Mr. Pogi T.

Baxia

REACTION PAPER

On December 2019, the corona virus outbreak was first identified in Wuhan, Hubei Province, China. The World Health Organization (WHO) declared
the outbreak a Public Health Emergency of International Concern on 30 January 2020 and recognized it as a pandemic on 11 March 2020. The
Conversation.us publish an article of what are the differences between pandemic, epidemic and outbreak; thus, according to their article, an
outbreak is small but unusual, epidemic is bigger and spreading and pandemic is international and out of control. A formal declaration of COVID
19 or any other infectious disease as pandemic tells governments agencies and aid organizations worldwide to shift efforts from containment to
mitigation. It has economic, political and societal impacts on a global scale. And on January 30, 2020, the coronavirus disease (COVID-19) an
infectious caused by a new strain of coronavirus was reported its first case in the Philippines with a 38-year-old female Chinese national. And on
7 of march, the first local transmission of COVID-19 was confirmed. Local news; through television, social media platforms and newspapers
were loaded with informations to warn and educate us about this pandemic we are facing in; On how to fight and be assured to be safe from this
killer virus. Thus, this write up will show my personal views and reaction about this darkness we are facing in. Hence, in discussing this topic we
will be guided by these three questions;

I. In light of the COVIB-19 Health Emergency, what powers may the Local Government exercise under the Local Government Code?
II. Has the Local Government Unit where you belong exercised these powers? Up to what extent? If not, why do you think so?
III. As a citizen and a member of the Local Government unit, and as a law student, what are the measures you have employed in order to become
socially and legally responsible amid this pandemic?

Definition of terms:

• Autonomy – literally self-rule; arrangements for self-government of a territory or region within a nation-state with degree of autonomy
depending on the range of powers devolved and functions decentralized.

• Decentralization – the chance for a planning, decision-making, or administrative authority from the central government to its field
organization, local governments, or non-government
 • Devolution - political decentralization; transfer of powers from the national government to local government units.

• Democratization – the advance of democratic reform, implying, in particular, the granting of basic freedoms and the widening of popular
participation and electoral choice.

1. In light of the COVIB-19 Health Emergency, what powers may the Local Government exercise under the Local Government Code?

I. By Law;

SECTION 2. Declaration of Policy. - (a) It is hereby declared the policy of the State 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
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

RA 7160 – the 1991 Local Government Code that transformed fundamentally central-local relations and probably the most radical law that strengthens
the powers of local governments but also increases the latter’s responsibilities and encourages the participation of communities and organizations in
local governance. The law provides 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 them more effective partners in the attainment of national goals.
In order to successfully attain the goals of the national Government it assures that the these government political subdivisions will enjoy and have a
meaningful local autonomy, for the purpose of fullest development and self-reliant communities. With the pandemic we are facing today, thus, the law
provides in;

SECTION 102. Creation and Composition. - (a) There shall be established a local health board in every province, city or municipality. The
composition of the local health boards shall be as follows:

(1) The provincial health board shall be headed by the governor as chairman, the provincial health officer as vice-chairman, and the chairman of the
committee on health of the Sangguniang Panlalawigan, a representative from the private sector or non-governmental organizations involved in
health services, and a representative of the Department of Health in the province, as members;
 (2) The city health board shall be headed by the city mayor as chairman, the city health officer as vice-chairman, and the chairman of the committee
on health of the Sangguniang Panlungsod, a representative from the private sector or non-governmental organizations involved in health services,
and a representative of the Department of Health in the city, as members; and
(3) The municipal health board shall be headed by the municipal mayor as chairman, the municipal health officer as vice-chairman, and the
chairman of the committee on health of the Sangguniang bayan, a representative from the private sector or non-governmental organizations
involved in health services, and a representative of the Department of Health in the municipality, as members;

The functions of the local health board shall be:

(1) To propose to the Sanggunian concerned, in accordance with standards and criteria set by the Department of Health, annual budgetary allocations for
the operation and maintenance of health facilities and services within the municipality, city or province, as the case may be.

