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 to further consolidate the Romualdo family’s 35-year reign over the province.
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.
QR code post COVID 19
The Camiguin provincial government has continued to enforce the QR code ordinance, with some revisions last March, this time the Romualdo family, according to the complainants, enabled the ordinance to 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 that 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.
The lawyers for the petitioners, further alleged, that the ordinance violates several provisions of the law pertaining to free movement where it also states that the Governor himself may deny the so-called, “no-contest provision” on the grounds of the “gravity of the offender’s action”.
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.
During the hearing, the Counsel for the Provincial Government led by its Provincial Legal Officer, Atty. Pol Ochavillo, filed a Motion to Inhibit Judge Nanette Lao to try the case, on the grounds that allegedly one of the Counsels for the case used to be an employee of the previous sala of the honorable Judge. Judge Nanette Lao voluntarily inhibited herself from trying the case. Moving forward the case will be raffled off and tried at the Cagayan de Oro courts.
