Dumaguete City Executive Order No. 19 Series of 2020

Executive Order No. 19 Series of 2020


WHEREAS, on 08 March 2020, the President of the Republic of the Philippines issued Proclamation No. 922, ‘declaring a state of Public Health Emergency throughout the Philippines; and enjoining ‘all government agencies and LGUs x x x to render full assistance and cooperation, and mobilize the necessary resources to undertake critical, urgent and appropriate response and measures in a timely manner to curtail and eliminate the COVID-19 Threat:”

WHEREAS, the President issued Proclamation No. 929, re: Declaring a State of Calamity throughout the Philippines due to Corona Virus Disease 2019 (COVID-19);”

WHEREAS, Section 16 of Republic Act 7160. otherwise known as the Local Government Code of 1991, which provides that “Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare;”

WHEREAS, on 16 March 2020, the Office of the President issued a Memorandum directing x x x LGUs x x x to adopt, coordinate and implement guidelines on the imposition of an Enhanced Community Quarantine and the Stringent Distancing Measures x x x effective 17 March 2020 and expiring on 13 April 2020;

A strict home quarantine shall be observed in all household. Movement shall be limited to accessing basic necessities; provision for food and essential health services shall be regulated; and there will be heightened presence of uniformed personnel to enforce quarantine procedures;

Only those private establishment providing basic necessities and such activities related to food and medicine production, i.e. public markets, supermarkets, groceries, convenience stores, hospitals, medical clinics, pharmacies and drug stores, food preparation and delivery services, water refilling stations, manufacturing and processing plants of basic food products and medicines, banks, money transfer services, power, energy, water and telecommunications, supplies and facilities shall be open;

WHEREAS, Section 455 (b) (1) (vii) of Republic Act 7160 provides that the City Mayor as Chief Executive of the City Government shall ‘carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disaster and calamities;”

WHEREAS, Section 455 (b) (2) of Republic Act 7160 provides that the City Mayor to ‘enforce all laws x x x relative to the governance of the City x x x’ such as those promulgated by emanating from the Office of the President;

WHEREAS, since the entry into the Philippines of the novel corona virus disease 2019 or “COVID-19* in January 2019. the National Government already constituted the Inter Agency Task Force on Infectious Diseases or “IATP”;

WHEREAS, President Duterte later issued a directive placing the whole of Luzon group of islands under an Enhanced Community Quarantine (ECQ). white putting the rest of the country under a Public Health National Emergency pursuant to RA 11332;

WHEREAS, pursuant to the national declarations on COVID-19, I, as City Mayor, already issued several Executive Orders directing the suspension of mass gatherings, indefinitely suspended classes in all levels, closed certain business establishments like spas, gyms, internet cafes among others;

WHEREAS, if people are less exposed to each other, the probability of contracting or transmitting COVID-19 in the populace would be less as well, hence, the movement of people and transportation should be reduced to the lowest practicable levels within the City;

WHEREAS, to effectively enforce the City’s Stay-At-Home Policy to combat COVID­19, a Traffic and Mobility Control Management herein listed shall be adopted with its Policy and Guidelines.

NOW THEREFORE, I, Hon. FELIPE ANTONIO B. REMOLLO, Mayor of the City of Dumaguete, Province of Negros Oriental, by virtue of the powers vested in me by law, DO HEREBY ORDER

Section 1. Implementing Guidelines for Enhanced Traffic and Mobility Control Management.

1.1 Purpose and restriction of Travel and Movement:

a. The movement of local residents or non-residents. regardless of nationality, are only allowed to travel and move within the streets of Dumaguete City for any or all of the following purposes:

a.I Buying or accessing basic necessities;
a.2 Buying or accessing food;
a.3 Buying medicines; and
a.4 Accessing medical assistance and essential health services. (See paragraph 3 of the Memorandum dated 16 March 20261.

b. For any other reasons not enumerated above, the person/s shall at the checkpoints be ordered to return home and strictly observe the mandated home quarantine. (See paragraph 3 of the Memorandum).
c. All drivers, commuters, travellers shall at all times wear face masks. Tricycle drivers and/or operators shall refuse onboarding of commuters without wearing face masks.
d. Tricycles (MCH) without franchises to operate within the City of Dumaguete are strictly prohibited to operate and enter the city premises.
e. Public utility vehicles, such as buses and jeepneys, are not allowed to ply in the streets of Dumaguete City during the implementation of this Order.
f. For residents of Dumagurte who wish to travel outside the city and plan to return, especially to places where confirmed cases of COVID-19 are reported by government authorities, they shall expressly declare upon return on what places they have traveled and undergo the mandatory fourteen (14) day home quarantine period, with strict monitoring to be conducted by the BHERTs in their respective barangays.
g. The City Government of Dumaguete reserves its right to allow or deny entry of residents and/or transients who exited to and from the City, and later return for reasons other than what is legally valid and binding in this Order. lest there be compelling reasons to do otherwise.

