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Republic of the Philippines

Province of Cebu
SANGGUNIANG PANLALAWGAN
Cebu Capitol, Cebu City

15th SP g6th Session

EXCERPT FROM THE MINUTES OF THE 16th REGULAR SESSION , CY 2021 HELD
BY THE SANGGUNIANG PANLALAWIGAN OF CEBU, AT THE SESSION HALL,
LEGISLATIVE BUILDING, CAPITOL COMPOUND, CEBU C|TY ON MAY 10.2021.

PRESENT:
Vice Governor Hilario P. Davide lll Presiding Officer
Hon. Yolanda L. Daan Presiding Officer Pro Tempore
Hon. Christopher R. Baricuatro Majority Floor Leader
Hon. Raul D. Bacaltos Sanggunian Member
Hon. Edsel A. Galeos Sanggunian Member
Hon. Jose Mari D. Salvador Sanggunian Member
Hon. John lsmael B. Borgonia Sanggunian Member
Hon. Victoria G. Corom inas-Toribio Sanggunian Member
Hon. Kerrie Keane G. Shimura Sanggunian Member
Hon. Andrei Duterte Sanggunian Member
Hon. Miguel Antonio A. Magpale Sanggunian Member
Hon. Thadeo Jovito M. Ouano Sanggunian Member
Hon. Glenn Anthony O. Soco Sanggunian Member
Hon. Jerome Christian V. Librando Sanggunian Member
Hon. Jerico Q. Rubio Sanggunian Member (PPSK)

ON LEAVE:
Hon. Horacio V. Franco Assistant Majority Floor Leader
Hon. Celestino A. Martinez lll Sanggunian Member (FABC)
Hon. Caroline S. Bacaltos Sanggunian Member (PCL)

RESOLUTION NO. 1 125.2021

AUTHOR: HON. JOHN ISMAEL B. BORGONIA

WHEREAS, on March 08, 2020, President Rodrigo Roa Duterte issued


Presidential Proclamation No. 922 which placed the Philippines under a State of Public
Health Emergency;

WHEREAS, on March 29,2021, the Province of Cebu continued its Modified


General Community Quarantine status;

WHEREAS, the Province of Cebu takes cognizance of the significant contributions


made by Overseas Filipino Workers (OFWs) and other Filipino workers working in our
country and believes that there is a need to provide reasonable guidelines to ensure the
Filipino workers' uninterrupted travel to their LGU of residence;

WHEREAS, on January 21,2021 , the lnter-Agency Task Force (IATF) for the
Management of Emerging lnfectious Diseases (MEID) amended its Omnrbus Guidelines
On The lmplementation of Community Quarantine ln The Philippines that included the
following provisions:
Res. No 1125-2O21lOrd No.2021-04 Page2

"SECTION 7. GUIDELINES FOR INTERZONAL AND INTRAZONAL


MOVEMENT

2. (a) The movement of the following Authorized Persons Outside their


Residents (APOR) within and across areas placed under any form of
community quarantine shall be permitted:

(1) health and emergency frontline service personnel,

(2) government officials and government frontline personnel,

(3) duly authorized humanitarian assistance actors (HAAs),

(4) persons traveling for medical or humanitarian reasons,

(5) persons going to the airport for travel abroad,

(6) anyone crossing zones for work or business permitted in the zone
of destination, and going back home';

WHEREAS, the IATF-MEID issued Resolution No. 98-A, Series ot 2021 ,

established unified protocols to be observed relative to the movement of government


officials and personnel to ensure unhampered performance of critical government service;

WHEREAS, in observance of the foregoing, there is a need to ease the restrictions


imposed upon persons intending to enter Cebu;

WHEREAS, on the other hand, for OFWs and non-OFWs, the protocols under the
Omnibus Guidelines On The lmplementation of Communtty Quarantine ln The Philippines
as of March 28, 2021 have been defined as follows:

"sEcTtoN r/l GUTDELINES FOR TNTERZONAL AND TNTRAZONAL


MOVEMENT.
xxx..

