In order to protect the welfare of all COVID-19 frontliners and patients, the lawmakers in the Province of Palawan have passed, during their regular session last Tuesday, April 14, an ordinance penalizing discriminatory acts against the healthcare workers and other frontliners and patients.
Board Member Ryan Maminta authored the “Frontliners and Patients Anti-Discrimination Act and Harassment Ordinance of the Province of Palawan” which he introduced during the Privilege Hour and was approved by the Council in first and final reading also that day.
He said that with the big contribution of the frontliners in fighting the COVID-19 pandemic, it is right and proper that in return, they should be protected.
“Ang ating mga frontliners mula sa health care professionals at iba pang emergency at iba pang non-medical personnel, gayundin sa mga barangay at mga komunidad ay ang ating mga makabagong bayani, upang mapagtagumpayan natin ang laban sa COVID-19 sa buong Lalawigan ng Palawan. [Kaya’t] itinataas at kinikilala natin ang kanilang sakripisyo at malasakit lalo’t higit sa panahong ito,” according to Maminta through a chat message to Palawan Daily News.
Last month, some frontliners of the Province of Palawan posted their plight on social media stating that they were discriminated against emotionally and could not believe it because they thought that Palaweños will not do it.
“There are several reports that health care workers and other frontliners have been disrespected, harassed, and physically hurt by reason of their performance of duty,” the ordinance reads.
BM Maminta further stated that the government should protect those individuals from any sort of inhumane treatment and even physical abuse.
“Kaya tumugon po tayo sa panawagan na isulong, ilaban at mabilisang maipasa ang ordinansa may kinalaman dito sa Sangguniang Panlalawigan upang maging basehan ng mga nasasakop na mga lokal na pamahalaan sa boung lalawigan dahil hindi po katanggap-tanggap na ang ating mga frontliners na tunay na nagsasakripisyo para sa kaligtasan ng ating buhay ay mahaharap at magiging biktima ng diskriminasyon mula mismo sa kanilang mga komunidad,” he explained.
The measure prohibits anyone from doing any form of discrimination, harassment, inhuman treatment, dishonorable conduct and disrespectful act against medical or healthcare professionals and other emergency frontliners, and proscribes committing the same to patients and their families in view of their exposure to health risks and conditions.
“Due to the nature of the work of the frontliners, most especially in cases of direct exposure to people to people or patients who are afflicted with infections or contagious diseases, people tend to discriminate them in various situations or settings,” the ordinance reads.
He reiterates that frontliners are supposed to be “complemented with our support, respect and understanding in view of the risks that they are directly facing.”
ROLE OF THE LOCAL CHIEF EXECUTIVES
Section IV of the ordinance states that the municipal mayors and punong barangays shall designate an exclusive vehicle to ferry frontliners to their respective workplace in cases of public health emergency where the risks of exposure of any such contagion disease is prejudicial to the interests of other communities.
It also directs the local chief executives to come up with comprehensive protocols in the use of the said designated vehicles which will cover among others, the manner of addressing the different directions of workplaces of the frontliners.
Both municipal and barangay heads should always maintain and update their community Profiling in order to readily use them as their basic data in making their contingency plan, covering all aspects or basic considerations in the implementation of protocols and procedures during any public health emergency.
The Sanggnuiang Panlalawigan likewise direct them to come up with general program, constant training and other necessary workshops for all emergency responders as preparatory measures in the event of any specific kind of emergency.
They are also told to regularly checked and ensure that all the establishments within their respective jurisdiction are giving convenient access to all frontliners like, but not limited to, exemption in falling-in-lines and other similar situations. The highest body of Palawan also direct them to identify and provide the necessary and relevant assistance needed by a frontliner within their respective jurisdictions.
ROLE OF THE PROVINCIAL LEGAL OFFICE
The Provincial Legal Office (PLO) may, at the option of the frontliner, assist in the filing of later’s complaint subject to the procedures, manner and qualifications set forth under the law, according to Section V of the ordinance.
PROHIBITED ACTS
The Prohibited Acts are clearly defined in Section VI that says that, “it shall be unlawful for any person to execute, perform or carry-out any of the following acts which are herein considered as harassment, discriminatory, inhuman, dishonorable, and grossly disrespected.” In the copy of Maminta’s ordinance released to the media, these acts are “Inflicting physical injury for reason of frontliners’ exposure or active involvement of his/her duty during any public health emergency, disallowing any frontliner to board any public utility vehicles or from any other modes of public transportation; preventing any frontliner to enter into his or her boarding houses, community, or any compound or dwelling where he or she is leasing or regularly occupying, except if his or her presence is indeed perilous to the interest of nearby residents or where his or her continued presence will surely cause possible spreading of infectious diseases which cannot be prevented or curbed by any precautionary measure.” Also included are “deliberately placing any frontliner in public ridicule, mockery, verbal or physical abuse on account of his or her occupation by any means; denying access to any food establishment and for other similar services like but not limited to supermarkets, public markets, bakeshops or convenience stores and indifference of treatment in the availment of any public programs and services or any other inimical acts which are detrimental to the safety, health, condition and interests of any frontliners.”
PENALTY
Section VII of the ordinance indicates the penalties for violations. It states that the unlawful acts under Section VI of this ordinance shall be meted a fine not exceeding P5,000 or imprisonment not exceeding one year or both, depending on the decision of the court Also, there would be administrative sanctions for LGU officials, officers or employees who may found violating any provisions of the said ordinance or any salient parts of it and shall be meted an administrative disciplinary action, without prejudice to the filing of appropriate civil or criminal action in accordance with the Local Government Code of 1991.