June 13, 2020

ATTY. VERNA T. NAVA-PEREZ

Secretary to the Sangguniang Panlalawigan
Lingayen, Pangasinan

Dear Atty. Perez;

Reference is made to your 1st indorsement requesting for legal opinion and
recommendation on Ordinance No. 2020-11, of the Sangguniang Panlungsod of
Alaminos City, Pangasinan, entitled: “AN ORDINANCE STRICTLY IMPOSING
MEASURES TO PREVENT THE SPREAD OF CORONAVIRUS DISEASE 2019
(covid-19) IN THE CITY OF ALAMINOS WHILE UNDER THE GENERAL
COMMUNITY QUARANTINE, PROVIDING PENALTIES FOR VIOLATION
THEREOF AND FOR OTHER PURPOSES.”

The legislative enactment is a collective effort of the city government to curb the
spread of corona virus disease in the City of Alaminos. Such enactment may be justified
by Article 2, Section 15 of the Philippine Constitution, and the General Welfare Clause
under Section 16 of the Local Government Code, as quoted hereunder. The local
measure also adopted pertinent sections of latest issuance/s provided by concerned
authorities, to state:

Art. 2, Section 15 of the Philippine Constitution – the State is mandated to

protect and promote the right to health of the people;

Sec 16 of RA 7160 -every local government unit has the sworn obligation to
enact measures that will enhance the public health and convenience for the general
welfare of the inhabitants;

Executive Order No. 0024-2020-A (Implementing Guidelines on General

Community Quarantine in the Province of Pangasinan, pursuant to IATF-EID
Resolution.

Verily, the exercise of power of the local government unit is aggressive to

paramount considerations of health and well-being of the inhabitants to promote the
general welfare. Such power of the State to regulate certain individual rights is a valid
exercise of police power.

However, as a matter of observation, undersigned wishes to express reservation

on the following Sections of the subject ordinance, to quote:

1. 2nd and 3rd paragraph of Section 5. –Regulated Acts.-

Xxx
Person with ages 20 years and below and those 60 years old and above, as well
as those with ages ranging from 21 to 59 years old but reside with persons with
co-morbidities x x x.

As an exception hereto, persons who are in the age of majority but below 21
years old and senior citizens may be allowed to travel to work x x x.
With all due respect, the first and second paragraphs cited above are vague, since
it provides the age bracket coverage ranging from ages 20 years and below,
60myearsold and above and 21 to 59 years old. It also provides the majority age
but below 21, as an exception. Undersigned would like to invite the august body
on the latest issuance (EO No. 0024-2020-A), particularly the age bracket
coverage subject to restrictions. Also, it did provide for exception, under Sec. 1 ©
of the above issuance. Undersigned would like to remind the august body that, the
age of majority is 21 years old and not below. It is humbly suggested to the august
body to consider Section1 © of EO No. 0024-2020-A, for their guidance, to state:

Sec 1. Adoption of General Community Quarantine (GCQ)

C. Persons below 21 years old, those who are 60 years old and above,
those with immunodeficiency, comorbidities, or other health risks, and
pregnant women, including persons who reside with the aforementioned,
shall stay in their residences at all times, except when indispensable
under circumstance for obtaining essential goods and services or for
work in permitted industries.

2. Sec 5 (Item 4) pertaining to the city’s period of curfew hours from 8:00AM-
5:00PM. Undersigned is in quandary as to the intention of the august body to
provide daylight curfew hours, instead of curfew hours from 8:00PM to
5:00PM. Clarification on this matter is wanting.

3. Sec 5 (Item 7) anent essential work. Undersigned would like to be enlightened

on how the construction firms will implement social distancing and other
protective measures on the construction workers or laborers constructing high
rise building or structures, since they are considered as essential workers
working in coordination with their peers.

4. Sec 5. (Item 9) on the use of valid identification card. Undersigned is in

quandary on how can a valid id be a proof of age, since id card is used as proof
of identity, though the details of date of birth is provided in the ID. The
appropriate document to identify the age of a person is his/her certificate of
live birth issued by concerned authorities.

5. Section 6. II-Establishments (Item e) pertaining to Media establishments.

Undersigned would like to invite your attention on the Implementing
Guidelines on GCQ (IGGCQ) (Sec. 2 A,B and C) which enumerates the list of
establishments. Media establishments is considered and classified as Industry
and not as establishment.

6. Sec. 6. II (Item f.1). For the City of Alaminos, guests who have existing booking
accommodations for foreigners as of May 1, 2020. Undersigned invites your
attention on the Implementing Guidelines on GCQ (IGGCQ) Sec. 2B (7)(i)
which only provides for Hotels and other hospitality units accommodating
guests who have existing long-term bookings only, and not on guests who have
existing booking accommodations for foreigners as of May 1, 2020.