(2) To serve as an advisory committee to the Sanggunian concerned on health matters such as, but not limited to, the necessity for, and application of,
local appropriations for public health purposes; and

(3) Consistent with the technical and administrative standards of the Department of Health, create committees which shall advise local health agencies on
matters such as, but not limited to personnel selection and promotion, bids and awards grievance and complaints, personnel discipline, budget review,
operations review, and similar function.

SECTION 5. Rules of Interpretation. - In the interpretation of the provisions of this Code, the following rules shall apply:

(a) Any provision on a power of a local government unit shall be liberally interpreted in its favor, and in case of doubt, any question thereon shall be
resolved in favor of devolution of powers and of the lower local government unit. Any fair and reasonable doubt as to the existence of the power
shall be interpreted in favor of the local government unit concerned;

CHAPTER 1. – ROLE AND CREATION OF THE BARANGAY

SECTION. 384. Role of the Barangay. - As the basic political unit, the Barangay serves as the primary planning and implementing unit of
government policies, plans, programs, projects, and activities in the community, and as a forum wherein the collective views of the people may
be expressed, crystallized and considered, and where disputes may be amicably settled.
SECTION. 388. Persons in Authority. - For purposes of the Revised Penal Code, the Punong Barangay, Sangguniang Barangay members, and
members of the Lupong Tagapamayapa in each Barangay shall be deemed as persons in authority in their jurisdictions, while other Barangay
officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and security
of life and property, or the maintenance of a desirable and balanced environment, and any Barangay member who comes to the aid of persons
in authority, shall be deemed agents of persons in authority.

SECTION. 440. Role of the Municipality. - The municipality, consisting of a group of Barangays, serves primarily as a general purpose
government for the coordination and delivery of basic, regular and direct services and effective governance of the inhabitants within its
territorial jurisdiction.

Sec. 447. (5) (xiii) Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases.

With the above provisions of the law, and through the supervisory of the power of the President; each Local government units and to their respective
provinces, cities, municipalities, and barangays are clothed with authority to enforce the lawful order, regulations and programs of the government to
their respective territorial jurisdiction. The elective officials, in provinces, cities and municipalities together with their chief executive who are persons in
authority and as agents of the national government may enforces measure as in accordance with the standards and criteria promulgated by the (DOH)
to prevent, monitor or minimize the effects of this killer pandemic. Thus, the doctors, nurses and other medical practitioners are protected and
mandated to faithfully fulfil their duties. In maintaining and protecting the health of the people through monitoring those who are sick enforce
disinfectants activities.

Article Two. - Relations with the Philippine National Police

SECTION 28. - Powers of Local Chief Executives over the Units of the Philippine National Police. - The extent of operational supervision and
control of local chief executives over the police force, fire protection unit, and jail management personnel assigned in their respective
jurisdictions shall be governed by the provisions of Republic Act Numbered Sixty-nine hundred seventy-five (R.A. No. 6975), otherwise
known as "The Department of the Interior and Local Government Act of 1990", and the rules and regulations issued pursuant thereto.

sec. 444 (xvi) Call upon any national official or employee stationed in or assigned to the municipality to advise him on matters affecting the
municipality and to make recommendations thereon, or to coordinate in the formulation and implementation of plans, programs and
 projects, and when appropriate, initiate an administrative or judicial action against a national government official or employee who may
have committed an offense in the performance of his official duties while stationed in or assigned to the local government unit concerned;

During the duration of the enhanced community quarantine, peace and order must be effectively ensured and maintained. For the right of the of the
people with their life, property and liberty are the paramount consideration. Thus, police officers conduct check points and curfews with the assistance
of the barangay tanuds with their territories. And execute appropriate punishments and measures to those who violates such lawful orders and
measures that the Local government is implementing and followed from the National government. Enhanced community quarantines, curfews and
delivery of the basic services of the local from the national government are faithfully and effectively served. And most of all, we have to cooperate with
the programs and regulations of our local government to defeat this destructive and killer pandemic.

II. By the principle of general welfare clause.

SECTION 16. General Welfare. - Every local government unit shall exercise the powers expressly granted, those necessarily implied
there from, 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. Within 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 of the 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.

