST's Safe, Swift, and Smart Passage (S-PaSS) Travel Management System that provides a means for monitoring and contact-tracing.
    The Provincial Government of Negros Oriental cannot compel the City Government of Dumaguete to be subject to or to follow its manner of implementation of IATF Guidelines because it ceased to have governmental jurisdiction and authority over Dumaguete when the municipality was converted into a city by the enactment of Republic Act No. 327 (July 15, 1948) titled Charter of the City of Dumaguete (published at https://laws.chanrobles.com/republicacts/4_republicacts.php?id=326). The 1st Congress of the Philippines created the city as part of the first representative district of the Province of Negros Oriental but separated as no longer a component of the Provincial Government.

    The question then arose whether or not Dumaguete City voters have right to take part in elections for Negros Oriental provincial officials in Jose Pro Teves, et.al. vs. Commission On Elections. The Philippine Supreme Court, in its Decision (published at https://www.chanrobles.com/scdecisions/jurisprudence1951/nov1951/gr_l-5150_1951.php), declared that “The creation of Dumaguete City has made it a political entity separate from and independent of the province of Negros Oriental” and upheld that ”… Until otherwise provided by law, City of Dumaguete shall continue as part of the first representative district of the Province of Oriental Negros …the inhibitants of the city may not vote for provincial officials, but may vote for their representative in Congress.”

    Later, Republic Act No. 5797 (June 21, 1969) titled Revised Charter of the City of Dumaguete (https://thecorpusjuris.com/legislative/republic-acts/ra-no-5797.php) was enacted wherein the 6th Congress reiterates to affirm: “Until otherwise provided by law, the City of Dumaguete shall continue as part of the first congressional district of the Province of Oriental Negros, and shall remain the capital of the same” even as, in defining relations between the City of Dumaguete and the Provincial Government of Negros Oriental, it provides to amend that, “All qualified voters of the City of Dumaguete shall be entitled to vote and to be voted upon in all provincial elective positions in accordance with the Revised Election Code.”

    Much later, the 8th Congress enacted Republic Act No. 7160 (October 10, 1991) titled Local Government Code of 1991 wherein, under subtitle Inter-Local Government Relations, the law provides that, “Highly urbanized cities and independent component cities shall be independent of the province.”

    Incidentally, Bais City and Canlaon City are also independent cities by their charter. Bayawan City, Tanjay City, and Guihulngan City are chartered as component cities under the jurisdiction of the Provincial Government of Negros Oriental.
     
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    Last edited: Mar 13, 2021
  5. Mom Miriam

    Mom Miriam DI Member

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    The Department of Health (DOH) has officially declared that vaccination is not mandatory but the government highly encourages the public to get vaccinated and be protected against preventable disease. (see FAQs at https://doh.gov.ph/faqs/vaccines).

    Meanwhile, government media reports that the Department of Labor & Employment (DOLE) will be issuing an advisory advising everyone that nobody can be forced to undergo vaccination without his or her consent and any policy that is requiring vaccination for work will be declared illegal. Workers are urged to report to DOLE city, municipal, provincial or regional offices, or to call DOLE hotlines 1439 and 1438, employers or companies requiring employees to get vaccinated before entering the workplace (read https://www.pna.gov.ph/articles/1132813)
     
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  6. Jens K

    Jens K DI Senior Member

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    Correct me if I'm wrong, but it seems that unless Dumaguete City would actually be implementing effective checkpoints at all roads and trails entering the city, that perceived independence from provincial rules and regulations doesn't actually matter at all.
     
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  7. Mom Miriam

    Mom Miriam DI Member

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    Actually, you could be right. Yet City Mayor Remollo and the Task Force could be justified in maintaining vigilance because, during the first week of October 2020, the city had only 2 CoVid-19 mortalities even as Negros Oriental recorded a cumulative total of 185 positive cases. Then a lawyer APOR of the Provincial Government who resides in Zamboanguita arrived from high-risk Metro Manila on October 3, 2020, wantonly violated MGCQ protocol by omitting post-arrival quarantine, negligently went around until symptoms set in, and then got hospitalized for weeks as NegOr-CoViD Patient #191 at the NOPH, along with the other Provincial Government APORs who travelled with him on official business. In the course of community transmission, cases and deaths spiked in the city, with Dumaguete accounted for 27.99% or 508 of total 1,815 CoViD-19 cases in Negros Oriental and 52.73% or 29 of the 55 deaths, to date. I suppose the 4th quarter of 2020 was a traumatizing ordeal that the City LGU does not want to ever happen again.
     
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    Last edited: Mar 13, 2021
  8. Show Pony

    Show Pony DI Forum Patron Highly Rated Poster Showcase Reviewer

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    WOW it sounds like you are finding fault with the esteemed APOR.
    He has a message for you.
    Enojo appology.jpg

    This is probably the best "Sorry, NOT SORRY" letter I have ever seen.

    This an artists impression of the esteemed APOR's arrival from the big city.
    find the APOR.jpg
     
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  9. charlyB

    charlyB DI Senior Member

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    Do i still have to wear a face mask when travelling in our car with only my wife as a passenger ? :bag:
     
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  10. hawk263

    hawk263 DI Forum Adept Blood Donor Veteran Army

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    What you have to do is tint your car windows, and chill.
     
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