REPUBLIC OF THE PHILIPPINES

7th JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH ______
CEBU CITY

ATTY. CLARENCE PAUL V. OAMINAL

And ATTY. VALENTINO C. BACALSO JR.,
Petitioners.

- versus - SP CIVIL ACTION No. ____

For: Declaratory Relief

INTER-AGENCY TASK FORCE for

the MANAGEMENT OF EMERGING
INFECTIOUS DISEASES (IATF-MEID)
As Represented by its Chairman, Secretary
FRANCISCO T. DUQUE III of the
Department of Health,
Respondent.
x------------------------------x

PETITION TO DECLARE THE IATF RESOLUTION NO. 114

AS INEFFECTIVE WITHIN THE JURISDICTION OF
CEBU PROVINCE WITH PRAYER FOR URGENT ISSUANCE
OF TEMPORARY RESTRAINING ORDER AND WRIT OF
PRELIMINARY INJUNCTION

Petitioners by counsel most respectfully state that:

NATURE OF THIS PETITION

This is a taxpayers’ suit under Rule 63 of the Revised Rules of Court

seeking to judicially declare IATF Resolution No. 114 dated May 6, 2021
and its subsequent modifications on the same subject matter on swabbing
and quarantine protocols for arriving Overseas Filipino Workers and
Returning Overseas Filipinos as inapplicable and ineffective within the
territorial jurisdiction of Cebu Province due to the subsistence of and
conflict with Cebu Provincial Ordinance No. 2021-04 as amended and
Executive Order No. 17 validly enacted pursuant to Sections 105 and 16 of
Republic Act No. 7160 or The Local Government Code of the Philippines of
1991.

THE PARTIES

Petitioners:

1. Atty. Clarence Paul V. Oaminal is a Filipino practicing lawyer

residing at 3rd St., Carmen Village, Talisay City, Cebu, Philippines with
Taxpayer’s Identification No. 229963452000.
 2. Atty. Valentino C. Bacalso is likewise a Filipino practicing lawyer
residing at 482 Rafael Rabaya Road, Kimba, San Roque, Talisay City, Cebu
with Taxpayer’s Identification No. 703773884000.

Petitioners may be served with summons, orders or other processes of

this Honorable Court at their respective address or to the address of the
undersigned counsel provided below.

Petitioners are instituting this suit to prevent the unnecessary

defrayment of Overseas Workers Welfare Administration (OWWA) funds
for the sweeping 10-day hotel quarantine on returning Overseas Filipino
Workers arriving in Cebu Province mandated under IATF Resolution No.
114.

Respondent:

3. The Inter-Agency Task Force for Management of Emerging

Infectious Diseases (IATF, for brevity), is a collegial creation of Presidential
Executive Order No. 168, series of 2014 with principal office at the
Department of Health, San Lazaro Compound, Sta. Cruz, 1015 Manila. It is
represented in this suit by its Chairman, Secretary Francisco Y. Duque III
where it may be served with summons and other processes emanating from
this Honorable Court. It may also be served with summons through the
Republic’s Solicitor General at 134 Amorsolo St., Legaspi Village, Makati
City 1229, Philippines pursuant to Section 15 of Rule 14 of the 2019
Amendments to the Rules on Civil Procedure.

FACTUAL ANTECEDENTS

4. On May 26, 2014,1 then President Benigno Simeon C. Aquino III

signed Executive Order No. 168 creating the Inter-Agency Task Force for
the Management of Emerging Infectious Diseases in the Philippines (IATF,
for brevity). It was initially composed of the representatives of the
Department of Health, as the Chairperson and the Department of Foreign
Affairs, Department of Interior and Local Government, Department of
Justice, Department of Labor and Employment, Department of Tourism and
the then Department of Transportation and Communications, as members.

5. In its mandate, the IATF may call upon any department, bureau,
office, agency or instrumentality of the government, including
Government-Owned or Controlled Corporations, government financial
institutions, local government units, non-government organization and the
private sector FOR ASSISTANCE as the circumstances and exigencies may
require.2

6. In the same Executive Order No. 168, the DOH Secretary is tasked
upon to recommend to the President the enlistment of the Armed Forces of
the Philippines and other law enforcement agencies for the purpose of
enforcing the quarantine of SPECIFIC AREAS or facilitating the transport
1
https://www.officialgazette.gov.ph/2014/05/26/executive-order-no-168-s-2014/
2
Section 1, Executive Order No. 168 s. 2014.

2
of EID patients, and for such other purposes for the effective implementation
of said Order3.

7. The functions of the IATF are thus outlined in Executive Order No.
168 in the following wise:

a. Establish a system to identify, screen, and assist Filipinos

suspected or confirmed to be infected with EID;
b. Prevent and/or minimize the entry of suspected or confirmed
patients with EID into the country. This should include rigid
screening and identification of EID suspects, and the
institutionalization of a surveillance, alert, and quarantine system
in all ports of entry;
c. Prevent and/or minimize the local spread of EID in the country
through the establishment or reinforcement of a system in
screening possible patients infected with EID, contract tracing,
identification of the mode of exposure to the virus, and
implementation of the effective quarantine and proper isolation
procedures;
d. Prevent and/or minimize mortality through the effective clinical
management by capacitating healthcare facilities, government and
private medical practitioners, healthcare workers, and public safety
officers;
e. Educate the public on EID and its prevention, control and
management to promote positive health behaviors, and address
public fear and anxiety through the conduct of a nationwide EID
awareness campaign;
f. Adopt measures to strengthen the Emerging and Re-Emerging
Infectious Diseases Program of the DOH or its equivalent in other
local health units;
g. Notify the WHO of the EID cases in the country and its assessment
of the EID situation;
h. Submit to the Office of the President regular status reports in the
monitoring of EID;
i. Formulate, develop, implement, and oversee the EID Preparedness
Manual for the prevention and control of EID; and
j. Perform such other functions and activities as may be necessary to
carry out the provisions of the Order, or as the President may
direct.

