DEPARTMENT of the Interior and Local Government (DILG) spokesperson Undersecretary Jonathan Malaya reminded the local government units (LGUs) on Tuesday, June 14, of the Executive Order (EO) 151, which adopts the guidelines for the implementation of the Alert Level System in the country amid the coronavirus disease (Covid-19) pandemic.EO 151, which approves the nationwide implementation of the Alert Level System for Covid-19 response, was signed by President Rodrigo Duterte on November 11, 2021.Highlight of the Inter-Agency Task Force (IATF) resolution on the implementation of Alert Level System is the public’s adherence to minimum public health standards (MPHS) consistent with the Department of Health Administrative Order 2021-0043, which includes the mandatory wearing of face masks especially in public areas in places under Alert Levels 1 to 5.“Although it is true that IATF resolutions are primarily recommendatory, when adopted by the President through an executive order then it becomes the law of the land,” Malaya said in an interview with CNN Philippines.Malaya made the statement in response to what Cebu Governor Gwendolyn Garcia said, also during an interview with CNN on Tuesday, June 14, that IATF resolutions are simply recommendatory.Garcia said IATF resolutions require or ask LGUs to issue the necessary resolutions or ordinances in support of such recommendations or guidelines.In the absence of a penalty clause in the IATF resolutions, the EO issued by the President can be implemented in two ways: with the LGUs passing ordinances and policies adopting or supporting the EO, or through the Philippine National Police (PNP).He said the LGUs may come up with an ordinance setting the penalty for the non-wearing of face masks.“If the LGUs do not impose a penal imprisonment for example or they do not impose a fine but instead a community service, then that is valid… there’s a leeway on the part of the LGU on how to implement the policy,” said Malaya.Malaya said the secretary of the DILG as an alter ego of the President may implement the EO through the PNP in case the LGU does not have its own policy particularly on MPHS.“If the ordinance does not state an arrest, can the PNP still arrest? Yes, because if a person in authority calls on a person to follow and he does not follow, then it becomes a violation of the Revised Penal Code, which is disobedience to a person in authority… it becomes a violation of the national law,” he said.“We have always been very lenient about implementing this…lagi naman last resort ‘yung arrest ‘yung talagang matitigas lang ang ulo at nakikipagaway na sa pulis. It has never been our policy na aresto ka agad… pagsasabihan sisistahin lang muna ‘yung tao,” he added.Earlier, Garcia issued an executive order lifting the mandatory wearing of face masks in Cebu province.The DILG said it does not recognize Garcia’s order, as it deviates the policies issued by the IATF.DILG Secretary Eduardo Año ordered the PNP to continue the apprehension or arrest, if necessary, of the violators of the protocols.Garcia stood her ground even if the DILG already said that it is eyeing the issuance of a show cause order against her for refusing to follow a national law.Justice Secretary Menardo Guevarra said the EO issued by the President of the country prevails over any other resolutions or EOs issued by LGUs. (SunStar Philippines)