Councilor mulls rule on mass gatherings, community service

By Joseph B.A. Marzan

There appears to be loopholes in current rules against mass gatherings and the consequent penalties amid the COVID-19 pandemic, a member of the Iloilo City council said.

In an interview with Aksyon Radyo Iloilo, Iloilo City Councilor Romel Duron, chairperson of the committee on rules, said the City Council “may have forgotten” to act on pending measures on mass gatherings and community service penalties.

Duron issued the statement on the heels of Iloilo City Mayor Jerry Treñas’ decision to compel Lone District Representative Julienne Baronda and Bureau of Fire Protection personnel to render community service for violating the ban on mass gatherings last June 10, 2021.

Baronda was spotted at several COVID-19 vaccination sites earlier this week handing out food packs to vaccinators as part of her community service penalty.

Officials of the Bureau of Fire Protection-Region 6 (BFP-6) conducted a community pantry, clean-up drives in the city’s beaches, and mangrove planting.

But a review of current policies indicate that their “punishments” may not be based on any national or local laws.

The omnibus guidelines of the National Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-MEID) as of May 20, 2021 prohibits gatherings outside of residences and gatherings at residences with person/s outside the immediate household in areas under the Modified Enhanced Community Quarantine (MECQ).

The only exception is for gatherings that are essential for health or government services, or humanitarian activities, provided these are authorized by the appropriate government agency.

The Implementing Rules and Regulations (IRR) of Republic Act No. 11332 (Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act), amended last August 2020 mandated stringent protocols to be implemented by local governments.

Rule XI, Sec. 1(f)(iii) of the revised IRR lists “Failure to abide by minimum public health standards and/or non-pharmaceutical interventions as enforced by public health authorities” as prohibited acts.

Rule X, Sec. 4(b)(i) mandates municipal or city health offices to implement pandemic control measures.

Rule XI, Sec. 3 of the same IRR imposes fines on the prohibited acts ranging from P20,000.00 to P50,000.00, or imprisonment from 1 to 6 months, or both fine and imprisonment at the discretion of the proper court.

Iloilo City’s standing MECQ regulation, Executive Order (E.O.) No. 50, series of 2021, issued by Treñas on June 1, prohibited gatherings in line with the IATF-MEID guidelines, but it did not stipulate penalties for violators.

The only COVID-related policies which punish protocol violations are regulation ordinances mandating the use of face masks and face shields, as well as maintenance of physical distancing.

The ordinances impose either fines or community service on violators.

City Regulation Ordinance (CRO) No. 2020-061, as amended, penalizes non-wearing of face masks and face shiels in public places and establishments.

The penalties include fines or community service, or both, depending on the frequency of the offense:

* First offense – P1,000 fine or 8-hour community service a day for 3 successive days;

* Second offense – P2,000 fine or 8-hour community service a day for 5 successive days; and

* Third and succeeding offenses – P5,000 fine or 8-hour community service a day for 5 successive days.

Meanwhile, CRO No. 2020-066 mandates all persons in public places and establishments to practice at least 1-meter physical distancing. It also mandates establishment managements to ensure enforcement of the distancing requirements.

Establishments found violating CRO No. 2020-066 may face a P5,000 fine, revocation of their business permit, and closure. Individual violators will be pay a P500 fine.

Duron said he penned and proposed a community service measure, but he eventually forgot about it

In his proposal, community service would only be applicable on first offense, while succeeding offenses could lead to fines or imprisonment, or both.

Duron said the health committee should have brought up the matter as it dealt with IATF-MEID protocols.

He said he was also invited to the BFP-6’s June 10 event, but declined the invitation due to his busy schedule.

“We may have forgotten that, especially the committee where it falls is the Committee on Health. They should have brought that up. Due to the work that I had been doing, we may have also forgotten it because we all have our own committees. Although that is also part of rules, but mainly that is of the Committee on Health because these are in line with [IATF-MEID] guidelines on the violation of health protocols,” Duron said.

Duron suggested that Article 151 of the Revised Penal Code, which could be attributed to the IATF-MEID guidelines could have been used to penalize Baronda and the BFP-6 officials.

Article 151 punishes the crime of resistance and disobedience to a person in authority or the agents of such person with the penalty of arresto mayor (1 to 6 months) and a fine of up to P100,000.

Duron said penalties under the IRR of R.A. 11332 IRR are not appropriate to the case of Baronda and the BFP as the application of the law’s provisions were “unclear”.

The Department of Interior and Local Government-Region 6 previously used the IRR of R.A. 11332 in calling out the city government for imposing lighter penalties in CRO No. 2020-061 and its amendments.

“The ultimate basis would have been the IATF-MEID rules, because part of it prohibits mass gatherings. It could be disobedience to a lawful order, that could be considered because if they disobey the order [of the IATF-MEID], they may fall under that law,” Duron said.

He said that he will remind his colleagues to pass the relevant measures on mass gatherings and community service.

Daily Guardian has reached out to City Legal Officer Atty. Edgar Gil and City Councilor Alan Zaldivar, the city council’s health committee chairperson, but they have yet to respond as of this writing.