8. On January 22, 2020, the first suspected case of new coronavirus

from China was investigated in the Philippines. Both patients were Chinese
nationals on vacation travelling as couple on January 2020.4

9. On January 28, 2020, the IATF was activated when the new
coronavirus outbreak was reported by the Chinese health authorities in
Wuhan City by issuing its Resolution No. 01 proposing to the President the

3
Id.
4
https://pubmed.ncbi.nlm.nih.gov/32308532/
First COVID-19 infections in the Philippines: a case report.

3
temporary restriction on issuance of visas for travelers from Hubei Province
of China.

10. On January 30, 2020, the Department of Health reported the first
case of COVID-19 in the country.5

11. On March 07, 2020, the first local transmission of COVID-19 in

the Philippines was confirmed6 by the DOH.

12. On March 16, 2020, the President issued Proclamation No. 929
declaring a State of Calamity throughout the Philippines due to corona virus
disease 2019 for a period of six (6) months. The first Enhanced Community
Quarantine was declared throughout Luzon beginning 12 midnight of March
16, 2020 until April 12, 2020. In the same proclamation, all government
agencies and LGUs were enjoined to render full assistance to and
cooperation with each other and mobilize the necessary resources to
undertake critical, urgent, and appropriate disaster response aid and measure
in a timely manner to curtail and eliminate the threat of Covid-19. Such
State of Calamity due to Covid-19 was extended for one (1) year effective
September 13, 2020 to September 12, 2021 by Proclamation No. 1021 which
was signed on September 16, 2020.7

13. On March 23, 2020, Republic Act No. 11469 or the Bayanihan to
Heal as One Act was passed by Congress and signed by the President on
March 24, 2020.8

14. Under Section 4 (g) of R.A. 11469, the President was granted
emergency powers, among others, to:

a. Ensure that all Local Government Units (LGUs) are acting within
the letter and spirit of all rules, regulations and directives issued by
the National Government pursuant to the Act;
b. Are implementing standards of Community Quarantine consistent
with what the National Government has laid down for the subject
area, while allowing LGUs to continue exercising their autonomy
in matters undefined by the National Government or are within the
parameters it has set; and
c. Are fully cooperating towards a unified, cohesive and orderly
implementation of the national policy to address COVID-19.

Republic Act No. 11469 or The Bayanihan to Heal as One Act

expired after three (3) months or on June 24, 2020.

15. On April 17, 2020, the IATF issued Resolution No. 259 listing its
RECOMMENDATION RELATIVE TO THE MANAGEMENT OF THE
CORONAVIRUS DISEASE 2019 (COVID-19) SITUATION, inter alia:

5
https://cnnphilippines.com/news/2020/1/30/Philippines-coronavirus-case.html
6
https://doh.gov.ph/doh-press-release/doh-confirms-local-transmission-of-covid-19-in-ph
7
https://www.officialgazette.gov.ph/2020/03/16/proclamation-no-929-s-2020/
8
https://www.officialgazette.gov.ph/2020/03/24/republic-act-no-11469/
9
https://iatf.doh.gov.ph/wp-content/uploads/2021/02/IATF-Resolution-No.-25.pdf

4
 a. The IATF adopts a national-government-enabled, LOCAL
GOVERNMENT (LGU)-LED, and people-centered response to
the COVID-19 health event. In materializing the aforementioned
general principles, all agencies are directed to recommend
sector-specific plans, strategies and targets to the IATF. The
National Task Force (NTF) COVID-19 is likewise directed to
develop the necessary operational plans. LGUs are enjoined to
pursue regional cooperation in LEADING THE FIGHT
AGAINST COVID-19; and

b. The Department of Interior and Local Government (DILG), in

coordination with Local Government Units (LGUs), shall
hereafter lead the contact-tracing efforts of the government. For
this purpose, the Department of Health (DOH) and the DILG are
directed to enter into a data-sharing agreement (DSA) in
accordance with Republic Act No. 10173 or the Data Privacy Act.

16. On May 22, 2020, the IATF issued the “OMNIBUS

GUIDELINES ON THE IMPLEMENTATION OF COMMUNITY
QUARATINE IN THE PHILIPPINES.10 Under Section 8 thereof, LGUs are
enjoined to enact the necessary executive order or ordinance to carry out
minimum public health standards. These guidelines were partly amended on
June 03, 2020, on October 15, 2020, on October 22, 2020 and May 6, 2021
but with the same recognition of the leading role of LGUs in the fight
against Covid-19.

17. On July 27, 2020, Congress passed Republic Act No. 1149411 or
the Bayanihan to Recover as One Act. Among the provisions of the statute
relating to the LGUS are found in Section 4 (p) thereof, viz:

a. Ensuring that all LGUs are acting within the letter and spirit of all
the rules, regulations and directives issued by the national
government pursuant to the act;
b. Implement standards of CQ (community quarantine) consistent
with what the national government has laid down for the subject
area, while allowing LGUs to continue exercising their autonomy
in matters undefined by the national government or are within the
parameters it has set;
c. Are fully cooperating towards a unified, cohesive and orderly
implementation of the national policy to address COVID-19;
d. Provided, that pursuant to the constitutional right of freedom of
movement of persons, the IATF-EID shall be responsible for
providing GUIDANCE on cross-border concerns, including but not
limited to, Locally Stranded Individuals (LSIs), OFWs, domestic
travelers and resident while the LGU SHALL DETERMINE THE
POLICIES AND REGULATIONS WITHIN THEIR
RESPECTIVE JURISDICTION.

