Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

Regional Office No. VIII
Kanhuraw Hill, Tacloban City

REGIONAL MEMORANDUM CIRCULAR

NO. 00035

TO ALL DILG 8 PROVINCIAL DIRECTORS, CITY DIRECTORS,

C/MLGOOS, OTHER DILG 8 PERSONNEL, PROVINCIAL
GOVERNORS, CITY/MUNICIPAL MAYORS, MEMBERS OF
THE SANGGUNIANG PANLALAWIGAN, SANGGUNIANG
PANLUNGSOD, SANGGUNIANG BAYAN, SANGGUNIANG
BARANGAY, CONCERNED PNP PERSONNEL, OTHER LGU
OFFICIALS AND EMPLOYEES, AND ALL OTHERS
CONCERNED

SUBJECT ADVISORY AND GUIDANCE TO ENSURE CONSISTENCY AND

CLARITY IN THE PROPER RECOGNITION AND TREATMENT
BY LOCAL GOVERNMENT UNITS OF AUTHORIZED PERSONS
OUTSIDE OF RESIDENCE (APOR) IN CONNECTION WITH THE
IMPLEMENTATION OF PUBLIC POLICIES PROMULGATED BY
CONGRESS, THE PRESIDENT, AND THE L4TF IN THE
IMPOSITION OF APPROPRIATE MEASURES AND
PROTOCOLS TO ADDRESS THE SPREAD OF COVID-19 IN
THE PHILIPPINES.

DATE : 4 September 2020

The national government, through the Inter-Agency Task Force for the
Management of Emerging Infectious Diseases (IATF-EID) and by the
Regional Inter-Agency Task Force for the Management of Emerg
ing
Infectious Diseases (RIATF-EID), upon the directive of President Rodrig
o
Duterte, have initiated and implemented policies to ensure that the health and
safety of the general public arc properly addressed and safeguarded

The identification of the varying levels of quarantine protocols and

measures that should be put in place on the basis of the form of quaran
tine
classification (ECQ. MECQ, GCQ, MGCQ) applicable in a given area, local
government unit, province or region, and the recognition of Authorized Person
s
Outside 'Residence (APOR) are laid out in the various resolutions and
issuances made by the IATF and the RIATF, including among others,
the
OMNIBUS GUIDELINES ON THE IMPLEMENTATION OF COMMUNITY
QUARANTINE IN THE PHILIPPINES With Amendments, dated as of July
16,
2020.

Reports have reached this level that ordinances were enacted by local
sanggunians, and that executive orders were issued by local chief execut
ives
with seeming disregard to the limitations of the exercise of the powers granted
or delegated upon them by the Constitution, Republic Act No. 7160,
and of
other related laws or public policies.

Page 1 of 13
 DILG 8 RMC NO. 0035

Included in these reports are acts of LGUs and/ or their

are deemed inconsistent and contradictory with the exist officials which
promulgated by the IATF and RIATF whereby the LGUs ing publ ic policies
and/or their officials
did not accord, either explicitly or implicitly, the prop
courtesy, and treatment to Authorized Persons Out er recognition,
(APORs), and to other persons similarly situated, as side of Residence
provided for in the
resolutions and issuances of the IATF and RIATF.

In consideration of the significant number of repo

including those coming from other national government agen rts and queries,
has become imperative for this level to issue this Regi cies and offices, it.
Circular so as to clarify related issues and concerns, provideonal Memorandum
proper guidance to
LGUs, and also to promote consistency in the enforcem
ent of quarantine
protocols at all levels, and to apprise all persons concerne
d on these issues and
concerns, including LGU officials. Further, this issuance
LGUs that any deviations made by LGUs and by their is aimed to advise
requirements and standards set forth by our Constitution,officials from the
laws, and public
policies pursuant to the exercise by the LGUs of their pdw
ers,
LGU, together with its officials, to possible liabilities as prov shall subject the
24 of RA 7160 (Local Government Code of 1991). ided under Section

I. THE PRESIDENT, TOGETHER WITH HIS ALT

ER EGOS, HAS THE SOLE
PREROGATIVE IN PROMULGATING THE PUB
LIC POLICIES FOR
PURPOSES OF IMPLEMENTING THE APPROP
RIATE MEASURES
NECESSARY TO ADDRESS THE COVID-19 PANDEM
IC AFFECTING AND
AFFLICTING THE ENTIRE NATION.