1.2 Who are exempted from the Movement Restrictions:

a. All essential government officials and employees from the executive, legislative and judicial branches of government, prosecutorial services, barangay officials, barangay tanods and duly authorized private volunteers accredited by the City Inter-Agency Task Force COVID-19 in the performance of their official duties, and only during regular duty hours;
b. Medical practitioners, staff and workers rendering medical, quarantine. sanitation, veterinary and like services who are in the actual performance of their official duties and only during regular duty hours;
c. Priests, pastors. imams and other members of the clergy and religious sects or organizations while in the actual performance of their religious functions:
d. AFP, PNP, BFP, DRRMO, DSWD, DOH, BHERT, Traffic Management Office. Special Enforcement Unit, Police Auxiliary Unit, Discipline Zone Unit and like Personnel actually providing emergency, peace and order. and; or security response who are in the actual performance of their official duties and only during regular duty hours;
e. Authorized Officials and Personnel of Business Process Outsourcing (BPOq or Knowledge Process Outsourcing (KPOs), and Forwarding, Warehouse and Storage Services who are in the actual performance of their duties and only during regular duty hours;
f. Stall holders and their helpers of the Public Market who are in the actual performance of their duties and only during regular duty hours;
g. Employees of private firms or establishments who are duly permitted or suffered to work in their respective establishments to afford supply. accommodation or logistics in energy, food, funeral, hotels, mass media. medicine, money, telecommunication, transport/common carriers, utilities, security agencies, laundry shops and other basic necessities, provided that these establishments arc not identified to cease operations thru previous Executive Orders issued in this time of Public Health Emergency who are in the actual performance of their duties and only during regular duty hours.

Employers are directed to submit the list or names of their respective employees (skeletal workforce) to the Office of the City Mayor for validation and for proper dissemination to the Personnel manning the checkpoints. Likewise, the employers shall issue Certificates of Employment to their personnel. The affected personnel shall always carry with them said Certification;

h. Accredited media practitioners who are in the actual performance of their duties. The president of the local media association is directed to submit the list of media practitioners to the Office of the Mayor for validation and for proper dissemination to the Personnel manning the check points; and
i. Other persons exempted where reasons of valid extreme urgency shall arise as the Local Chief Executive or his duly authorized representative may later warrant or determine.

The above mentioned persons also apply to non-residents who are permitted or suffered to work in Dumaguete City in the performance of their duties and only during regular duty hours.

In all instances enumerated above, everyone is admonished to strictly wear masks and observe social distancing, and to religiously maintain personal hygiene. Establishments concerned must disinfect their establishments or facilities regularly in a day, or as often as they deem necessary.

1.3 Establishment of Checkpoints:

Checkpoints shall be established in strategic areas within the City, and shall be manned by composite teams of PNP, AFP, BFP and Police Auxiliary Personnel, Barangay Officials and Barangay Tanods, Medical Health Personnel, City Traffic Management Personnel, Discipline Zone, Special Enforcement Unit Personnel, LTO Officers, etc. Maximum Tolerance shall be exercised in these designated Checkpoints. (See paragraph 3 of the Memorandum)

The above-named Personnel manning the Checkpoints shall:

a. Check the Other’s License, the registration of the vehicle and its validity:
b. Unless the driver volunteers to surrender the driver’s license or the original copy of the Certificate of Registration of the said vehicle, he or she cannot be allowed to pass through the checkpoint.