10

https://doh.gov.ph/sites/default/files/health-update/omnibus-guidelines-on-the-implementation-of-communi
ty-quarantine-in-the-philippines0702.pdf
11
https://www.officialgazette.gov.ph/2020/09/11/republic-act-no-11494/

5
 Republic Act No. 11494 or The Bayanihan to Recover as One Act
expired on December 19, 2020.

18. On March 30, 2021, Governor Gwendolyn F. Garcia of Cebu

issued Executive Order No. 17 entitled ‘DEFINING THE PROTOCOLS TO
BE OBSERVED BY REPATRIATED OVERSEAS FILIPINO WORKERS
AND RETURNING NON-OFWs TRAVELLING TO THE PROVINCE OF
CEBU, allowing unimpeded entry into the Province of Cebu returning
Overseas Filipino Workers (OFWs) and non-OFWs or Returning Overseas
Filipinos (ROFs) but subject to the following requirements:

a. Completely accomplished online Mactan-Cebu International

Airport Passenger Registration Form via the MCIAA website;
b. Proof of a pre-booked hotel accredited by the DOT and the DOH
for transient stay pending results of an RT-PCR test;
c. Upon arrival in Cebu, the DOH will administer a COVID-19
RT-PCR Test upon the OFW or returning non-OFW free of charge.
Thereafter, and pending the release of the COVID RT-PCR Test
Results, he or she will be transferred in his or her pre-booked
hotel;
d. Since the use of the accredited hotel is for transient stay until
negative RT-PCR Test result is released as opposed to Quarantine –
that puts in isolation a person for a fixed number of days to prevent
the spread of disease, accredited hotels accepting OFWs and
returning non-OFWs waiting for their RT-PCT Test results shall
also be allowed to accept other bookings from the general public
subject to health and safety protocols as prescribed by the DOH;
e. Upon release of a negative RT-PCR Test result, the OFW or
returning non-OFW shall be allowed to depart for his or her local
government unit of destination. No other requirement shall be
imposed by the LGU in this regard; and
f. Should the RT-PCR Test Result turn out positive, the health
protocols for the treatment of COVID-19 positive persons of the
DOH shall be followed.

A certified true copy of the Governor’s Executive Order No. 17 is

attached as Annex “A” of this Petition.

19. In justifying her Executive Order No. 17, the Governor of Cebu
cites the following reasons in the promulgation of the foregoing protocols:

a. The Modified General Quarantine Community (MGCQ)

classification of the Province of Cebu;
b. Cognizance of the significant contributions made by OFWs to the
country thus necessitating provisioning of reasonable guidelines to
ensure their seamless travel to their LGU of residence;
c. Section 7 (f) of the IATF’s Omnibus Guidelines on the
Implementation of Community Quarantine on interzonal and
intrazonal movement, quoted thus: Repatriated OFWs or returning
non-OFWs who have issued a DOH or LGU certificate of

6
 completion of fourteen (14) – day facility-based quarantine, those
who may be required to undergo a mandatory fourteen (14) – day
home quarantine, or those who are issued with travel authority
upon testing negative for COVID-19 whichever is earlier, shall be
granted unhampered transit across zones to allow maritime vessels
or aircraft transporting the aforementioned OFWs and non-OFWs
to dock or land at their ;ports of destination. NO OTHER
REQUIREMENTS SHALL BE IMPOSED BY THE LGUs in this
regard;
d. The requirement of quarantining an OFW and returning non-OFW
and swabbing them only on the 5th day after their arrival puts a
heavy financial burden on the returning non-OFW and bludgeons
the finances of the OWWA that may very well be used for other
purposes.

20. On May 14, 2021, the Sanggunian Panlalawigan of the Province

of Cebu passed Ordinance No. 2021-04 which under Section 5 thereof
reproduced the protocols outlined in the Governor’s Executive Order No. 17.
A copy of the Provincial Ordinance No. 2021-04 is attached as Annex “B”
of this petition.

21. On June 15, 2021, the same Sanggunian Panlalawigan of the

Province of Cebu enacted Ordinance No. 2021-05 amending paragraphs e, f
and g of Section 5 of its previous Ordinance No. 2021-04 as to read as
follows:

e. Upon the release of their negative RT-PCR Test Result, the OFWs,
returning Non-OFWs and ROFs who are not Cebu Residents shall
be released and shall be allowed to leave for their LGU of
destination that is outside of Cebu. The LGU of destination that is
outside of Cebu shall be responsible for the second (2nd) RT-PCT
Test to be conducted on the seventh (7th) day;
f. Upon release of a negative RT-PCR Test Result, the OFWs,
returning non-OFWs and ROFs who are Cebu Residents shall be
immediately release and allowed to proceed to their LGUs of
residence where they will undergo facility or home quarantine for
the remaining balance of the fourteen (14) days to be monitored by
Barangay Health Emergency Response Team. On the seventh (7th)
day from the arrival, the OFWs, returning non-OFWs and ROFs
shall again be subjected to another RT-PCR Test by the LGU of
residence in Cebu;
g. Should the RT-PCR Test Result turn out positive, the health
protocols for treatment of COVID-19 positive persons of the
Department of Health shall be followed. The above-mentioned
protocols shall also be applicable to and observed by the following
persons: returning Overseas Filipino Workers, returning Overseas
Filipino citizens, and dual citizens with active Filipino passports or
who have Certificate of Dual Citizenship.

A certified true copy of the amendatory Cebu Provincial Ordinance

No. 2021-05 is attached as Annex “C” of this petition.

7
 22. Meanwhile, on May 6, 2021, the IATF issued the now-assailed
Resolution No. 114, providing the following protocols on inbound travelers
to the Philippines that:

a. All arriving travelers shall undergo fourteen (14) day quarantine

upon arrival. The first ten days of which shall be observed in a
quarantine facility, with the remainder to be completed under home
quarantine in their respective local government units of
destination;
b. Reverse Transcription Polymerase Chain Reaction (RT-PCR)
testing shall be conducted on the seventh day with Day 1 being the
day of arrival. Notwithstanding a negative test result, the arriving
traveler shall complete the facility based quarantine period of ten
days; and
c. The Bureau of Quarantine shall ensure strict symptom monitoring
while in the facility quarantine for 10 days.