Our Constitution provides for the grant of powers to the

President of the
Philippines in promulgating the necessary public policies
and other rules and
regulations in countering any threat posed to the health and
safety of the people
of our nation, such as that of COVID-19. Further, the Con
stitution also grants
power to Congress to provide special powers to the Presiden
t in order to enable
the Executive to implement measures relevant to the decl
aration of a public
health emergency.
The proclamations, orders, and directives of the Pres
ident, in the
exercise of such powers granted to him by the Constitution
and by our laws, are
part of the national public policies of the State.
In connection with the
exercise of these powers, the doctrine of qualified polit
ical agency (also known
as the alter ego doctrine) is likewise recognized as an integral part
of the exercise
of such powers by the President. Under this legal principle,
the President may
exercise powers conferred by law upon Cabinet
members or other
subordinate executive officers. (emphasis and underlining
supplied) [City of Iligan
us. Director of Lands, 158. SCRA 158; Araneta Vs.
Gatmaitan, 101 Phil. 328] In
connection therewith, the IATF-EID (IATF for brevity), actin
g as the alter ego
of the President, is therefore vested with authority to prom
ulgate rules and
regulations that are considered as part of our national
public policies.

Page 2 of 13
DILG 8 RMC NO. 0035

A. Discussion of Relevant Constitutional and

Legal Provisions on the
Extent of the Powers of the President and His
Alter Egos
1. All LGUs are hereby reminded of the provisions
of Section 6, Article III
of the 1987 Constitution concerning the liber
ty of abode and travel. It
provides that:

"Sec. 6. The liberty of abode and of changing

the same within the
limits prescribed by law shall not be impaired EXCE
PT upon lawful order
of the court. Neither shall the RIGHT TO TRAVEL be
impaired EXCEPT in the
interest of national security, public safety or public heal
th, as may be
provided by LAW." (emphasis and underlining suppl
ied)
2. It is clear from the above-cited provision of the
Constitution that the
impairment of the right to travel can only be valid
ly made if such
impairment is instituted by reason of national security,
public safety
or public health, and that the curtailment of
such right may be
validly done only if allowed by express provision
of law.
3. As emphasized by President Rodrigo Duterte
in one of his public
addresses on national TV, it is the President who has
the power
under our laws to declare a state of nationa
l public health
emergency, and being as such, it is the nati
onal government,
through the Executive or though his alter egos
, who shall have the
authority to promote the guidelines as to how
the government,
including the LGUs, shall act accordingly
so as to properly
address the public health emergency.

4. In connection with the above-cited provision of

the Constitution
concerning the impairment of the liberty of abode and
travel of persons,
Section 23(2) of Article VI of the 1987 Constitution
also provides for
the following:

"SECTION 23. (1) xxx

(2) In times of war or other NATIONAL EMERGENCY, the

Congress may, la
LAW, AUTHORIZE the PRESIDENT, for a limited period and subje
ct to such
restrictions as it may prescribe, to exercise POWERS nece
ssary and proper
to carry out a declared NATIONAL POLICY. xxxx
." (emphasis and
underlining supplied)

5. This grant of special powers to the President was expressly

recognized
and strengthened by Congress through its enactmen
t of Republic Act
No. 11469, otherwise known as the "Bayanihan to Hea
l As One Act."
This law was enacted by Congress in furtherance of the
requirements of
Section 6, Article Ill of the 1987 Constitution.

