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Client Update: Philippines 2020 JUNE

© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 1

The Omnibus Guidelines on Community Quarantine in the Philippines

On May 22, 2020, the Inter-Agency Task Force (“IATF”) for the Management of Emerging Infectious Diseases issued Resolution No. 38 (“Revised Omnibus Guidelines”) which further revised and clarified the Omnibus Guidelines on the Implementation of the Community Quarantine in the Philippines that was issued last May 15, 2020. Key modifications were made with respect to industries allowed to operate within a particular community quarantine area, interzonal movement of persons, and grace period for the payment of loans, among others. On May 29, 2020, the IATF adopted IATF Resolution No. 41, reclassifying the community quarantine status of certain areas beginning June 1, 2020.

Community quarantine reclassification beginning June 1, 2020 On May 29, 2020, the IATF issued Resolution No. 41, which reclassified the community quarantine status of cities and provinces in the Philippines. The community quarantine status of various areas in the Philippines beginning June 1, 2020 is as follows: General Community Quarantine (“GCQ”) until June 15, 2020: Pangasinan, Zamboanga City, Davao

City, Regions II, III, IV-A, and VII.

Metro Manila and Cebu City shall also be placed under GCQ until June 15, 2020. Further, Cebu City is required to submit detailed plans on zoning for the city and priority barangays., but all identified high-risk barangays within Metro Manila shall be subject to the zoning concept to be implemented by the National Task Force on COVID-19.

Modified General Community Quarantine (“MGCQ”): Cordillera Administrative Region, Regions I,

IV-B, V, VI, VIII, IX, X, XI, XII, XIII, and Bangsamoro Autonomous Region in Muslim Mindanao.

Revised Omnibus Guidelines Under the Revised Omnibus Guidelines, the following shall be observed in areas under ECQ, MECQ, GCQ, and Modified General Community Quarantine (“MGCQ”). ECQ - implementation of temporary measures imposing stringent limitations on movement and

transportation of people, strict regulation of operating industries, provision of food and essential services, and heightened presence of uniformed personnel to enforce community protocols.

MECQ - transition phase between ECQ and GCQ. Under MECQ, the stringent measures and restrictions provided in ECQ are relaxed, such as: the stringent limits on movement and transportation of people; strict regulation of operating industries; provision of food and essential services; and heightened presence of uniformed personnel to enforce community quarantine protocols.



GCQ - implementation of temporary measures limiting movement and transportation, regulation of operating industries, and presence of uniformed personnel to enforce community quarantine protocols.

MGCQ – transition phase between GCQ and the “New Normal”. Under the MGCQ, temporary

measures that apply in GCQ are relaxed, such as: limitations on movement and transportation, the regulation of operating industries, and the presence of uniformed personnel to enforce community quarantine protocols.

The following summarizes the health protocols and restrictions for different quarantine areas incorporating the amendments made by the IATF:

Enhanced Community Quarantine

("ECQ")

Modified Enhanced

Community Quarantine ("MECQ")

General Community Quarantine

("GCQ")

Modified General Community Quarantine ("MGCQ")

Population and

Movement

Strict home quarantine. Movement shall be limited to accessing essential goods and services, and for work in permitted industries.

Movement shall be limited to accessing essential goods and services, and for work in permitted industries.

All persons are allowed to be outside of their residence.

Mass gatherings (e.g., movie screenings, concerts, sporting events) and non-essential work gatherings are prohibited. However, gatherings that are essential for the provision of government services or authorized humanitarian activities shall be allowed.

Mass gatherings and non-essential work gatherings shall be allowed but limited to 50% of the venue or seating capacity.

Religious gatherings are prohibited.

Religious gatherings shall be limited to not more than five (5) persons.

Religious gatherings shall be limited to not more than ten (10) persons.

Religious gatherings shall be allowed.

Travel

Public transportation shall be suspended, except commissioned shuttle services for employees of permitted offices or establishments, point-to-point transport services provided by the

Public transportation shall be suspended. Private transportation (e.g. company shuttles and personal vehicles) shall be allowed, subject to the guidelines provided by the Department of

Public transportation shall operate at a reduced operational and vehicle capacity. Private transportation (e.g., company shuttles and personal vehicles) shall be allowed,

Public transportation shall be allowed to operate at a capacity in accordance with DOTr guidelines. Private transportation shall be allowed subject to the guidelines



Enhanced Community Quarantine

("ECQ")

Modified Enhanced

Community Quarantine ("MECQ")

General Community Quarantine

("GCQ")

Modified General Community Quarantine ("MGCQ")

government for healthcare workers including frontline and emergency personnel, are allowed.