In order to operationalize the foregoing protocols, the IATF among

others, directed the Department of Tourism to lead the establishment of a
“One Hotel Command” together with other agencies it may deem fit, to be
able to immediately and efficiently address concerns of those undergoing
facility-based quarantine and the DOTr to ascertain that swabbing will be
done at exactly the seventh day and results to be delivered on the ninth day.
Day of release from the quarantine facility shall be standardized on the tenth
(10th) day.

23. On May 20, 2021, the IATF issued Resolution 116 amending its
Sec. 7(2)(d) of the Omnibus Guidelines on the Implementation of
Community Quarantine in the Philippines relating to inbound international
passengers, to wit:

d. The inbound international travel of all persons, regardless of

vaccination status, to any port of the Philippines, shall be governed
by the following entry testing and quarantine protocols:

1. All arriving travelers shall undergo a fourteen (14)-day

quarantine upon arrival with the day of arrival being the first day. The
first ten days shall be observed in a quarantine facility, with the
remainder to be completed under home quarantine in their respective
local government units of destination;
2. Reverse Transcription Polymerase Chain Reaction (RT-PCR)
testing shall be conducted on the seventh day of quarantine.
Notwithstanding a negative test result, the arriving traveler shall
complete the facility-based period of ten (10) days;
3. The Bureau of Quarantine shall ensure strict symptom
monitoring while in the facility quarantine for ten (10) days; and
4. The foregoing shall be subject to special protocols approved by
the IATF or the Office of the President for certain classes of travelers
or ports of origin.

8
 For purposes of these protocols, facility quarantine quarters are
DOT-Accredited Accommodation Establishments with Certificates of
Authority to Operate for Staycation (CAOS) also termed as “Staycation
Hotels”.

24. On May 27, 2021, upon the recommendation of respondent IATF,

Executive Secretary Salvador C. Medialdea issued a Memorandum diverting
all international flights bound for the Mactan-Cebu International Airport to
Ninoy Aquino International Airport effective 001H of 29 May 2021 until
2359H of 05 June 2021.12 It was extended for another week until June 12,
2021.13

25. On June 1, 2021, Cebu Governor Garcia and her team met with
the President to explain and argue for the Provincial Ordinance No. 2021-04
as amended by Ordinance No. 2021-05 and her Executive Order No. 17.
According to the wires, the President during the meeting tasked the Health
Secretary to critique on Cebu’s response measures.

26. On June 14, 2021, Presidential and IATF Spokesperson Harry

Roque Jr. announced on TV that the President has decided that the IATF
protocols must be implemented by the Cebu Province. No written Executive
Order however was quoted by him during the press conference or issued
subsequent to his pronouncement.

27. On June 17, 2021, the IATF issued Resolution No. 122 reiterating
for the strict enforcement of its current testing and quarantine protocols for
inbound international travelers in all ports of the country regardless of any
specific protocols that may be issued by local government units to the
contrary. In the same resolution, it directed the regional offices of the DILG,
DOH AND BOQ, DOT, DOTr, DOLE and OWWA, the PNP and the AFP to
ensure strict adherence to its protocols on inbound international passengers.

ISSUE

WHETHER OR NOT IATF RESOLUTION NO. 114 CAN BE

ENFORCED WITHIN THE PROVINCE OF CEBU
NOTWITHSTANDING THE ENACTMENT OF PROVINCIAL
ORDINANCES NO. 2021-04 AND 2021-05 AND EFFICACY OF
EXECUTIVE ORDER NO. 17.

DISCUSSION AND ARGUMENTS

Provincial Ordinance 2021-04

is a valid local legislation with
EO 17 being a valid exercise of
the Cebu Governor’s executive
powers under R.A. No. 7160.
12
https://www.philstar.com/headlines/2021/05/29/2101648/flight-diversion-cebu-naia-wider-quarantine
13
https://newsinfo.inquirer.net/1443239/diversion-of-intl-flights-from-cebu-to-naia-extended-until-june-12

9
 28. Ordinances, like laws, enjoy the presumption of validity. This
presumption may however be rendered naught by a clear demonstration that
the ordinance is irreconcilable with a constitutional or legal provision, that it
runs afoul of morality or settled public policy, that it prohibits trade or that it
is oppressive, discriminatory, or unreasonable. Thus, unless invalidity or
unreasonableness is ostensibly apparent, one seeking a judicial declaration
of the invalidity of an ordinance is duty-bound to adduce evidence that it is
convincingly indicative of its infirmities or defects.14

29. The presumption of validity is a corollary of the presumption of

constitutionality, a legal theory if common law origin developed by courts to
deal with cases challenging the constitutionality of statutes.15

30. The presumption of constitutionality, in its most basic sense, only

means that courts, in passing upon the validity of a law, will afford some
deference to the stature and charge the party assailing it with the burden of
showing that the act is incompatible with the constitution.16

31. The United States Supreme Court expressed the rationale for the
presumption in Ogden v. Saunders, thus: it is but a decent respect due to the
wisdom, the integrity, and the patriotism of the legislative body by which
any law is passed to presume in favor of its validity.17

32. For the same reason, the presumption extends to legislative acts of
local governments, as well. Thus, ordinances too are presumed
constitutional, and, in addition, they are also presumed consistent with the
law. This is necessary because one of the requisites of a valid ordinance is
that it does not contravene any statute.18

33. The presumption is all in favor of validity. The action of the

elected representatives of the people cannot be lightly set aside. The Cebu
Provincial Board members must, in the very nature of things, be familiar
with the necessities of their particular province and with all the facts and
circumstances which surround the subject and necessitate action. The local
legislative body, by enacting the Ordinance 2021-04 as amended has in
effect given notice that the regulations are essential to the well-being of the
inhabitants within the Cebu Province.19

34. The Governor of the Province of Cebu was well within her
powers, duties and functions under Section 465 of Republic Act No. 7160
when she issued Executive Order No. 17 effective for the entire province
which is to carry out such emergency measures as may be necessary during
and in the aftermath of man-made and natural disasters and calamities.20

14
City of Cagayan de Oro vs. Cagayan Electric Power and Light Co., G.R. 224825, October 17, 2018
15
Ibid
16
Ibid
17
Ibid
18
Ibid
19
See Ermita-Malate Hotel and Motel Operators Association, Inc. v. City Mayor of Manila, 127 Phil. 306
20
Sec. 465(b)(vii), Republic Act 7160

10
 35. IATF Resolution No. 114 including its amendments or correlative
resolutions cannot supplant Cebu Provincial Ordinance Nos. 2021-04 and its
amendatory ordinance numbered 2021-05 while they are still valid and
effective within the territorial jurisdiction of Cebu for only courts can
declare these ordinances invalid or the Sanggunian Panlalawigan abrogates
or repeals it.