6. The declaration by President Rodrigo Duterte that

the Philippines is
under a national state of public health emergency was offic
ially given
recognition and put into law by Congress under Section
2 of RA 11469,
wherein it provides that:

Page 3 of 13
DILG 8 RMC NO. 0035

"Section 2. State of National Emergency. - xxx

In view of the continuing rise of confirmed cases of COVID-19,

the
serious threat to the health, safety, security, and lives of our count
rymen,
the long-term adverse effects on their means of livelihood, and the
severe
disruption of economic activities, a STATE OF
NATIONAL
EMERGENCY is hereby declared over the entire country."
(emphasis and
underlining supplied)

Aside from recognizing the threat to the health and safety

of the
people, RA 11469 has also has taken recognition of the severe
negative
impact that COVID-19 will bring to the national econo
my, and its dire
effects on the ability of the people to sustain themselves
during the
pandemic. The enactment of RA 11469 came into
so that the
government can specifically address these threats.

7. Corollary to the declaration of a state of national emer

gency under
Section 2 of RA 11469, the same law also granted specific
special
powers to the President as provided under Section 4 thereo
f, to wit:
"Section 4. Authorized Powers. - Pursuant to Article VI, Section 23(2)
of the
Constitution, the PRESIDENT is hereby authorized to exerc
ise powers that
are necessary and proper to carry out the declared national policy
. The
President shall have the following power to adopt the following
temporary
emergency measures to respond to the crisis brought about by the pande
mic:
a) Following World Health Organization guidelines and best practi
ces,
adopt and implement measures to prevent or suppress furthe
r
transmission and spread of COVID-19 through effective education,
detection, protection, and treatment;

xxx

g) Ensure that ALL LOCAL GOVERNMENT UNITS (LGU

s) are
ACTING WITHIN THE SPIRIT of the rules, regulations and direct
ives
issued by the NATIONAL GOVERNMENT pursuant to this Act;
are
implementing standards of Community Quarantine CONSISTEN
T
with what the NATIONAL GOVERNMENT has laid down for the
subject area, while allowing LGUs to continue exercising their autono
my
in matters undefined by the National Government or are within
the
parameters it has set; and are fully cooperating towards a UNIFIE
D,
COHESIVE and ORDERLY IMPLEMENTATION of the NATIONAL
POLICY to address COVID-19; xxx.

s) Regulate traffic on all roads, streets, and bridges, and acces

s
thereto; prohibit putting up of encroachments or obstacles; authorize
the
removal of encroachments and illegal constructions in public places;
and
perform all other related acts.

t) Continue to authorize alternative working arrangements

for
employees and workers in the Executive Branch, and whenever
it
becomes necessary, in other different independent branc
hes of
government and constitutional bodies, and the PRIVATE SECT
OR.

Page 4 of 13
DILG 8 RMC NO. 0035

• xxxx." (emphasis and underlining supplied)

It is clear from the afore-cited provisions that it is the President

who has the special powers to promulgate the protocols and
measures geared towards addressing COVID-19 and that all local
government units, including their officials, are duty bound to obey,
and correctly implement these national policies so that there will
be clarity and consistency and order in the enforcement of such
measures and protocols at the LGU levels. Further, the President
was granted authority to determine the appropriate working
arrangements for both the public and private sectors. Unless
expressly provided under the law, such powers were not granted to local
government units and their officials.

8. The law gives the President not only supervisory powers but also,
to a limited extent, oversight powers over the acts of local
government units and their officials in relation to their actual and
faithful compliance in the enforcement of COVID-19 policies and
measures at their respective jurisdictions. Thus, any act
committed by LGUs and their officials amounting to a defiance to
or interference with or usurpation of the authority of the national
government and its officials in connection with the promulgation and
enforcement of laws and public policies relating to COVID-19, may hold
the LGU and its officials liable for such act/s and may lead to
possible legal sanctions against any LGU or any of its officials. This
power is specifically provided for by law under Section 6 of RA 11469,
to wit:

"Section 6. Penalties. — In addition to acts and omission already

penalized by existing laws, the following offenses shall be punishable with
IMPRISONMENT of two (2) months or a FINE of not less than Ten thousand
pesos (P10,000.00) but not more than One million pesos (P1.000,000.00), or
BOTH, such imprisonment and fine, at the discretion of the court:

a) LGU OFFICIALS disobeying NATIONAL GOVERNMENT

policies or directives in imposing quarantines;

xxx

9. Eventhough RA 11469 has only provided with a limited period in terms

of its application and enforceability, nevertheless, Congress has
recognized and granted to the President the primordial authority to
implement such rules, regulations, and measures sufficient to address
the on-going menace posed by COVID-19 in our country. This primary
and exclusive authority to promulgate public policies, as granted by
Congress to the President, must likewise be recognized by local
government units and their officials. Hence, aside from the penal
provisions provided under RA 11469, the National Government is not
precluded from utilizing or applying the pertinent provisions of
other penal laws in initiating legal actions against erring local
government officials as a result of their defiant, irregular and/or
invalid acts in the enforcement of quarantine measures established
by public policies.