Transportation (“DOTr”).

subject to the guidelines provided by the DOTr.

provided by the DOTr.

Government May operate at skeleton workforce in combination with other alternative work arrangements.

Full operational capacity or under alternative work arrangements as agencies may deem proper.

Previously, industries allowed to operate in areas under ECQ were also allowed to operate in areas under MECQ and GCQ, but under the same operational capacity. Under the latest amendments, these industries are now allowed to operate at full operational capacity. Likewise, before, manufacturers of medicines, medical supplies, devices and equipment, including suppliers of input, packaging, and distribution, were only allowed to operate with a skeleton workforce in areas under ECQ and MECQ. Under the latest amendments, these establishments are now expressly allowed to operate at a full operational capacity. The following tables provide the guidelines for the different quarantine areas reflecting the recent IATF amendments: Industries located at ECQ and MECQ areas

FOC- Full operational capacity SWF- Skeleton workforce 50% OC- 50% Operational Capacity

✘- Not allowed to operate on-site

ECQ MECQ

Public and private hospitals FOC Health, emergency and frontline services, including dialysis centers, chemotherapy and the like

FOC

Manufacturers of medicines, medical supplies, devices and equipment, including suppliers of input, packaging, and distribution

FOC

Industries involved in agriculture, forestry, and fishery and their workers, including farmers, Agrarian Reform Beneficiaries, fisherfolk, and agri-fishery stores, and such other components of the food value chain

FOC

Delivery and courier services (in-house or outsourced) transporting food, medicine, or other essential goods, including clothing, accessories, hardware, housewares, school and office supplies, as well as pet food and other veterinary products.

FOC

Private establishments and their employees involved in the provision of essential goods and services, and activities in the

50% OC FOC





ECQ MECQ

value chain related to food, medicine and vitamins production, medical supplies, devices and equipment, and other essential products (e.g., soap and detergents, diapers, feminine hygiene products, toilet paper and wet wipes, and disinfectants). Such establishments shall include, but shall not be limited to, public markets, supermarkets, grocery stores, convenience stores, laundry shops, food preparation establishments insofar as take-out and delivery services, and water-refilling stations, unless otherwise authorized by the Department of Trade and Industry

Media establishments and their total permanent staff complement, inclusive of reporters and other field employees, as registered with the Department of Labor and Employment

50% OC

accredited by the Presidential

Communications Operations

Office ("PCOO")

FOC

Without need of PCOO

accreditation.

Workers accredited by the DOTr to work on utility relocation works, and specified limited works across thirteen (13) railway projects, including replacement works for the Manila Metro Rail Transit System Line 3. Provided that where applicable, on—site or near-site accommodations and/or point-to-point shuttle services should be arranged.

50% OC FOC

Other medical, dental, rehabilitation, and optometry clinics; pharmacies or drug stores:

SWF

dental procedures shall

be limited to emergency cases only;

home service therapy for

Persons With Disabilities

(PWDs) shall be allowed

FOC

Veterinary clinics SWF FOC Banks, money transfer services, including pawnshops only insofar as performing money transfer functions, microfinance institutions, and credit cooperatives, including their armored vehicle services, if any

SWF FOC

Capital markets, including but not limited to the Bangko Sentral ng Pilipinas, Securities and Exchange Commission, Philippine

SWF FOC





ECQ MECQ

Stock Exchange, Philippine Dealing and Exchange Corporation, Philippine Securities Settlement Corporation, and Philippine Depository and Trust Corporation Water supply and sanitation services and facilities, including waste disposal services, as well as property management and building utility services

SWF FOC

Energy and power companies, their third-party contractors and service providers, including employees involved in electric transmission and distribution, electric power plant and line maintenance, electricity market and retail suppliers, as well as those involved in the exploration, operations, trading and delivery of coal, oil, crude or petroleum and by—products (gasoline, diesel, liquefied petroleum gas, jet oil, kerosene, lubricants), including gasoline stations, refineries and depots or any kind of fuel used to produce electricity

SWF FOC

Telecommunications companies, internet service providers, cable television providers, including those who perform indirect services (e.g., the technical, sales, and other support personnel, as well as the employees of their third-party contractors doing sales, installation, maintenance and repair works)

SWF FOC

Airline and aircraft maintenance, pilots and crew, and employees of aviation schools for purposes of the pilot’s recurrent training for flight proficiency and type rating using simulator facilities; and ship captains and crew, including shipyard operations and repair

SWF FOC

Manufacturing companies and suppliers of equipment or products necessary to perform construction works, such as cement and steel

SWF FOC

Philippine Postal Corporation

Operational capacity

necessary to maintain the

prompt delivery of services to its

clients

FOC

Philippine Statistics Authority

Operational capacity

necessary to conduct data gathering and

survey activities related to

COVID-19 and the registration

FOC





ECQ MECQ

and implementation of the national

identification (ID) system.