36. In the hierarchy of things, the constitution reigns supreme,

followed by the laws enacted by Congress then the local ordinances. Rules
and regulations issued by the national agencies whether individually or
collegially do not have the permeating effects as greater than that of a local
law or ordinance. At most, these administrative acts are effective only within
the sphere of the national agency or agencies under it or under them for
implementation.

37. The protocols defined in Provincial Ordinance No. 2021-04 as

amended by 2021-05 and Executive Order No. 17 are clearly not against
avowed national protocols on swabbing and quarantine of arriving OFWs
and ROFs.

38. Albeit, these Cebu provincial ordinances and executive order

enhance national protocols by prescribing double swabbing (the first swab to
be administered upon arrival and the second on the 7th day while under
home quarantine) where IATF Resolution No. 114 protocols requires only
one swabbing to be done on the seventh day while in a hotel or ‘staycation’
quarantine.

39. The assumption used in the IATF Resolution No. 114 is quite
disturbing where for purposes of enforcing its protocols on swabbing on the
7th day and hotel quarantine until the 10th day, respondent IATF sets and
counts as the Day 1 the very date of arrival of an OFW or ROF.

40. This assumption is dangerous since it disregards the likelihood

that an OFW or ROF may have been infected with Covid-19 days prior to
travel as it is nonsensical as it presumes all passengers on board one flight
bound to the Philippines are COVID-19 clean upon embarkation thus not
needing tests upon disembarkation on Philippine airports.

41. By its seventh day swabbing protocol counted on the day of

arrival, respondent IATF may have unwitting advanced an amazing medical
thesis that arriving OFWs and ROFs may contract Covid-19 only on
Philippines shores.

42. There is not much debate on the scientific claim that the viral load
of this novel virus is highest on the seventh day. What is highly questionable
is the assumption set forth by respondent as to when to reckon the first day
for purposes of determining the seventh day viral load which is the date of
arrival of returning OFWs and ROFs, which is clearly not an empirical
evidence

11
 43. For how can one believe it as close to being believable where
respondent IATF impliedly assumes all passengers in one inbound flight to
have originated from the same place with exactly similar climate and
conditions and all of them behaving in wondrous synchrony prior to their
travel to the Philippines?

Provincial Ordinance 2021-04

and its amendatory ordinance
2021-05 as well as Executive
Order 17 are promulgated in
the exercise of the principles of
local autonomy.

44. Article II, Section 25 of the 1987 Philippine Constitution declares

that the State shall ensure the autonomy of local governments. In Article X,
Section 2, it further ordains that all the territorial and political subdivisions
of the Republic shall enjoy local autonomy.

45. By the constitutional mandate in Article X, Section 3, Congress

passed Republic Act No. 7160 or The Local Government Code of 1991
which declares under Section 2 (a) the State policy that the territorial and
political subdivisions of the State shall enjoy genuine and meaningful local
autonomy to enable them to attain their fullest development as self-reliant
communities and make tem more effective partners in the attainment of
national goals.

46. The Code likewise declares it as a State policy to require all

national agencies and offices to conduct periodic consultations with the
appropriate local government units before any program is implemented in
their respective jurisdiction.

47. Section 16 of the same Code, on General Welfare, also 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.

48. Under Section 17 of the Local Government Code, among the basic
services devolved to local government units is health services which for the
province shall include hospitals and other tertiary health services.

49. The instances where the national government through the

Department of Health is allowed to temporarily take over local health
services and strategies is found in Section 105 of the Local Government
Code where it provides that:

“Section 105. Direct National Supervision and Control by the

Secretary of Health. – In cases of epidemics, pestilence, and other
widespread public health dangers, the Secretary of Health, may
upon the direction of the President and in consultation with the
local government unit concerned, temporarily assume direct

12
 supervision and control over health operations in any local
government unit for the duration of the emergency, but in no case
exceeding a cumulative period of six (6) months. With the
concurrence of the government unit concerned, the period for such
direct national control and supervision may be further extended.
50. Cebu Provincial Ordinances No. 2021-04 and 2021-05 as well as
Executive Order 17 are manifestations of the non-concurrence and
repudiation to the continued supervision and control of the Secretary of the
Department of Health over the Province of Cebu, even in the guise of his
hiding under the skirt of respondent IATF. For obviously, the six (6) months
cumulative period suffered to DOH Secretary has long expired.

51. These local laws and regulations on swabbing and quarantine

protocols were not products of whims and caprices but solidly anchored on
empirical data collated by the Provincial Government in the more than one
year of its experience in the frontline of COVID-19 containment
management.21

52. The postulates of local autonomy were never done away with by
the creation of IATF through E.O. 168 series of 2014 as can be gleaned on
the issuances of policy guidelines of respondent IATF itself where it
expressly recognizes the lead role of local government units like the
Province of Cebu22.

53. Congress also was careful in not tinkering with the principles of
local autonomy when its enacted Bayanihan to Heal as One Act (Republic
Act No. 11469) and Bayanihan to Recover as One Act (Republic Act No.
11494).

