Some agencies raise concerns on preemptive evac ordinance

Certain provisions on the proposed Preemptive Ordinance of the Cebu City government were questioned by a few agencies during a public hearing before the Cebu City Council.

The ordinance is entitled, “An Ordinance empowering to preemptively evacuate persons in times of disaster or emergency when risk or loss of life or limb is imminent providing penalties therefore and for other purposes otherwise known as the preemptive evacuation ordinance.”

A public hearing was conducted last Feb. 7,2024 to discuss provisions of the proposed ordinance, authored by Cebu City Councilor Rey Gealon.

Among the speakers was Atty. Luke Mahatma Fernandez, representing the Police Regional Office (PRO)-7, who commended the initiative, but highlighted certain provisions that may need to be reconsidered.

“There are some provisions which we believe replete with the constitutional citations,” he said.

In particular, Fernandez said in Section 6 of the proposal, it directs the Philippine National Police (PNP), Armed Forces of the Philippines (AFP), Bureau of Fire Protection (BFP), and the Bureau of Jail Management and Penology (BJMP) to use “reasonable force” during the conduct of evacuation.

“As far as the PNP is concerned, we find it contrary to law considering that it is tantamount to compelling for a person to do something out of his will which may be a form of grave coercion,” he said.

He added enacting the ordinance may put the PNP in a disadvantageous position.

Fernandez then said they would suggest revising Section 6 and 10 of the proposed ordinance to eliminate the impressions that are contrary to law and the constitution.

“The ordinance should not include a provision which imposes an imprisonment and administrative sanction, as a matter of a suggestion, in case of refusal to evacuate or insist to return to their respective homes, we believe that the fine is already sufficient,” he said.

Further, 3rd Infantry Division, Colonel Erwin Lamson, Commander of the Joint Task Force Cebu also said that their mandate is to conduct law enforcement support operations and that they do not directly participate "in the use or threat use of force."

“Kasi kung minimal lang that it can be handled by, according to your resolution, the barangay and the city itself, wala pang participation actually ang Armed Forces,” said Lamson.

He added that extreme conditions are the tipping point where security collaboration will come in from their part citing the refusal to cooperate during evacuation.

He further laid down more parameters where decisions on the matter will be “suitable, feasible, acceptable within risk.”

“So ito lang yung mga cause and effect kasi mahirap kung hindi natin titingnan ng maayos,” he added.

Lamson further suggested that as much as he had understood the intent, the response should be calibrated and should be seamless to create a clear line on when the military can respond during the evacuations.

During the discussion, Liga ng Barangay (LNB) Cebu City Chapter, Councilor Franklyn Ong also expressed difficulties in convincing people for preemptive evacuation during disasters.

He, however, said that should this ordinance be passed, there’s a possibility that it could also create unclear lines on enacting the evacuation measures when necessary as authorities will be bound to what is cited in the ordinance.

But he said that the barangay captains could always tap the nearby police stations for assistance.

BJMP Cebu City Focal Person for Disaster Risk Reduction Committee, Kelsey Alvarez, for their part manifested their support for the proposed ordinance.