Business Process Outsourcing ("BPOs") and export-oriented businesses, including mining and quarrying

SWF With work-from-home, on-site or

near site accommodation, or point-to-point

shuttling arrangements

FOC Without need to set up onsite or

near-site accommodation arrangements

Essential projects, whether public or private, (e.g., quarantine and isolation facilities for Persons under Monitoring ("PUMs"), and suspect and confirmed COVID-19 patients, facilities for the health sector including those dealing with PUMs, and suspect and confined COVID-19 patients, facilities for construction personnel who perform emergency works, flood control, and other disaster risk reduction and rehabilitation works, sewerage projects, water service facilities projects, and digital works). Priority public and private construction projects, defined as those that refer to food production, agriculture, fishery, fishport development, energy, housing, communication, water utilities, manufacturing, and BPOs, shall likewise be allowed to operate in accordance with guidelines issued by the DPWH

SWF FOC

Funeral and embalming services. Provided, there is shuttling service and/or housing accommodation for their personnel and staff

SWF FOC

Humanitarian assistance personnel from civil society organizations, non-government organizations, and United Nations-Humanitarian Country Teams, as well as individuals performing relief operations. They must be authorized by the appropriate government agency or local government unit.

SWF

FOC

Pastors, priests, rabbis, imams or such other religious ministers

SWF Movement shall be related to the

conduct of necrological or funeral rites.

50% OC

Insofar as providing home

religious services to

households. Security personnel SWF FOC





ECQ MECQ

Printing presses authorized by the Bureau of Internal Revenue or other appropriate agencies to print official receipts and other accountable forms

SWF FOC

Companies engaged in repair and maintenance of machinery and equipment, including those engaged in the repair of computers and household fixtures and equipment

SWF FOC

Real estate activities limited to leasing only SWF FOC E-commerce companies

Not allowed, unless covered

by the guidelines for ECQ.

FOC Other postal and courier services, as well as delivery services for articles or products

FOC

Rental and leasing, other than real estate, such as vehicles and equipment for permitted sectors

FOC

Employment activities that involve the recruitment and placement for permitted Sectors

FOC

Housing services activities, such as but not limited to plumbing, roofing, and electrical works

FOC

Other manufacturing industries classified as beverages, including alcoholic drinks; electrical machinery; wood products and furniture;

non-metallic products; textiles and clothing/wearing apparels;

tobacco products; paper and paper products; rubber and plastic products; coke and refined

petroleum products; other non-metallic mineral products; computers,

electronic and optical products; electrical equipment; machinery and equipment; motor vehicles, trailers and semi-trailers;

other transport equipment; and others

✘ 50% OC

Other real estate activities ✘ 50% OC

Administrative and office support (e.g., photocopying and billing services)

✘ 50% OC

Other financial services (e.g., money exchange, insurance, reinsurance and non-compulsory pension funding)

✘ 50% OC

Legal and accounting services ✘ 50% OC

Management consultancy services or activities ✘ 50% OC

Architectural and engineering activities, including technical testing and analysis

✘ 50% OC

Science and technology, and research and development ✘ 50% OC

Recruitment and placement agencies for overseas employment

✘ 50% OC

Advertising and market research ✘ 50% OC





ECQ MECQ

Computer programming and information management services

✘ 50% OC

Publishing and printing services ✘ 50% OC

Film, music and television production ✘ 50% OC

Photography, fashion, and industrial, graphic and interior design

✘ 50% OC

Wholesale and retail trade of vehicles and their parts and components

✘ 50% OC

Repair and maintenance of vehicles as well as its parts or components, including car wash services

✘ 50% OC

Malls and commercial centers, subject to the guidelines issued by the DTI

✘ 50% OC

Dining establishments and restaurants, but for delivery and take-out only

✘ 50% OC

Hardware stores ✘ 50% OC

Clothing and accessories ✘ 50% OC

Bookstore and school and office supplies ✘ 50% OC

Baby or infant care supplies ✘ 50% OC

Pet food and pet care supplies ✘ 50% OC

Information technology, communications and electronic equipment

✘ 50% OC

Flower, jewelry, novelty, antique and perfume shops ✘ 50% OC

Toy stores, Provided, that their playgrounds and amusement areas, if any, shall remain closed;