54. In both of these emergency statutes, Congress allows the LGUs to

continue exercising their autonomy in matters undefined by the National
Government or are within the parameters it has set and determine policies
and regulations within their respective jurisdiction.

55. Where Congress recognizes the power of the Province of Cebu to

enact its own health regulations provided these are within the spirit of the
nationally declared policy during the current pandemic, the assertion of an
ad hoc body like the IATF for its Resolution No. 114 to be ‘strictly’ abided
with within Cebu province over and above the protocols that the latter
formulated through validly enacted ordinances is mere bravado without a
legal leg to stand on.

56. In David v. Arroyo, G.R. No. 171396, May 3, 2006, the Supreme
Court admonishes that even during emergency, governmental action may
vary in breadth and intensity from normal times, yet they should not be
arbitrary; and that the vital lesson that we must learn from the theorists who
studied the various competing political philosophies is that, it is possible to
21
Watch Sugbo News Presscon with Gov. Gwen Garcia on June 7, 2021 at https://fb.watch/6dH4x4hhOP
and press conference at San Franciso, Camotes Island Cebu on May 3, 2021 where DOH Region VII
spokesperson Dr. Jean Lorreche explained the science and wisdom of the Province’s swabbing protocol on
arriving OFWs and ROFs at https://fb.watch/6dHzsaX171/
22
See IATF Resolution No. 25 series of 2020.

13
grant government the authority to cope with crises without surrendering the
two vital principles of constitutionalism: the maintenance of legal limits to
arbitrary power, and political responsibility of the government to the
governed.

The Honorable Court should

declare IATF Resolution No.
114 unenforceable and
inapplicable in Cebu Province
because the Governor and the
Sangguniang Panlalawigan
have the inherent authority to
respond to and protect the
people of Cebu from a public
health emergency.

57. The preceding Local Government Code provisions enable the

Governor to establish reasonable and definite governmental policy for as
long as it is exercise within the parameters of the constitutional principle of
local autonomy.

58. The general welfare clause of the Local Government Code also
gives the Sangguniang Panlalawigan the right and responsibility to exercise
police power to protect the lives of the people in an emergency.23

59. Therefore, in health emergencies such as COVID-19 pandemic,

the Governor of Cebu has the authority to exercise the State’s delegated
police power to the protect the public.

60. COVID-19 is precisely the type of health emergency that calls for
a quick, decisive and innovative measures to save lives, and the Governor
has the express authority and responsibility to respond effectively to protect
the health and safety of the people of this province.

61. IATF Resolution No. 114 is obviously contradictory with Cebu

Provincial Ordinance No. 2021-04 and its amendatory ordinance 2021-05 as
well as Executive Order 17 of the Governor. To the extent the IATF
Resolution No. 114 purports to terminate, supplant and render nugatory the
provincial laws and regulations illegally, it violates Section 105 of R.A. No.
7160.

62. By expressly limiting the temporary control and supervision of the

Secretary of Health for the period of six (6) months unless extended, Section
105 of R.A. No. 7160 necessarily implied, therefore, that the Governor has
the inherent power to respond and control the “health operations” of the
province of Cebu in times of health emergencies.

63. Furthermore, the IATF when they issued Resolution No. 114 has
failed to properly consult the local authorities of Cebu, and, therefore, the

23
See Section 16 of the Local Government Code of 1991.

14
Honorable Court should declare it unenforceable and inapplicable in Cebu
for failing to satisfy the legal requirement of “consultation.”

64. The law explicitly requires prior consultation with the LGU before
the Secretary of Health may exercise temporary direct supervision and
control over health operations of LGU. The IATF or the Secretary of DOH
did not, however, meaningfully consult with the local authorities of Cebu or
the provincial health officer of the province. Thus, IATF Resolution No. 114
is unenforceable and inapplicable in Cebu because the Respondent has
issued it not in consultation with, but in contravention of, the subsisting local
laws and regulations issued by the local authorities.

BY WAY OF APPLICATION FOR AN EX-PARTE TRO, TRO AND

PRELIMINARY INJUNCTION

Petitioners replead mutatis mutandis their allegations in the foregoing

as they further aver that:

65. The insistence of respondent IATF for its Resolution No. 114 to be
upheld and observed in spite of the prevalence of Provincial Ordinances
2021-04 and 2021-5, including Executive Order 17 which touch on the same
subject matter has gone from non-frontal at the beginning with its
recommendation to the Executive Secretary the diversion of flights from
MCIAA to NAIA to being confrontational as of late when it ordered key
personnel of the regional offices of national agencies to strictly follow its
protocols on swabbing and quarantine of returning OFWs and ROFs in
defiance to local laws of Cebu province relative to the same subject matter.

66. By the foregoing recitals, petitioners have established prima facie

that these ordinances and executive order of the provincial government of
Cebu relating to the matter at issue stand on solid legal footing.

67. Petitioners are thus justly entitled to the provisional relief of an

ex-parte temporary restraining order, temporary restraining order and of the
provisional remedy of a preliminary injunction for this Honorable Court to
order respondent IATF to cease and desist from insisting and asserting the
swabbing and quarantine protocols under its Resolution No. 114 and
correlative resolution meanwhile the issues in this suit are still being
threshed out and during the entire pendency of this case.

68. In support hereof, petitioners submit their joint affidavit of merit

alleging how these protocols of respondent will lead into unnecessary wastes
of public funds should it be enforced in the province of Cebu at the expense
of the validly enacted ordinances and executive order on the subject matter.

69. As this is a public interest suit, petitioners most respectfully ask

this Honorable Court to exempt them from posting injunctive bonds in the
event it will act favorably on their application for provisional injunctive
reliefs.

15
 PRAYER

WHEREFORE, premises considered, petitioners most respectfully

and humbly pray that:

I. Upon filing hereof, the Honorable Court will issue an ex-parte

Temporary Restraining Order good for seventy-two (72) hours
ordering respondent IATF and its agents to cease and desist
from enforcing its protocols on swabbing and quarantine of
returning OFWs and ROFs while Cebu Provincial Ordinance
2021-04 and 2021-05 as well Executive Order 17 are in full
force and effect within the territorial jurisdiction of Cebu
province.