7. Sec. 6. IV-Industries (i) other industries. Agriculture, Fisheries ,Forestry,

Mining and Quarrying, and BPO companies are classified as Establishments.
Rental and Leasing are classified as Services under the IGGCQ. Undersigned
humbly recommends valid classification so as not to interchange classification
of business establishment, from business industry and services.

8. Sec. 6 V-Other Authorized Persons, Item ©-Company Security Officers and

Security Guards. With all due respect, company security officers and security
 guards are not authorized persons under the IGGCQ, but they are classified as
APOR in the enumerated services under item 25 (security and investigation).

9. Sec. 6 V-Other Authorized Persons, Item (f)-Civil Society Organizations

(CSOs) x x x performing relief operations in coordination with the LGU.
Undersigned would like to invite your attention on IGGCQ Sec. 4 (APOR) Item
E (Other authorized persons) No. 5 (Members of Civil Society Organizations x
x x performing relief operations authorized by appropriate government agency
or LGU. Since the word coordination is entirely different from authorized. The
former refers to the process of organizing, while the word authorized is
sanctioned by authority. Perhaps, the august body may use the word
authorized instead of coordination, so as not to mislead other organizers who
seek assistance from the city LGU. Rectification is also suggested to include
the word “members” in Item (f) - Civil Society Organizations, to conform with
the section of IGGCQ.

10. Section 7. No face mask-no entry to certain places and no riding of public
vehicles. All public and private institutions, business, commercial, and other
establishments, along with Public Utility Vehicles (PUV) allowed to operate,
must ensure that people who will enter buildings or ride public vehicles
follow the following minimum standards: Undersigned noticed conflicting
phrase on this section. Clarification on this matter is wanting.

In the same vein, the last paragraph imposes penalty to the president,
manager, proprietor or owner of business establishment, for violation of the
provisions of this section. Undersigned however, observed that private
institution are held responsible for violation of the section of the subject
ordinance, but, it did not provide for government employees or officials who
can also be held administratively liable as such. Clarification on this matter is
necessary.

11. Sec. 8. Limited Public Transport.- X x x , and other operational guidelines set
by concerned authorities, e.g. IATF, DOTr, LTFRB, LTO or LGU. Perhaps, it is
wise that the City of Alaminos shall set forth the other operational guidelines
stated, because they are in the best position to determine the needs of public
transport in consultation with other concerned personalities.

12. Sec. 8 (Item 10 last par.) X x x. In areas where no other mode of public
transportation is available, tricycles may be permitted to operate as
determined by the LGU. Undersigned, with all due respect, the august body
should consider rectification of this paragraph in order to conform with the
Implementing Guidelines on General Community Quarantine (Sec. 5 Limited
Public Transport, A-Roads/Land Transportation, Item No. 9), so as to read
as: In areas where no other mode of public transportation is available, tricycles
may be permitted to operate as determined by the LTFRB in coordination with
the corresponding LGU concerned.

13. Section 9. No Discrimination Policy. Undersigned wishes to be clarified as to

the frontliners’ primarily being referred to? Is it the Police and military officers
who are persons in authority or other uniformed personnel, such as BFP and
local peace keeping officer/s being referred to?

14. Sec. 9 B. Acts x x x such as contract of least or employment x x x. Undersigned

humbly suggest rectification on the said contract of least, to read as contract of
lease.

15. Last par. Of Sec. 10 (Implementing Offices and Agencies. X x x

 The Alaminos City Police Station/PNP may deputize force multipliers for
enforcement of this Ordinance in the barangays. With all due respect the PNP
is divested of power of delegation under the principle in the constitution and
administrative law in latin maxim “delegatus non potest delegare”, 'one to
whom power is delegated cannot himself further delegate that power.

16. Section 11. Penalties. Undersigned wishes to convey to the honorable august
body the classification of offenses into Light Offenses, Less Grave Offenses and
Grave Offenses. The august body should consider rectification from Light
Offenses, Medium Offenses and Heavy Offenses, into Light, Less Grave and
Grave Offenses.

17. Anent Section 11 (Penalties), reminder is made that penalties for violations of
local ordinances can only be imposed after conviction by the proper court, of
competent jurisdiction. The revocation of mayor’s or business permit cannot
be outrightly effected without affording due process of law on the permitee.

18. Lastly, reminder is made on the rule that the effectivity of an ordinance with
penal sanctions is subject to compliance with the posting and publication
requirements set forth in Section 59 © and Section 511 (a) of RA 7160.
Apparently, the honorable body did not yet submit proof to show that
publication of the ordinance had already been effected. In the absence of such,
the subject ordinance cannot be rendered valid and effective for the
meantime. Compliance therefore is hereby enjoined.

Premises considered, this office is of the opinion that the enactment of subject
ordinance is within the conferred powers of the Sangguniang Panlungsod, subject to
compliance with the above-stated requirements of law. With all due respect, however,
consideration of the above-cited observations is also humbly recommended.

Thank you.

Very truly yours,

GERALDINE UBANA-BANIQUED