A Temporary Safe Pass shall be accordingly issued upon surrender of the Driver’s License or the original copy of the Certificate of Registration of the said vehicle. The Driver’s License or the original copy of the Certificate of Registration of the said vehicle shall be returned upon exiting the same checkpoint established where they entered and upon surrender of the Temporary Safe Pass;

c. Ask pertinent questions as to the specific purpose and duration of their travel or transit and remind drivers that there shall be no deviation of destination as declared;
d. Enforce No Helmet – No Entry Policy;
c. Enforce No Facemask – No Entry Policy;
f. Enforce No color-coded Passes – No Entry Policy;
g. Subject every person to thermal body scanning. Any person who has a temperature reading of 38 degrees Celsius and above shall be refused envy and advised for home quarantine.
h. Violators of City Traffic Ordinances and/or National Traffic Laws shall be apprehended and/or Confiscation of Driver’s Licenses and shall be dealt with accordingly by the imposed fines and/or penalties as provided for by the relevant Ordinances or laws;

An Arbitrary Board of the Office of the City Mayor shall decide with finality whether or not to return the confiscated Driver’s License. Decisions shall become final and executory;

i. For those traveling on foot, they shall be required to surrender their IDs before entering and passing the checkpoints. These IDs shall only be returned upon exiting the same checkpoint established where they entered. Likewise, enforcers shall ask questions as to the purpose and duration of their travel or transit. There shall be no deviation of destination as declared;
j. Should those entering on foot are found out not to be in accordance with the purpose of their entry, such as any or all of the following: to buy or access basic necessities, food, medicine and access to medical assistance and essential health services, their surrendered IDs shall be from them;
k. For those passengers commuting by using tricycles with issued franchises to operate in Dumaguete City, they shall also show their respective color-coded passes;
l. Any tricycle (MCH) that exceeds the number of passengers, as required for social/physical distancing based on the Guidelines of the Land Transportation Office (ITO), those identified passengers who exceed the maximum number of passengers shall be refused entry and the tricycle driver and/or operator shall be given a penalty of Stern Warning not to board the excess passengers or commuters; lest a stiffer penalty and/or offense shall be filed to the appropriate court, tribunal or regulatory agency.

1.4 Issuances of Color-Coded Passes:

1.4.1 The City Government of Dumaguete, in coordination with the thirty (30) different Barangays, shall issue the color-coded passes to households or group of households in the barangays in Dumaguete City, consistent with the Stay-at-Home Policy. As much as feasible, each household or group of households shall be issued one (1) color-coded Pau (Red, Blue or Black) for this purpose, as enumerated in Nos. 1.1.a1 to 1.1.a.3, with the exemptions as enumerated in Not 1.2.a to 1.2.1.

The following we the Color-Coded Passes to be issued:

Color             Inclusive Daus and Tints of Travel

RedMondays7AM to 12 PM
Thursday1PM to 6PM
BlueTuesdays7AM to 12PM
Fridays1PM to 6PM
BlackWednesdays7AM to 12PM
Saturdays1PM to 6PM
YellowWorking DaysWorking Time

1.4.2 No Travel for residents of Dumaguete City outside of home quarantine shall be allowed on a Sunday, except for non-residents in transit and the purpose of their entry are any or all of the following: to buy or access basic necessities, food, medicine and access to medical assistance and essential health services.
1.4.3 Issued color-coded passes we also labeled and assigned based on schedule either on a morning (AM) or afternoon (PM) safe passage. This is non-negotiable
1.4.4 Yellow passes are issued to employers and employees for access to their respective essential businesses or entities. And these yellow passes are valid only during their regular duty hours. Provided also that the employers shall comply with the conditions set forth in 1.2.g, second paragraph.
1.4.5 Residents of Dumaguete City without the authorized color-coded passes are enjoined to stay at home. Any person roaming within the City without the color-coded pass shall be directed to return to his/her respective dwelling, and strictly observe home quarantine. Any eventual Disobedience and/or Resistance from an order of a lawful Agent of Authority or Person In Authority shall be apprehended and be dealt with in accordance with the pertinent order, law and/or ordinance.

1.4.6 Resident senior citizens without any members in their households are ineligible to receive any of the color-coded passes. They can only coordinate and seek assistance with the Barangay Officials, Barangay Tanods and Purok Chairmen for the latter to assist them in procuring their essential needs.

1.4.7 Hotel or resort guests and/or tourists who are staying within Dumaguete City are ineligible to receive any of the color-coded passes. They can only coordinate and seek assistance with the hotel or resort management and/or owners for the latter to assist them in procuring their essential needs.