Page 5 of 13
DILG 8 RMC NO. 0035

10. The exercise of local autonomy by loca

l government units,
including their officials, does not serve
as an exception to the
superiority of the authority of the nationa
l government over local
government units. Local government units, being agents of the
national government, are still and shall cont
inue to be subordinated to
the powers and authority of the national gov
ernment. As such, local
government units and their officials, are bou
nd by law to obey and
enforce the valid legal orders, directives, and
policies of the national
government.

11. There is nothing in RA 11469, or in RA 716

0, or in any other
laws that grants to the local government
units, or to any of their
officials, the power to countermand, igno
re, defy, supersede,
overrule or render nugatory the directives,
orders, and issuances of
public policies by national governmen
t agencies and entities,
including their officials, in the exercise
of their legal mandates
provided under our laws. Neither does any
law provide to the local
government units, or to any LGU official for
this matter, the power
to prevent, countermand, hamper, or hind
er the performance of
official duties and functions, including
authorized travels, by
national government officials and personn
el, whether in a state of
public health emergency or not.

B. Exercise of local autonomy and police

power by LGUs vis-a-vis the
power of the national government.

A significant number of local government unit

s have invoked or cited the
general welfare clause of RA 7160, either expr
essly or iinpliedly, as their legal
basis in justifying the imposition of thei
r own versions of "localized"
quarantine measures and protocols. In the utili
zation of the general welfare
clause provided under Section 16 of RA 7160,
local government units are
permitted in the exercise of their police pow
ers as granted by law. However,
local government units may exercise only
those police powers that are
expressly granted, those necessarily imp
lied therefrom, as well as the
powers necessary, appropriate, or incidenta
l for its efficient and effective
governance, and those which are essentia
l to the promotion of the
general welfare.

. The grant of police powers and the exer

cise thereof by the LGU's
under the general welfare clause does not,
however, operate to render
the powers of the national government inut
ile or inferior to that of
the LGUs or allow the LGUs to set aside
or contravene or nullify or
defy those powers exercised primarily by
the national government,
including the agencies, offices, and instrum
entalities under its fold.
Nor does the general welfare clause empowe
r the LGUs to set aside
the rights of individuals guaranteed under
the Constitution or deny
individuals the enjoyment of such rights.

2. The exercise of POLICE POWER by the LOC

AL GOVERNMENT is valid
UNLESS it CONTRAVENES the FUNDAMENTAL
LAW of the land, or an
ACT of the legislature, or UNLESS it is agai
nst PUBLIC POLICY or is
unreasonable, oppressive, partial, discrim
inating or in derogation
of a common right. Local legislative bodies
(arid LGUs in general)
cannot prohibit the operations of legitima
te business entities without

Page 6 of 13
DILG 8 RMC NO. 0035

infringing the constitutional guarantees of due process and equal

protection of laws, not even under the guise of police power. (emphasis
and underlining supplied) (City of Manila vs. Laguio, G.R. No. 118127, April 12, 2005]

3. A local government is considered to have properly exercised its police

powers only when the following requisites are met: (1) The interests of
the public generally, as distinguished from those of a particular class,
require the interference of the State; and (2) the means employed are
reasonably necessary for the attainment of the object sought to be
accomplished and not unduly oppressive. The first requirement refers
to
the equal protection clause, and the second to the due process clause
of the Constitution. (emphasis and underlining supplied) [Parayno vs.
Jovellano, G.R. No. 148408, July 14, 2006]