II. After separate summary hearings, for this Honorable Court to

issue a 20-day Temporary Restraining Order and subsequently a
preliminary injunction to be effective during the entire
pendency of this suit likewise ordering respondent IATF and its
agents to cease and desist from enforcing its protocols on
swabbing and quarantine of returning OFWs and ROFs while
Cebu Provincial Ordinance 2021-04 and 2021-05 as well
Executive Order 17 are in full force and effect within the
territorial jurisdiction of Cebu;

III. After hearing on the merits of this case, to rule in favor of

petitioners by declaring IATF Resolution 114 and other
resolution with similar subject matter on swabbing and
quarantine protocols on arriving OFWs and ROFs as ineffective
and inapplicable within the territorial jurisdiction of the
province of Cebu in view of the existence of protocols on the
same subject matters as enshrined in Provincial Ordinance
2021-04 and 2021-05 and Executive Order 17.

IV. Other reliefs equitable and just under the premises are also
being prayed for.

Cebu City Philippines, 21 June 2021.

BENJAMIN A. CABRIDO JR.

Counsel for the Petitioners
G/F Pueblo Aznar Uno Bldg.
M.J. Cuenco Ave. Corner Maxilom Ave., Cebu City 6000
IBP No. 148589/1-04-2021/Cebu City
PTR No. 20224706/1-27-2021/Cebu City
Roll No. 48949
MCLE Compliance VI-0029294
Until April 14, 2021
Email: benzcab@gmail.com
Cell No; 09989999020

16
 MARVIN O. BOYLES
Counsel for the Petitioners
3/F C.A.O Mercado Bldg.
Osmeña Blvd., Cebu City
Roll of Attorneys No. 60057; Page 136; Book XXV
MCLE Compliance No. VI-0008221, 03/22/2018/Pasig City
Tel Nos.:2534941/2535730/2535209
Email: attymob@yahoo.com
Cell No. 09177069776

Copy furnished:

HON. FRANCISCO Y. DUQUE III

Secretary of the Department of Health
Chairman, Inter-Agency Task Force for Management
of Emerging Infectious Diseases
Department of Health, San Lazaro Compound, Sta. Cruz, 1015 Manila

HON. JOSE C. CALIDA

Solicitor General
Office of the Solicitor General
134 Amorsolo St., Legaspi Village, Makati City 1229, Philippines

EXPLANATION FOR SERVICE

BY REGISTERED MAIL

In compliance with Section 5, Rule 13 of the 2019 Revised Rules of

Civil Procedure, counsel respectfully manifests that the foregoing
“PETITION TO DECLARE THE IATF RESOLUTION NO. 114 AS
INEFFECTIVE WITHIN THE JURISDICTION OF CEBU PROVINCE
WITH PRAYER FOR URGENT ISSUANCE OF TEMPORARY
RESTRAINING ORDER AND WRIT OF PRELIMINARY
INJUNCTION” will be served by registered mail, due to time and distance
constraints which render personal service impracticable.

BENJAMIN A. CABRIDO, JR. MARVIN O. BOYLES

17
 VERIFICATION AND CERTIFICATION

WE, CLARENCE PAUL V. OAMINAL and VALENTINO C.

BACALSO, of legal age, Filipino and residents of Talisay City, Cebu, after
having been sworn to in accordance with law, depose and say that:

1. We are the Petitioners in the above-entitled case who caused the

foregoing petition to be prepared and filed;
2. We attest that the allegations in our pleading are true and correct
based on our personal knowledge or based on authentic
documents;
3. We further attest that our pleading is not filed to harass, cause
unnecessary delay, or needlessly increase the cost of litigation; and
4. The factual allegations in our petition have evidentiary support or,
if specifically, so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery;
5. We certify that we have not heretofore commenced any action or
filed any claim involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of our knowledge, no such
other action or claim is pending therein; and
6. If we should thereafter lean that the same or similar action or claim
has been filed or is pending, we shall report that fact within five (5)
calendar days therefrom to the court wherein our aforesaid
complaint or initiatory pleading has been filed.

IN WITNESS WHEREOF, we have hereunto set our hand and

signature this 21st day of June, 2021 at Cebu City, Philippines.

CLARENCE PAUL V. OAMINAL VALENTINO C. BACALSO JR.

Affiant Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in

the City of Cebu, this 21st day of June 2021with affiants exhibiting to me
their respective competent proof of personal identities:

Name Government ID Date issued

Clarence Paul V. Oaminal IBP No. 42333
Valentino C. Bacalso Jr. IBP No. 66948
18
Doc. No. ____
Page No. ____
Book No. ____
Series of 2021

JOINT AFFIDAVIT OF MERIT

IN SUPPORT OF APPLICATION FOR TEMPORARY
RESTRAINING ORDER and WRIT OF PRELIMINARY
INJUNCTION

WE, CLARENCE PAUL V. OAMINAL and VALENTINO C.

BACALSO, JR of legal age, Filipino and residents of Talisay City, Cebu,
after having been sworn to in accordance with law, depose and say that:
1. We are bona fide members in good standing of the Integrated Bar of
the Philippines (IBP) and taxpayers at the same time;

2. We have been closely monitoring the COVID-19 issuances of

IATF-MIED particularly IATF Resolution No. 114 dated May 06,
2021;

3. To protect the people’s right to life, liberty and property from being
unnecessarily restricted and violated at any moment by the
implementation IATF Resolution No. 114 and at the same time to
uphold the principle of local autonomy Cebu and the rule of law, the
petitioners deem it appropriate to pray that implementation of IATF
Resolution No. 114 in the Province of Cebu be enjoined;

4. First of all, the Petitioners in particular and the rest of the Cebuanos in
general have the rights which are protected under the present state of
the Constitution. The Petitioner and the Cebuanos have the right to
life, liberty and property which cannot be denied without due process
of law;

5. Secondly, as already known publicly through various news articles

and broadcasts, IATF Resolution No. 114 is clearly repugnant with
Cebu Provincial Ordinance No. 2021-04 as amended and Executive
Order No. 17 which were validly enacted pursuant to Sections 105
and 16 of Republic Act No. 7160 or The Local Government Code of
the Philippines of 1991.

