WHEREAS, Article II, Section 15 of the 1987 Constitution provides that the State shall protect and promote the right to health of the people and instill health consciousness among them;
WHEREAS, Section 16 of Republic Act (R.A.) No. 7160 otherwise known as the Local Government Code of 1991 provides that “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.”;
WHEREAS, Article 99 of Administrative Order No. 270 or the Implementing Rules and Regulations of the Local Government Code of 1991 provides that “The Sangguniang Panlungsod, as the legislative body of the city, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants pursuant to Sec. 16 of the Code.”
WHEREAS, the Supreme Court has upheld the power of Local Government Units (LGUs) to grant additional allowances and benefits to their officials and employees citing the “state policy of local autonomy” as guaranteed by the 1987 Constitution under Section 25, Article II and Section 2, Article X, as well as the Local Government Code of 1991;
WHEREAS, Republic Act No. 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act declares that it is the policy of the State “to protect and promote the right to health of the people and instill health consciousness among them” and that the State “recognizes epidemics and other public health emergencies as threats to public health and national security, which can undermine the social, economic, and political functions of the State”;
WHEREAS, the World Health Organization has detected several variants of COVID-19, including Alpha, Beta, Gamma, Delta, and Omicron;
WHEREAS, Section 3 of City Ordinance No. 27, Series of 2020 provides that wearing of face masks, ear-loop masks, reusable or do-it-yourself masks, handkerchiefs, cloth face coverings or such other similar protective paraphernalia and equipment that can effectively lessen the transmission of COVID-19 in such manner as to cover both nose and mouth, shall be required at all times;
WHEREAS, Section 7 of City Ordinance No. 45, Series of 2020 provides that every person who goes out in public places for any purpose including travel to work, purchase of basic necessities, going out to exercise, attend to medical or emergency reasons, or as part of one’s work is required to use a face mask at all times as mandated by City Ordinance No. 27, Series of 2020;
WHEREAS, Executive Order No. 03, Series of 2022 provides that the voluntary wearing of face masks in open spaces and non-crowded outdoor areas with good ventilation is allowed, provided that not fully-vaccinated individuals, senior citizens, and immunocompromised individuals are highly encouraged to wear their masks, and physical distancing will be observed at all times;
NOW THEREFORE, BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD OF THE CITY OF SAN JUAN, METRO MANILA, IN A SESSION DULY ASSEMBLED THAT:
SECTION 1. TITLE – This Ordinance shall be called “AN ORDINANCE REGULATING THE USE OF FACEMASKS WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF SAN JUAN”
SECTION 2. USE OF FACE MASKS – The use of face masks shall no longer be mandatory in open spaces and non-crowded outdoor areas with good ventilation is allowed, provided that not fully-vaccinated individuals, senior citizens, and immunocompromised individuals are highly encouraged to wear their masks.
SECTION 2. MANDATORY USE OF FACE MASKS – The use of face masks shall continue to be mandatory in indoor private or public establishments. Including public transportation, and outdoor settings where physical distancing cannot be maintained.
SECTION 3. MINIMUM PUBLIC HEALTH STANDARDS – The minimum public health standards (“MPHS”) intended to effectively prevent and minimize the spread of COVID-19 shall continue to be implemented in accordance with directives and guidelines provided by the Department of Health (“DOH”), the Inter-Agency Taskforce for the Management of Emerging Infectious Diseases (“IATF”), and other government agencies.
SECTION 4. PENALTIES – The penalties provided for under City Ordinance Nos. 27 and 45, series of 2020 shall remain imposable for any violation of the provisions of this Ordinance.
SECTION 5. All provisions of City Ordinance Nos. 27 and 45, series of 2020 shall remain valid and effective, unless otherwise repealed or amended by this or another Ordinance.
SECTION 6. IMPLEMENTING AUTHORITY – The Office of the City Mayor through the City Health Department, Task Force Disiplina, Philippine National Police (“PNP”) – San Juan, and other implementing officers as may be authorized are hereby tasked to implement this Ordinance.
SECTION 7. SEPARABILITY CLAUSE – If, for any reason, any section or provision of this Ordinance is declared unconstitutional or invalid by a competent court, the remaining sections or provisions not affected thereby shall continue to be in full force and effect.
SECTION 8. REPEALING CLAUSE – All Ordinances contrary to or inconsistent with any of the provisions of this Ordinance is hereby repealed and/or modified accordingly.
SECTION 9. The authority, issuance and approval hereof is subject to and conditioned upon compliance to certain restrictions and to all existing laws, circulars, rules and regulations.
SECTION 10. EFFECTIVITY – This Ordinance shall take effect upon approval.