(f) Repatriated OFWs or returning non-OFWs who have been issued a DOH
or LGU certificate of 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 requirement shall be imposed by
LGUs in this regard';

WHEREAS, the requirement of quarantining an OFW and a returning non-OFW


and swabbing them on the fifth (5h) day after their arrival puts a heavy financial burden
on the returning non-OFW and bludgeons on the finances of the O\ A rA that may very
well be used for other purposes;

WHEREAS, on March 30,2021, in a meeting presided by the Governor where


representatives from the Department of Tourism (DOT), the Department of Health (DOH),
the Department of the lnterior and Local Government (DILG), the Bureau of Quarantine,
the Overseas Workers Welfare Administration (OVV\A/A), GMR-Megawide Cebu Airport
Corporation, Mactan-Cebu lntemational Airpo( Authority, Air Asia, Cebu Pacific Air,
Philippine Airlines, and the Hotel, Resort, and Restaurant Association of Cebu were
Res. No. 1125-2021lord No. 202'1-04 Page 3

present, it was agreed that protocols and guidelines shall be adopted to be observed by
repatriated OFWs and returning non-OFWs entering Cebu that include the doing away
with the five (5) day quarantine requirement prior to swabbing;

WHEREAS, Section 16 of Republic Act No. 7160, otherwise known as the "Local
Government Code of '1991", states that every local govemment 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. Wthin their respective
territorial jurisdictions, local government units shall ensure and support, among other
things, the preservation and enrichment of culture, promote health and safety, enhance
the right ofthe people to a balanced ecology, encourage and support the development of
appropriate and self-reliant scientific and technological capabilities, improve public
morals, enhance economic prosperity and social justice, promote full employment
among their residents, maintain peace and order, and preserve the comfort and
convenience of their inhabitants;

WHEREAS, Section 468 of the Local Government Code of 1991 defines the
powers, duties, and functions of the sangguniang panlalawigan as follows: "(a) The
sangguniang panlalawigan, as the legislative body of the province, shall enact
ordinances, approve resolutions and appropriate funds for the general welfare of the
province and its inhabitants pursuant to Section 16 of this Code in the proper exercise of
the corporate powers of the province as provided for under Section 22 of this Code, and
shall: ('1) approve ordinances and pass resolutions necessary for an efficient and effective
provincial government and, in this @nnection, shall: (iv) adopt measures to protect the
inhabitants of the province from harmful effects of man-made or natural disasters and
calamities, and to provide relief services and assistance for victims during and in the
aftermath of said disasters and calamities and their return to productive livelihood
following said events';

WHEREAS, Section 105 of the same Code requires the concurrence of the local
government unit concerned during epidemics should the Secretary of Health take
temporary control of the LGU but in no case exceeding six (6) months, to wit: "Section
105. Direct National Supervision and Control by the Secretary of Health. ln cases of
epidemics, pestilence, and other widespread public health dangers, the Secretarv of
Health mav. uoon the direction of th e President and in consultation with the local
qovernment unit concerned, temporarily assume direct supervision and control over
health operations in any local government unit for the duration of the emergency, but in
no case exceedinq a cumulative period of six (6) months. Wth the concurrence of the
local oovernment unit concerned the o eriod for such direct national control and
u ervrsron ma be further extended"

WHEREAS, Rule V, Article 24 ol the lmplementing Rules and Regulations of the


Local Government Code of 1991 emphasizes that basic services and facilities have been
devolved from the National Government to the local government units, as follows: "Rule
V, Basic Services and Facilities, Article 24. Devolution. (a) Consistent with local autonomy
and decentralization, the provision for the delivery of basic services and facilities shall be
devolved from the National Government to provinces, cities, municipalities, and
barangays so that each LGU shall be responsible for a minimum set of services and
facilities in accordance with established national policies, guidelines, and standards. (b)
For purposes of this Rule, devolution shall mean the transfer of power and authority from
the National Government to LGUs to enable them to perform specific functions and
responsibilities';
Res. No. 1125-2g21lord No.2021-04 Page 4

WHEREAS, by virtue of said devolution, the national govemment devolved basic


services and facilities to local government units as defined under Section 17 of the Local
Government Code of 1991;

WHEREAS, no less than the Section 25, Article ll and Sections 2 and 3, Article X
of the 1987 Philippine Constitution sets local autonomy as a policy, to wit: 'Article ll,
Section 25, The State shall ensure the autonomy of local governments." "Article X,
Section 2. The tenitorial and political subdivisions shall enjoy local autonomy.";