1.5 Temporary Safe Pass

a. Non-residents who enter the City premises shall be given temporary safe passes for a limited Time Duration within the day when they enter the City. If they enter in the morning’ or in the afternoon, as the case may be, they shall also leave the City within the same morning or afternoon of the same day, as the circumstances may warrant. Provided that the purpose of their entry is any or all of the following: to buy or access basic necessities, food, medicine and access to medical assistance and essential health services.

Provided further, that they undergo the necessary procedure at the checkpoints as enumerated in Nos. 1.3b, e, d, e, f and g.

They can only be allowed entry on the following:

Inclusive Days and Time of Travel

Tuesday1PM to 6PM
Thursdays7AM to 12PM
Sundays7AM to 12PM

These non-residents who are allowed entry shall only belong to Cluster 1 where the LGUs, aside from Dumaguete City, are the following: Municipalities of Bacong, Dauin, Zamboanguita and Siaton in the south. including Valencia. and the Municipalities of Sibulan, and San Jose in the north.
For those who are residents of LOUs belonging to Clusters 2, 3 and 4. entry can only be made possible through access to medical assistance and essential health services.
b. Travelers in transit using their own private vehicles to another destination or place outside of Dumaguete City shall continue safe passage without deviating or stopping, unless, they expressly avail themselves to buy or access basic necessities, food and medicine or stopping at a fuel station for refueling. Temporary Safe Passes shall be issued at the Entry Checkpoints. and shall be surrendered at the desired Exit Checkpoints.
c. Employees covered by No. 1.2 working and passing thru Checkpoints within the curfew hours (9:00 PM to 5:00 AM) may not need to surrender their Driver’s Licenses, provided that they shall show documentary proof that they are working within the curfew hours issued by their respective companies.

Section 2. Essential Government Services. The following are deemed as “essential government services”:

a. Executive and legislative decision-making (i.e., City Mayor’s Office, Vice-Mayor’s Office, City Administrator’s Office, City Human Resource Office, City Legal Office, those manning the COVID-19 Hotlines and Crisis Management Center, the Inter-Agency Task Force on COVID-19);
b. Medical, health and emergency services (Le, City Health, City Nutrition, City Disaster Risk Reduction and Management, Bumpy Health Workers. Barangay Nutrition Scholars);
c. Financial transactions (i.e., City Accountant, City Budget and City Treasurer: City Planning);
d. Social services (Le., City Social Welfare. City Sectoral Desk, City Economic Enterprise);
e. Local security and law enforcement (i.e., City Police, Traffic Management Office. Barangay officials, City Legal); and
f. Public works and services (La, City Engineer, City Environment and Natural Resources Office, General Services Office, Barangay garbage collection).

All essential government services shall remain functional during the duration of this Stay-At-Home rule. Affected offices shall be manned by a skeletal force during business or office hours, employing schemes such as work-hour reduction and duty shifts. The concerned Head of Office shall identify the skeletal force in the Office, and issue a Certification to that effect. The affected personnel shall always carry with them said Certification.

Section 3. Free Access of Frontline and Essential Government Workers. All frontline health and medical workers (doctors, nurses, medical technologists, radiology technicians, hospital or clinic personnel and utility staff) shall have unrestricted access through City checkpoints. Likewise, all private essential businesses shall provide priority lanes for these frontline workers.

Section 4. Enjoin all residents and/or transients of Dumaguete City to undertake the Stay-At-Home Scheme and be with their families unless by reason of extreme necessity, urgency or emergency, and constrained to leave their respective dwellings for reason of business, work, profession or office.

Section 5. Encourage also residents and transients of Dumaguete City to directly buy essential commodities in their neighborhood sari-sari stores or grocery stores duly observing the Social Distancing Policy. Drinking Liquor in public shall be strictly prohibited for the time being.

Section 6. Call upon the Composite Teams, as specifically mentioned in No. 1.3, first paragraph, to strictly enforce this Order.

Section 7. Separability Clause. Should any provision of this Order be declared invalid, illegal or unconstitutional thereafter, the other provisions being thus unaffected thereby shall remain valid, legal and subsisting.

Section 8, Effectivity Clause. This Executive Order shall commence to take effect on the 3rd day of April 2020, and shall remain in full force within one (I) month from date of effectivity until further notice.

Done this 30th day of March, 2020 in Dumaguete City, Negros Oriental, Philippines.