4. Local government units exercise their police powers primarily through the
enactment of ordinances. In the course of enacting ordinances, LGUs and
their respective sanggunians and local chief executives shall ensure that
they comply or conform with the substantial requirements for the validity
of an ordinance, to wit:

a. Must NOT CONTRAVENE the CONSTITUTIONor any STATUTE (LAW);

b. Must NOT be UNFAIR or OPPRESSIVE;
c. Must NOT be PARTIAL or DISCRIMINATORY;
d. Must NOT prohibit but may regulate trade:
e. Must be GENERAL and CONSISTENT with PUBLIC POLICY; and
f. Must NOT be UNREASONABLE
(emphasis and underlining supplied)
[Whitelight Corp. vs. City of Manila, G.R. No. 122846, January 20, 2009; Social Justice
Society vs. Atienza, G.R. No. 156052, February 13, 2008; Lagcao vs. Labra, G.R. No.
155746, October 13, 2004]

5. In the process of enforcing these ordinances, and whenever necessary,

local chief executives (provincial governors, city/ municipal mayors, punong
barangays) may issue executive orders to provide more details or clarity in
the understanding and enforcement of laws and ordinances. As provided
under Sections 465(b)(2)(iii), 455(b)(2)(iii), Section 444(b)(2)(iii),
389(b)(1)/(14)/(15) of RA 7160, executive orders are issued by local
chief executives, whenever there is a necessity for such, for the proper,
and faithful execution or enforcement of a law or ordinance. As such,
executive orders are likewise subjected to the same substantial
requirements for the valid enactment of an ordinance. In the absence of a
law or valid ordinance as the basis for the issuance of an executive order,
any executive order issued shall be deemed invalid and unenforceable.

6. It is a general rule that ordinances passed (and by analogy, executive

orders as well) by virtue of the implied power found in the general welfare
clause must be reasonable, consonant with the general powers and
purposes of the corporation, and NOT INCONSISTENT with the LAWS
or POLICY of the State. (emphasis and underlining supplied) [De la Cruz vs.
Paras, G.R. No. L-42571, July 25, 1983]

Page 7 of 13
DILG 8 RMC NO. 0035

II. PROPER RECOGNITION AND TREATMENT OF APOR BY LGUS.

A. Recognition of APORs in Public Policies

The IATF and the RIATF, through their resolutions and issuances, such
as, but not limited to, the IATF-JTFCV Guidelines on Authorized
Persons Outside Residence (APOR) issued on April 27, 2020, have
defined and enumerated the individuals who are considered and
recognized as Authorized Persons Outside Residence (APOR). The
issuance of the list of APORs by the IATF and RIATF form part of the
public policies of the State.

2. Under these policies and guidelines, APORs (and the likes) are allowed
by the IATF and RIATF to travel to and from, between and among,
local government units, provinces, and other regions within the
Philippines, and to conduct legitimate activities and undertakings
within and between LGUs in the Philippines.

3. For the purpose of emphasis, the OMNIBUS GUIDELINES ON THE

IMPLEMENTATION OF COMMUNITY QUARANTINE IN THE
PHILIPPINES, with Amendments as of July 16, 2020, more
particularly the pertinent provisions found in Section [7] thereof, are
presented herewith:

"SECTION [7] GUIDELINES FOR INTERZONAL AND INTRAZONAL

MOVEMENT.

I. The MOVEMENT of all types of cargoes by land, air, or sea

within and across areas placed under any form of community
quarantine shall be UNHAMPERED. Workers in the
logistics sector. such as cargo, trucking, courier delivery and port
operations shall likewise be ALLOWED TO TRANSIT across
areas placed under any form of community quarantine. ALL
LGUS ARE DIRECTED TO STRICTLY ABIDE BY THIS
NATIONAL POLICY. Provided, that only a maximum of five (5)
personnel may operate cargo and delivery vehicles by land, with or
without load.

