In an unprecedented move by concerned citizens of Camiguin, the island province known for its tourism, filed a petition for a temporary restraining order (TRO) against the so-called Smart Tourism Ordinance of the province which the group alleges as a form of controlling local Camiguenos.
Camiguin residents, led by businessman Paul Rodriguez, asked the local court to issue a TRO against the “despotic” and “unconstitutional” QR Code ordinance, which the provincial government continues to enforce, throughout the island last July 19.
This Monday, the case was heard in the sala of Judge Nanette Lao of Branch 28, RTC of Mambajao, Camiguin.
The Camiguin provincial government has continued to enforce the QR code ordinance, with some revisions last March which according to the complainants, it control the people’s right to travel and mobility, especially those of their critics, political and business rivals–more than a year after President Marcos lifted all Covid-19 restrictions, including “all prior orders, memoranda, and issuances that are effective only during the State of Public Health Emergency” in July 2023.
The Smart Tourism Ordinance requires a person prior to visiting the island, beyond the seaport, airport, or other authorized entry points in Camiguin, can only be allowed after his or her personal data has been acquired and a QR code has been scanned.
Counsel for the petitioners, Attorneys Barbara Ocaba, Frances Margaret Aparte, and Anna Katrina Rodriguez, claimed that the QR code violates several provisions of the Bill of Rights such as monitoring the movement of tourists, and does not warrant continuing the implementation of the QR Code system, hence should be “urgently nullified”, the petition said.
Additionally, the petitioner’s said that the Ordinance violates the right to privacy based on the Data Privacy Act, which requires the expressed consent of the data source or the person.
“The QR Code requires disclosure of both personal information (full name, date of birth, address, & front facing photograph), lawyers of the petitioners stressed.
Atty. Pol Ochavillo, Provincial Legal Officer and lead Counsel of the Provincial Government of Camiguin moved to inhibit the presiding judge, Honorable Nanette Lao, on the ground that one of their (Respondent’s) collaborating counsels, was a former employee of Judge Lao in her previous branch.