WHEREAS, Section 2 of the Local Govemment Code of 199't reiterates the policy
of local autonomy, in this regard: 'Section2. Declaration of Policy. (a) lt is hereby declared
the oolicv of the State that the territorial and political subdivisions of the State shall eniov
qenuine and meaninqful local autonomy to enable them to attain their fullest development
as self-reliant communities and make them more effective partners in the attainment of
national goals. Toward this end, the State shall provide for a more responsive and
accountable local government structure instituted through a system of decentralization
whereby local government units shall be given more powers, authority, responsibilities,
and resources. The process of decentralization shall proceed from the National
Government to the local government units.";

WHEREAS, under Section a65 (b)(1)(vii) of the same Code, the Provincial
Governor shall carry out such emergency measures as may be necessary during and in
the aftermath of man-made and natural disasters and calamities;

NOW THEREFORE, on motion of Member/Author, Hon. JOHN ISMAEL B.


BORGONIA, duly seconded by Member, Hon. ANDREI DUTERTE, be it

RESOLVED to enact, as it is hereby ENACTED, the following:

oRDINANCE NO. 2021-04

EAS]NG THE RESTRICTIONS FOR PERSONS ENTERING THE


PROVINCE OF CEBU IN OBSERVANCE OF THE IATF.MEID
OMNIBUS GUIDELINES AS OF JANUARY 21,2021 AND IATF-
MEID RESOLUTION NO.98-A, SERIES OF 2021, AND DEFINING
THE PROTOCOLS TO BE OBSERVED BY REPATRIATED
OVERSEAS FILIPINO WORKERS AND RETURNING NON-OFWs
TRAVELLING TO THE PROVINCE OF CEBU.

The Sangguniang Panlalawigan of Cebu, hereby ORDAINS, that:

Section 1. Title. This Ordinance shall be known and cited as 'Easing The
Restrictions For Persons Entering The Province of Cebu ln Observance of The IATF-
MEID Omnibus Guidelines As of January 21 ,2021 And IATF-MEID Resolution No. 98-A,
Series of 2021, And Defining The Protocols To Be Observed By Repatriated Overseas
Filipino Workers And Returning Non-OFWs Travelling To The Province of Cebu".

Section 2. Declaration of Policy. lt is the policy of the Cebu Provincial


Government to protect and promote the right to health of the people and instill health
consciousness among them.

Section 3. Definition of Terms. As used in this Ordinance, the following terms


shall mean:

a. Authorized Petsons Outside Residence (APOR) include employees and


workers involved in the manufacturing of the following: basic food products,
Res. No. 1125-2021lotd No. 202'1-04 Page 5

essential products, medicine and medical supplies and the entire value chain (raw
materials, inputs including packaging) of all food and beverages (only non-
alcoholic), essential and hygiene products, medicines and vitamins, medical
products such as PPEs, masks, gloves, pet food; employees and workers involved
in the manufacturing of feeds, fertilizers and pesticides, equipment or products,
necessary to perform construction works; employers and workers of the following:
food preparation establishments insofar as take-out and delivery services, retail
establishments, media establishments, hotels or similar establishments;
employers and workers involved in clinics, and other health clinics; dental and
EENT clinics; optometry clinics; food preparation and water refilling stations;
laundry shops; logistics service providers (cargo handling, warehouse, trucking,
freight fonivarding and shipping line); delivery services whether or not e-commerce
platform, in-house or outsourced, transporting food, water, medicine, pet food,
hardware products, basic necessities and other products; gasoline stations; waste
disposal, building utilities; employers and workers involved in the following
services: power, energy, water, internet service providers, cable television
providers, lT and telecommunications supplies and facilities including their third
party contractors and service providers, postal and courier services, electricity,
gas, steam and air conditioning supply, water collection, treatment and supply;
waste collection, treatment, and disposal, sewerage (except emptying of septic
tanks), veterinary, employment (manpower services for essential activities, funeral
and embalming, other delivery, repair and maintenance, housing and office
services, property management, repair and installation of machinery and
equipment, repair of computers and personal household goods, building and
landscape, security and investigation, programming and broadcasting, rental and
leasing, employers and workers engaged in electronic commerc€ companies,
export-oriented companies, electronic commerce, banks and capital markets,
shipping, extraction of crude petroleum and natural gas, money transfers,
microfinance institutions and credit cooperatives, BPO companies with Work-
From-Home, on-site or near site accommodation, or point to point arrangements,
airline, agriculture, fisheries, forestry, mining and quarrying, rental and leasing;
officials and employees of all agencies and instrumentalities of the government
including GOCCs and LGUs, health and emergency frontliners, delivery personnel
of cargo vehicles with or without load, officials and employees of foreign diplomatic
missions and international organizations, civil society organizations, non-
government organizations, and United Nations-Humanitarian Country Teams and
individuals performing relief operations, pastors, priests and imams or such other
religious ministers whose movements shall be related to the conduct of necrology
or funeral rites, repatriated OFWs in compliance with approved quarantine
protocols, non-OFWs who may be required to undergo mandatory facility-based
quarantine; those travelling for medical or humanitarian reasons, construction
workers accredited by DPWH to work in quarantine-related facilities and
government infra-projects; workers accredited by DOTr to work in utility relocation
works and other DOTr projects, employees of critical transportation facilities,
outbound and inbound international passengers and drivers;