Police power, the power of promoting public welfare by restraining and regulating the use of liberty and property. It is the most pervasive, the least limited,
and the most demanding of the powers the three powers of the government. The justification is found in the latin maxims: salus popili est suprema lex, and
sic utere tuo ut alienum non laedes. Which means that the welfare of the people is the supreme law of the land and one should use his own property in
such a manner as not to injure that of another. This killer pandemic destroyed and took more enough than lives, thus, some of our rights must be
regulated in order to protect lives and prevent the spread of this invisible killer pandemic. One of the main powers of the government in order control this
situation is enforcement of police power; where mass gatherings are regulated and discourage, social distancing in imposed. Less necessary works and
businesses are regulated or some are ordered temporally closed. Yes, it really changed the situations we are living in and caused life more harder,
specially to those who are less in life but it must be enforce for the general welfare of the people.

2. Has the Local Government Unit where you belong exercised these powers? Up to what extent? If not, why do you think so?
I. Yes, they instituted measures to ensure that this pandemic virus would be stop or at least be minimize its spread or damage; they conducted
disinfectant activities such as; giving soaps, alcohols, zonrox and cleaning materials so that the people will enjoy cleaning and disinfecting their
respective houses. And curfews are enforced, specially at night, to protect the health and properties of the people from those PUM and PUI and
to persons that has criminal plans or would take advantage this situation to execute their evilness.
II. No, because sec. 384. Role of the Barangay. - As the basic political unit, the Barangay serves as the primary planning and implementing unit of
government policies, plans, programs, projects, and activities in the community, and as a forum wherein the collective views of the people may
be expressed, crystallized and considered, and where disputes may be amicably settled. According to this provision of law “the Barangay serves
as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community, and as a forum
wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled.”
However, this is not exactly what is really happening, maybe on the first role of the barangays that is the primary and implementing unit of the
government. However, there is a problem in its second role (a forum wherein the collective views of the people may be expressed) because
what is really happening is that, because of the urgency of this event, they are depraved to speak out their views and voice. Thus, they are
merely passive and no active participation. Particularly with their livelihood and sources for the living. They become more dependent on the
services that the government would be offering to them. In this kind of situation, the local government unit must assist and teach its people to
use this time wisely to be productive and fruitful; specially, for their daily and future sustenance. Because only God knows when this darkness
will end and we have to be ready every day, for everyday is a battle for us to face with the mysterious ways of the Lord.

3. As a citizen and a member of the Local Government unit, and as a law student, what are the measures you have employed in order to
become socially and legally responsible amid this pandemic. (electronic means, fake news, memorandum from the executive committee, and
health the orders of the government in our any available means. Explaining the duties and function of the government specially it mayors, and other
public officials.
I. As a citizen and a member of the Local Government, I followed and cooperate with the lawful orders, programs and regulations of the local
government such as; to stay at home, exercise social distancing, take good care of myself, clean my surroundings, and pray to God to
comfort the people, especially to those who have been affective with this pandemic and battling for their lives, to the family who lost their love
ones, and medical practitioners and police, who are frontliners, directly fighting this killer pandemic. And the omniscient God would give
heavenly wisdom to the our scientists for them to know the cure of this killer virus, and omnipotent God who is in control of everything and
great healer.

II. As a law student I employed to the following topics in order to become socially and legally responsible amid this pandemic;

As to the use of information, fake news had been one of our major problems of the government whether local or national for it would
create wrong presumptions, fear or chaos depending on the situation. Thus, as a law student I have to determine the real and fake news and
correct it, and provide reliable source of information so that people.

As to ambiguities of the orders and regulations from the government and functions and roles of the national and local government. As a law
student that has a little bit knowledge of the law, I have to thoroughly explain to the best of my knowledge of what the law is and why that is
the law. And how it should to be enforced, because I believe that when a person has a right of understanding of what the law is and its
rationale; it would not be hard for the them to follow and cooperate with the implementations of programs, measures and projects of the
government. Thus, fullest development and affective governance upheld. Hence, general welfare of the people is promoted.
REFERENCES; GOOGLE, THE LOCAL GOVERNMENT CODE OF 1991 BY RUFUS RODRIGUEZ, NACHURA POLITICAL LAW REVIEWER.