A representative from Makati City on Friday defended the local government's move to shutter the operations of Berjaya Hotel in the city after the establishment appealed against the order.
Atty. Don Camiña, Makati's city legal officer, told DZRH that they are only following the instructions of the Department of Tourism (DOT) regarding the shutdown.
"Ang sabi samin immediately revoke. So we're only acting based on the said DOT instruction," explained Camiña.
(We were told to immediately revoke. So we're only acting based on the said DOT instruction.)
According to Camiña, Berjaya Hotel Makati no longer has the right to operate as a quarantine hotel after the DOT revoked its accreditation.
"Kasi under IATF (Inter-Agency Task Force) rules right now, 'yung mga may accreditation lang sa Department of Tourism ang pwede lang mag-operate ng hotel," he explained.
(Because under IATF rules right now, only those with accreditation from the Department of Tourism are allowed to operate a hotel.)
"So dahil wala na silang accrediation, winithdraw na po natin yung mayor's permit o yung business permit niya dahil wala na siyang karapatan magsilbi as a quarantine hotel to the public."
(And because they have no accreditation, we have withdrawn the mayor’s permit or its business permit because they no longer have the right to offer services as a quarantine hotel to the public.)
'Without legal basis'
Berjaya Makati Hotel's management cried foul on Thursday about the shutdown of its operations by the city government, stressing that it had no legal grounds.
"The order by the Makati City Hall closing down Berjaya Makati Hotel's operations based on the suspension order issued by the Department of Tourism is without legal basis," it said in a statement.
According to the hotel management, the DOT order is not yet final and the establishment will still appeal within the given 15-day period. In addition, it said that there is no law penalizing a hotel for not reporting a guest who skips quarantine.
"Thirdly, we must be accorded due process and be allowed to explain before any penalty is imposed. We have not been given our day in court by the Makati City Hall," it said.
It added that there are still arriving quarantine guests, including already present COVID-positive patients, inside the hotel that will be inconvenienced once their operations are shut down.
"To close down a quarantine hotel for no legal reason is to close down a hospital just when it is helping to win the war. There is no benefit to be gained by such regulatory posturing when national interest and public health are on the line," it stated.
However, Camiña responded in a statement saying that Berjaya was already advised to coordinate with the Bureau of Quarantine for the transfer of their remaining guests.
"Berjaya must not skirt the issue. Its negligence has been established and admitted. Laws have been broken, and the welfare and safety of the community has been put at risk," he said.
"The management should not play the aggrieved victim," he added.
Berjaya was involved in the breach of Gwyneth Chua, a COVID-positive traveler who skipped quarantine and joined a social gathering in Poblacion. Several of her close contacts tested positive.
Berjaya admitted and apologized for the lapse in a later statement, and said those at fault will be dealt with severely.