b. Overseas Filipino Worker (OFW) refers to a person who is to be engaged, is


engaged, or has been engaged in a remunerated activity in a State of which the
person is not a citizen, or on board a vessel navigating the foreign seas other than
a government ship used for military or non-commercial purposes, or on an
installation located offshore or on the high seas;

c. Humanitarian Assistance Actors (HAAS) refer to duly authorized humanitarian


assistance actors who perform relief and protection activities in the response
preparedness, response and early recovery phases in either disasters or complex
emergencies;
Res. No. 1125-2O21lOrd. No. 2021-04 Page 6

d. Enhanced Community Quarantine refers to the implementation of temporary


measures imposing stringent limitations on movement and transportation of
people, strict regulation of operating industries, provision of food and essential
services, and heightened presence of uniformed personnel to enforce community
quarantine protocols;

e. Modified Enhanced Community Quarantine refers to the transition phase


between ECQ and GCQ when the following temporary measures are relaxed and
become less necessary: stringent limits on movement and transportation of
people, strict regulation of operating industries, provision of food and essential
services, and heightened presence of uniformed personnel to enforce community
quarantine protocols;

f. General Community Quarantine refers to the implementation of temporary


measures Iimiting movement and transportation, regulation of operating industries,
and presence of uniformed personnel to enforce community quarantine protocols;

g. Modified General Community Quarantine refers to the transition phase between


GCQ and the New Normal when the following temporary measures are relaxed
and become less necessary: limiting movement and transportation, the regulation
of operating industries, and the presence of uniformed personnel to enforce
community quarantine protocols;

h. Community Quarantine refers to the restriction of movement within, into, or out


of the area of quarantine of individuals, large groups of people, or communities,
designed to reduce the likelihood of transmission of an infectious disease among
persons in and to persons outside the affected area;

Health and Emergency Frontline Services refer to services provided by public


health workers [all employees of the Department of Health (DOH), DOH Hospitals,
Hospitals of LGUs, and Provincial, City, and Rural Health Units, and Drug Abuse
Treatment and Rehabilitation Centers including those managed by other
government agencies (e.9. police and military hospitals/clinics, university medical
facilities), uniformed medical personnel], private health workers, such as but not
limited to medical professionals, hospital and health facility administrative and
maintenance staff, and aides from private health facilities, as well as their service
providers, health workers and volunteers of the Philippine Red Cross and the
World Health Organization, and employees of Health Maintenance Organizations
(HMOs), the Philippine Health lnsurance Corporation (PHIC), health insurance
providers, disaster risk reduction management officers, and public safety officers;

j. lnterzonal Movement is the movement of people, goods and services between


provinces, highly urbanized cities, and independent component cities under
different community quarantine classification. For this purpose, the National
Capital Region shall be considered as one area. Provided that movements to and
from areas under granular lockdowns shall be considered as interzonal movement
even if within the same province or highly urbanized city. (As amended by
Paragraph A of IATF Resolution No.79, October 15,2020)

k. lntrazonal Movement is the movement of people, goods and services between


provinces, highly urbanized cities, and independent component cities under the
same community quarantine classification, without transiting through an area
under a different classification. For this purpose, the National Capital Region shall
be considered as one area. (As amended by Paragraph A of IATF Resolution
No. 79, October 1 5, 2020)
Res. No. 1125-2O21lOrd No. 202't-04 Page 7

Minimum Public Health Standards refer to guidelines set by the DOH under
Administrative Order No. 2020-0015 and such other issuances subsequent
thereto, as well as sector-relevant guidelines issued by national government
agencies as authorized by the IATF, to aid all sectors in all settings to implement
non-pharmaceutical interventions (NPI), or public health measures that do not
involve vaccines, medications or other pharmaceutical interventions, which
individuals and communities must carry out in order to reduce transmission rates,
contact rates, and the duration of infectiousness of individuals in the population.

