Constitutional basis and legal foundation
- The order grounds executive action on Section 15, Article II of the 1987 Constitution, which directs the State to protect and promote the right to health and instill health consciousness.
- The order grounds enforcement authority on Section 17, Article VII of the 1987 Constitution, which vests the President with control over executive departments and requires faithful execution of the laws.
- The order explicitly repeals Executive Order (EO) No. 3 (s. 2022) and governs implementation through the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF).
Policy objective and guiding approach
- Face mask wearing in both indoor and outdoor settings is established as a voluntary policy step toward normalization.
- Minimum public health standards must continue using principles of shared accountability, evidence-based decision-making, socioeconomic equity, and a rights-based approach.
- The general public is enjoined to maintain health protocols aligned with the continuing minimum public health standards (MPHS).
Voluntary mask wearing rule
- The wearing of face masks in indoor and outdoor settings is voluntary except in specified settings.
- Masks are not optional in the following settings:
- Healthcare facilities, including clinics, hospitals, laboratories, nursing homes, and dialysis clinics.
- Medical transport vehicles, such as ambulance and paramedic rescue vehicles.
- Public transportation by land, air or sea.
- Face mask wearing remains encouraged for:
- Elderly individuals.
- Individuals with comorbidities.
- Immunocompromised individuals.
- Pregnant women.
- Unvaccinated individuals.
- Symptomatic individuals.
Minimum public health standards continued
- Minimum public health standards (MPHS) must continue to be implemented to prevent and minimize the spread of COVID-19.
- MPHS implementation must be consistent with shared accountability, evidence-based decision-making, socioeconomic equity, and a rights-based approach.
- The Department of Health (DOH) is directed to continuously update MPHS guidelines in accordance with the order.
- The general public is enjoined to observe health protocols such as:
- good hygiene,
- frequent hand-washing,
- physical distancing, and
- maintenance of good ventilation especially in indoor settings.
Vaccination reporting and encouragement of LGUs
- Local government units (LGUs) must submit regular reports on their vaccination status to the Department of Health.
- Provinces, highly-urbanized cities, independent component cities, and municipalities at low risk classification but at Alert Level 2 due to failure to meet vaccination targets must be highly encouraged to expand their vaccination and booster coverage.
- The direction to report and the encouragement to expand coverage apply to the named LGU categories described by their risk classification and alert level.
Government assistance and cooperation
- All departments, agencies, and instrumentalities of the government must render full assistance and cooperation with the IATF for effective and orderly implementation of the order.
- The obligation to assist and cooperate extends to:
- state universities and colleges,
- government-owned or -controlled corporations, and
- government financial institutions.
- The same obligation applies to LGUs.
Separability and repeal provisions
- Separability: If any section or part is declared unconstitutional or invalid, the remaining sections or provisions remain in full force and effect.
- Repeal: EO No. 3 (s. 2022) is repealed.
- All other orders, rules and regulations, or parts thereof that are inconsistent with this order are repealed, modified, or amended accordingly.
Implementation effect and commencement
- The order takes effect immediately upon its publication in the Official Gazette or in a newspaper of general circulation.
- The President issued the order in the City of Manila on October 28, 2022.