LGUS AND LOCAL HEALTH UNITS (LHUS) ARE

HEREBY ENJOINED NOT TO ISSUE ORDERS CONTRARY
TO OR INCONSISTENT WITH SAID DIRECTIVE, such as,
but not limited to, requiring asymptomatic drivers and crew of
cargo or service delivery vehicles to undergo mandatory fourteen
(14)-day home quarantine. Provided, further, that strict social
distancing measures must be observed, which may include, if necessary,
the putting up of additional safe and humane seats or• space in the
vehicles. Provided, finally , that the PNP retains its authority to conduct
inspection procedures in checkpoints for the pUrpose of ensuring that
protocols on strict home quarantine are observed.

Page 8 of 13
DILG 8 RMC NO. 0035

2. THE MOVEMENT AS SUCH OF THE FOLLOWING

PERSONS WITHIN AND ACROSS AREAS PLACED
UNDER ANY FORM OF COMMUNITY QUARANTINE SHALL BE
PERMITTED: (1) health and emergency frontline services
personnel, (2) GOVERNMENT OFFICIALS and
GOVERNMENT FRONTLINE PERSONNEL, (3) duly-
authorized humanitarian assistance actors (HAAs), (4) persons traveling
fbr medical or humanitarian reasons, (5) persons going to the airport, for
travel abroad, (6) returning or repatriated OFIArs and other Overseas
Filipinos (OFs) returning to their places of residence, (7) other persons
transported through the efforts of the national government upon
observance of the necessary quarantine protocols and with the
concurrence of the receiving LGUs, and (8) ANYONE CROSSING
ZONES FOR WORK PERMITTED in the ZONE OF
DESTINATION, and GOING BACK HOME. Authorized shuttle
services shall be allowed to travel within and across areas placed under
any form of community quarantine, with priority given to persons
rendering health and emergency frontline services.

Land, air or sea travel by UNIFORMED

PERSONNEL, GOVERNMENT OFFICIALS AND
EMPLOYEES FOR OFFICIAL BUSINESS with the
corresponding travel authority, and authorized HAAs, especially
those transporting medical supplies and laboratory specimens
related to COVID-19, and other relief and humanitarian
assistance, SHALL BE ALLOWED. xxx

3. The INTERZONAL MOVEMENT OF PERSONS between

areas placed under GCQ and MGCQ for any purpose other than
leisure SHALL BE PERMITTED.

xxxx." (emphasis and underlining supplied)

B. Proper Treatment of APORs by LGUs

1. It is clear from these public policies enunciated under the herein

mentioned OMNIBUS GUIDELINES and in other issuances of the IATF
that.:

a) LGUs and their officials are mandated to recognize and accord

proper courtesy, recognition, and permission to all APORs and all
other persons permitted to travel under Section [7] of the
OMNIBUS GUIDELINES mentioned herein;
b) As provided by law and public policy, LGUs are mandated to allow
persons permitted to travel outside of their residences so that they
could avail of basic and essential goods and services as provided
under Sections 4 and 5 of the herein mentioned OMNIBUS
GUIDELINES;
LGUs cannot prohibit, hamper, or hinder or impose additional
unauthorized restrictions in the transit, or transport of
cargoes/goods, including the related work and travel of transport.