Section 4. Guidelines For The Enty of APORs And Non-APORs Io lhe


Province of Cebu.

4.'t Authorized Persons Outside their Residences (APOR) shall be allowed


unimpeded travel to the Province of Cebu, and shall not be required to
undergo mandatory testing or quarantine protocols of the local
government unit of destination, provided that, they comply with the
following:

a. Present a valid identification card from their respective government


agency;

b. Present an original or certified true copy of a travel authority or order


issued by the Department Secretary or his designated official;

c. Passed symptoms checking or screening at the port upon arrival,


and, in the €se of public transport, upon board; and

d. Strictly comply with the minimum health standards.

No other requirements aside from the foregoing shall be required from


the APOR.

4.2 Non-APORS shall be allowed entry into the Province of Cebu, provided, that
they comply with the following:

a. Present a valid medical certificate; and

b. Pass symptoms checking or screening at the point of departure and


at the point of arrival;

The Local Government Unit of destination may issue reasonable


regulations which shall be submitted to and approved by the Governor.
Thereafter, said regulations shall be submitted to the Department of the
lnterior and Local Government,

Section 5. Requirements For The Entry of OFrltls And Non-OFlllls Travelling


To The Province of Cebu. OFWs and returning non-OFWs travelling to the Province of
Cebu shall be allowed unimpeded entry thereof, provided that, the following are observed:

a. Completely accomplished online Mactan-Cebu lnternational Airport Authority


Passenger Registration Form via the MCIAA's 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.
Res. No. 1 125-2021 lOrd. No. 2021 -04 Page 8

c. Upon anival in Cebu, the DOH will administer a COVID-19 RT-PCR Test upon
the OFW or retuming non-OFWs free of charye.

Thereafter and pending the release of the COVID-19 RT-PCR Test Results,
he or she will be transfened to his or her pre-booked hotel.

d. Since the use of the accredited hotel is for transient stay until a negative RT-
PCR Test result is released as opposed lo Quarantine - that puts in isotation 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-PCR 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 the release of a negative RT-PCR Test Result, the OFW or returning
non-OFW shall be allowed to depart for his or her local govemment unit of
destination. No other requirement shall be imposed by the LGU in this regard.

f. Should the RT-PCR Test result turn out positive, the health protocols for the
treatment of COVID-I9 positive persons of the DOH shall be followed.

Provided that, 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 a Certificate of Dual Citizenship.

Section 6. Policy lmplementations. Mayors of Municipalities and component


Cities of the Province of Cebu are enjoined to follow this directive and to coordinate with
the Office of the Govemor pertinent to any regulations affecting the entry of persons into
their respective local government units.

Section 7. Separability Clause.lf any section, paragraph, clause or provisaons of


this Ordinance shall be declared unconstitutional or unlawful by competent authority as
being inconsistent with existing laws, all other sections, paragraphs, clauses or provisions
not otheruise declared as such, shall remain valid and subsisting.

Section 8. Repealing Clause. Any and all other Ordinances of the Province of
Cebu which are contrary or inconsistent herewith are hereby repealed, amended and
modified accordingly.

Section 9. Effectivity. This Ordinance shall take effect immediately upon its
approval.

ENACTED AND CARRIED UNANIMOUSLY.

-oOo-
Res. No. 1125-2021lord No.2021-04 Page 9

Certified true and correct:

PUL E *
Secretary the Sangguniang

ATTESTED:

HI P. DAVID
Vice Governor/Presiding Offi

YN F. GARCIA
ncial Governor

APPRovED: 14 lt'lAY 2021

COPY FOR:

Governor Gwendolyn F. Garcia

Provincial lnformation Otrce (PlO)

Office of the Regional lnter-Agency Task Force (RIATF)

COPY FURNISHED:

Hon. John lsmael B. Borgonia

PMEAtuna/smb

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