6. The Local swabbing protocol of Cebu has garnered support from

national and provincial lawmakers. Notable of them are the following:
19
 a. Just recently, Senator Joel Villanueva was quoted in the news
supporting the swabbing protocol of Cebu as it will allow the
government to save sizable amount of public funds. Sen.
Villanueva said “if we adopt Cebu’s shortened quarantine
period as national policy, the government will be saving almost
P300 million a month.24” That in Cebu alone, the national
government will be able to save P60 million a month as the
province contributes 20% of the total inbound OFWs and ROFs
in the country according to Governor Gwendolyn F. Garcia.

b. Senator Aquilino “Koko” Pimentel, III. has also described the

requirements of IATF Resolution No. 114 as “excessive.”25

c. On June 6, 2021, Cebu Congressmen signed a joint manifesto

expressing support on the Cebu’s swabbing policy and urging
the IATF to respect the rule of law, respect the Philippine
Constitution and the local autonomy of the province.26

7. All of these statements of support are brought about by the

practicability of the local swabbing policy of the province which is
based on scientific, medical, and public health data of the LGU;

8. IATF Resolution No. 114 ignores altogether the present COVID-19

cases in Cebu and the scientific data that has driven the Governor’s
response to the pandemic from the outset;

9. Thirdly, to allow the implementation of IATF Resolution No. 114 now

despite its obvious conflict with the local policy and regulation of
Cebu would cause repeated and continuing injury that cannot be
remedied by any form of pecuniary award as the damage pertains to
one’s life, liberty and property. It causes hurt, inconvenience or
damage that can be estimated only by conjecture and not by accurate
standard of measurement. Such form of damage and injury, should the
questioned Resolution of the IATF continue to be implemented, would
be grave and irreparable in nature;

10.Finally, with the effectivity of the Resolution on May 06, 2021, the
petitioners and the Cebuanos are unprotected to the continuing
excessive requirements of IATF Resolution No. 114 if not enjoined;

11. The Honorable Court should issue a preliminary and permanent

injunction enjoining and restraining the Respondent IATF, their

24

https://www.philstar.com/the-freeman/cebu-news/2021/06/11/2104725/month-government-save-p300-milli
on-cebu-protocol
25
http://legacy.senate.gov.ph/press_release/2021/0611_pimentel1.asp
26
https://cebudailynews.inquirer.net/381263/cebu-reps-to-iatf-respect-local-autonomy

20
 officers, agents, employees as well as those persons in active concert
or participation with them, from interfering with, obstructing, or
purporting to terminate Provincial Ordinance No. 2021-04 as amended
and Executive Order No. 17 series of 2021 of the Province of Cebu;

DONE, this June 21, 2021 in Cebu City, Philippines.

CLARENCE PAUL V. OAMINAL VALENTINO C.

BACALSO JR.
Affiant Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary

Public in the City of Cebu, this 21st day of June 2021with affiants
exhibiting to me their respective competent proof of personal
identities:

Name Government ID Date issued

Clarence Paul V. Oaminal IBP No. 42333
Valentino C. Bacalso Jr. IBP No. 66948

Doc. No. ____

Page No. ____
Book No. ____
Series of 2021

21
Republic of the Philippines)
Cebu City) S.S.
x------------x

AFFIDAVIT OF SERVICE

I, ________________, of legal age, Filipino, and with office address at

_____________________________ after having been duly sworn in
accordance with law, hereby depose and say:

On June 21, 2021, I served a copy of the Petition to Declare the IATF
Resolution No. 114 As Ineffective with the Territorial Jurisdiction of Cebu
Province with Prayer for Urgent Issuance of Temporary Restraining Order and
Writ of Preliminary Injunction in the case of ATTY.CLARENCE PAUL V.
OAMINAL AND ATTY. VALENTINO C. BACALSO, JR. VS.
INTER-AGENCY TASK FORCE for EMERGING INFECTIOUS DISEASES
(IATF-MEID) AS REPRESENTED BY ITS CHAIRMAN, SECRETARY
FRANCISCO Y. DOQUE III OF THE DEPARTMENT OF HEALTH

by REGISTERED MAIL to:

HON. FRANCISCO Y. DUQUE III

Secretary of the Department of Health
Chairman, Inter-Agency Task Force for Management
of Emerging Infectious Diseases
Department of Health, San Lazaro Compound, Sta. Cruz, 1015 Manila

Phil Post Registry Receipt No.: _____________________ Date: June 21, 2021.

HON. JOSE C. CALIDA

Solicitor General
Office of the Solicitor General
134 Amorsolo St., Legaspi Village, Makati City 1229, Philippines

Phil Post Registry Receipt No.: _____________________ Date: June 21, 2021.

22
And filed PERSONALLY to:

THE REGIONAL TRIAL COURT

BRANCH __________
CEBU CITY

With instructions to the Postmaster to return the mail within ten (10)
days if undelivered with correspondent.

IN WITNESS WHEREOF, I have hereunto set my hand this June 21,

2021.at Cebu City, Philippines.

JASON A. DAYON
LTO Driver’s License No.: G01-06-013887
Expiry: March 09, 2023

SUBSCRIBED AND SWORN to before me this August 16, 2018 at the city
of Cebu, Philippines. I hereby Certify that I have personally examined the
herein affiant and that I am in the honest belief that the statements made
herein are true and correct to the best of their knowledge and abilities.

Doc. No.______;
Page No.____;
Book No.____;
Series of 2021.

23