Page 9 of 13
DILG 8 RMC NO. 0035

and logistics personnel of business entities involved in such

undertakings, without any regard as to their place of origin
and/or destination, and nor can the LGU subject these persons
to any containment or confinement in an isolation facility, unless,
such persons are known to be probable, suspected, or confirmed
cases of COVID- 19;
d) Regardless of their place of origin and/or destination, LGUs
cannot prevent or prohibit the entry or exit, or the transit of
persons identified as workers permitted by public policies to travel
to and from their respective workplaces and/or residences;
e) Regardless of their place of origin and/or destination, LGUs are
hereby informed that as a general rule, and in conformity with
constitutional requirements, and as emphasized in Section [7](3)
of the OMNIBUS GUIDELINES, any person is permitted travel to
and from, and between and among, quarantine zones, provided
that they are compliant with the established and IATF-authorized
quarantine measures and protocols, and that they are not
classified as probable, suspected, or confirmed cases of COVID-
19;
f) LGUs and their officials are hereby reminded that they cannot
issue any order, directive, or impose any policy that shall
countermand, contravene, disobey, defy or usurp the authority of
the national government and its agencies and offices, including
their officials. Any order, directive, or issuance made by any
national government agency/entity or official shall be presumed
to be valid, effective and enforceable for this purpose
g) LGUs cannot prevent, curtail, or hamper the authorized travels of
personnel of other LGUs by denying these persons the entry, exit,
or transit through their LGU, nor can LGUs prevent, these persons
from conducting any legitimate business within the LGU;
h) LGUs are hereby informed and directed that national
government officials and personnel, whether in the
uniformed service or not, aside from being recognized as
APORS, are not under the control or be subjected to any form
of control or restrictions by any local government unit or by
any of its officials while these national government officials
and personnel are working under the official travel authority
or legal mandate granted unto them by law. For this purpose,
the travel to and from work by these national government
officials and personnel, including their travel to and from
their residences including those done during weekends and
holidays, while in the course of the performance of their
mandated and authorized duties, are deemed part of the
travel authority granted by the national government to such
persons.
i) Any act committed by any LOU, or by any of its officials in
violation of the prevailing public policies promulgated by the IATF,
more particularly in the recognition of persons authorized to
travel .within and beyond the boundaries of LGUs, as defined in
the IATF policies, shall cause the initiation of appropriate legal
actions against the local government official or employee.
j) Local government units, either through ordinances or
executive orders or other issuances, cannot impose
additional conditions and restrictions, more particularly in
the case of APORs, beyond that or more than what the laws,

Page 10 of 13
DILG 8 RMC NO. 0035

and/or policies and guidelines promulgated and implemented

by the IATF and RIATF provide. Local government units,
including local chief executives, are bereft of anu authority
to countermand, defy, set aside, curtail, or usurp the
authority to travel granted to APORs, or persons similarly
recognized, as provided under existing laws and public
policies.

2. These series of issuances and public policies of the IATF providing for
the recognition of and the grant of the authority to travel upon APORs,
and other similarly situated persons, by the national government were
promulgated to ensure clarity and consistency in the recognition and
treatment of such persons by the national government, the local
government units, and by the private sector alike, throughout the entire
Philippine archipelago.

3. LGUs cannot forcibly detain or put in a containment or in an isolation

facility any person authorized to travel under existing IATF policies and
guidelines. Such actions by LGUs, if not warranted in accordance with
IATF policies, are ultra vires acts and are contrary to law and public
policies,

4. These unilateral acts by LGUs of instituting "localized" or "customized"

quarantine measures and protocols inconsistent with or in
contravention of the law or public policies in place are hampering the
operations of both the national government and of the private sector
alike. These actions are not consistent with the objectives and purposes
of RA 11469 and of other related laws and public policies.

5. The continued enforcement of these "localized" or "customized"

quarantine measures and protocols by the LGUs are gravely affecting
the deployment of personnel and the availability of needed manpower in
the national government, the LGUs, and in the conduct of operations of
authorized economic activities by business entities. The delivery of
essential services by the national government are being negatively
impacted by these unilateral and unsanctioned acts of LGUs. Among
those services gravely affected are, among others, the maintenance of
peace order by AFT and PNP personnel and other law enforcement
agencies, the rendition of healthcare services by medical personnel, and
the effective administration of the justice system as performed by
judges, court personnel, prosecutors, lawyers in both government and
private service. In the same manner, such errant acts of LGUs are
significant threats to the efficient and effective delivery and availability
of essential goods and services to the populace. The easy but safe access
to basic and essential goods by the citizenry must be ensured by the
LGUs. Local government units, together with their officials are hereby
enjoined to immediately cease implementing these "localized" or
"customized" quarantine measures and protocols that are contrary to
our laws and existing public policies
6. APORs are free to conduct any legitimate business or undertaking
as authorized by the IATF and RIATF within, between and among,
and to and from LGUs, provided they comply with the quarantine
measures and protocols required of APORs as enumerated under the
guidelines and policies of the IATF and RIATF. LGUs cannot hamper,

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 DILG 8 RMC NO. 0035

hinder nor restrict the conduct of such legitimate activ

ities by
authorized persons under lATF and RIATF policies.

7. APORs, and other persons similarly authorized by publi

c policy,
should not be discriminated upon by LGUs nor be subjected
to more
stringent restrictions and conditions different from those
imposed
or required by the IATF and RIATF.

8. The constitutional rights of individuals must always

be properly
recognized and respected by local government units. The existe
nce of
a state of national public health emergency does not serve
to justify
the non-recognition, or the denial or transgression of guara
nteed
constitutional rights of individuals, APOR or not.

Et. Local government units and their officials have no authority

under
the law to overrule or substitute their judgment over the propr
iety
of the authority and legal orders, such as the travel autho
rities
issued by authorized national government officials, exerc
ised by
national government agencies pursuant to the performance
of their
legal mandates, including their exercise of authority over
their
respective subordinates and/or personnel.

10. Likewise, APORs recognized by the IATF and RIATF belonging to

the private/business sector, including their authorized empl
oyees,
and to those individuals practicing their respective profe
ssions or
occupations as authorized by the IATF must be given
due
recognition and fair treatment by the local government units
.
13. Authorized personnel of other LGUs, who are on official travel
,
shall be granted access to and/or passage through anoth
er LGU's
territorial jurisdiction, or be permitted to conduct a legiti
mate
business or activity within another LGU's territory,
more
particularly in cases wherein there are no other more pract
ical or
more efficient routes of travel to and from their LGU
of origin
and/or destination, or that the nearest and/or chea
pest
suppliers/vendors of much-needed goods and servi
ces are
available in a particular LGU only, subject however to the comp
liance
and observance by these APORs of the minimum quarantine and
health
measures while in the jurisdiction of another LGU.

Local government units must be circumspect in their action

s and must
exercise prudence in the formulation and implementation of
local policies and
measures in combatting the spread of COVID-19 so as to avoid
any conflict with
the provisions of the Constitution with that of the powers
of the national
government. Even though local government units have been
granted local
autonomy under our laws, this does not however mean that
LGUs can enact
their own ordinances and/or call for rules and regulations that
contravene or
defy or usurp the authority of the national government or set
aside rights of
individuals as guaranteed under the Constitution, whether durin
g the existence
or a public health emergency or not,

It is under this perspective that all local government units

, and their
officials, are hereby advised and enjoined to revisit and revie
w all of their
enacted ordinances and issued executive orders for
the purpose of
addressing the menace of COVID-19, so as to ensure
that all of these

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DILG 8 RMC NO. 0035

measures are within the metes and bounds of the powers granted to them
by the Constitution and by our laws and by established public policies, and
to ensure further that such "localized" or "customized" quarantine
measures and protocols do not usurp, contravene, defy, or undermine the
authority and acts of the national government and its attached agencies
and instrumentalities, more particularly that of the IATF and RIATF.

In the same manner, if there have been ordinances enacted and/or

executive orders issued that are deemed to be ultra vires or are considered to be
in contravention of what the laws, rules, regulations, and public policies provide,
the concerned local san.ggunians and/or local chief executives are likewise
enjoined to modify, amend, or revoke accordingly the ordinance or executive
order in question. Local government officials are hereby. enjoined to refrain from
further implementing quarantine regulations and protocols that are either
deviant or contrary to the provisions of existing laws, rules and regulations, and
public policies..

The powers of local government units cannot rise above or be

superior to that of the entity that granted or delegated such powers to
them. That superior authority remains to be under the possession of the
national government.

Public officials possess powers, not rights. There must be, therefore,
a grant of authority, whether express or implied, to justify any action
taken by them. In the absence thereof, what they do as public officials lack
validity and, if challenged, must be set aside. Law is the only supreme
power under a constitutional government, and every person who, by accepting
office, participates in its icilviction and is only more strongly bound to submit to
that supremacy, and to observe the limitations which it imposes upon the
exercise of the authority which it gives. (emphasis and underlining) supplied)
[Sarcos vs. Castillo, G.R. No. L-29755, January 31, 1969]

For the information and guidance of all concerned.

KARL CAESAR R. RIMANDO, CESO IV

Regional Director

ORD. CCGE

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