✘ 50% OC

Firearms and ammunition trading establishments ✘

50% OC

subject to strict regulation of

the PNP-Firearms and Explosives

Office Tourist destinations (e.g., water parks, reservation service and related services)

✘

Entertainment industries (e.g., cinemas, theaters, and karaoke bars)

✘

Kid amusement industries (e.g., playroom and kiddy rides) ✘

Libraries, archives, museums and cultural centers ✘

Gyms, fitness studios and sports facilities ✘ Personal care services (e.g., massage parlors, sauna, facial care and waxing

✘

Hotels or similar establishments ✘





ECQ MECQ

Except those accommodating the following:

(a) guests who have existing booking accommodations for foreigners as of 17 March 2020 for Luzon and 01 May 2020 for other areas;

(b) guests who have existing long-term bookings; (c) distressed OFWs and stranded Filipinos or foreign

nationals; (d) Repatriated OFWs; (e) Non-OFWs who may be required to under mandatory

facility-based quarantine; (f) Healthcare workers and other employees, whether

private or public, from exempted establishments under the Omnibus Guidelines and applicable Memoranda from the Executive Secretary.

Industries located at GCQ and MGCQ areas.

FOC- Full operational capacity 50% OC- 50% Operational Capacity 30% OC- 30% Operational Capacity


GCQ MGCQ

Category I

Power, energy, water, and other utilities; Agriculture, fishery, and forest industries; Food manufacturing and food supply chain

businesses, including food retail establishments (e.g. supermarkets, grocery stores) and food preparation establishments insofar as take-out and delivery services, food delivery services;

Health-related establishments; Logistics sectors; Information technology and telecommunication

companies; Media.

FOC FOC

Category II

Mining and other manufacturing, and electronic commerce companies;

Other delivery, repair and maintenance, and housing and office services.

50% OC up to FOC without prejudice to

work-from-home and other

alternative work arrangements

FOC



FOC- Full operational capacity 50% OC- 50% Operational Capacity 30% OC- 30% Operational Capacity


GCQ MGCQ

Category III

Financial services Legal and accounting, and auditing services,

professional services; Scientific, technical, and other non-leisure service; Barbershops and salons limited to basic hair cutting

services; and Other non-leisure wholesale and retail

establishments.

SWF to 50% OC without prejudice to

work-from-home and other

alternative work arrangements

Barbershops

and salons can begin to reopen on June 7, 2020

at 30% OC, which can gradually

increase to 50% OC, provided

that venue capacity allows

for social distancing

protocols. The gradual

increase shall be scheduled every two (2)

weeks from the effectivity of

IATF Resolution No. 41.

FOC

Barbershops and salons are

allowed to operate at 50% OC and up to

FOC after three (3) weeks

Other personal

care service establishments shall be allowed to operate at a maximum of 50% venue capacity.

Dine-in service

in food retail establishments

and food preparation

establishments shall be allowed

to operate provided the

seating capacity may not exceed

50%. Category IV

Amusement, gaming, and fitness establishments, as well as those in the kids and the tourism industries.

✘ 50% OC

Other key changes and clarifications

On interzonal movement Persons crossing zones for work permitted in the zone of destination, and going back home are now expressly allowed. With this, movement of the following persons within and across areas placed under any form of community quarantine shall be permitted: (1) Health and emergency frontline services personnel;



(2) Government officials and government frontline personnel; (3) Duly-authorized humanitarian assistance actors; (4) Persons traveling for medical or humanitarian reasons; (5) Persons going to the airport for travel abroad; (6) Returning/ repatriated overseas Filipino workers and other overseas Filipinos returning to

their places of residences; (7) Other persons transported through the efforts of the national government; and (8) Anyone crossing zones for work permitted in the zone of destination, and going back home.

Grace period for payment of loans

With regard to the grace period for the payment of loans, the IATF clarified the reckoning point of the minimum thirty (30)-day grace period for the payment of all loans falling due within the period of ECQ and MECQ shall be from due date or until such time that the ECQ or MECQ is lifted, whichever is later.



Contacts

Ben Dominic R. Yap Partner D +632 8894 0377 to 79 F +632 8552 1978 [email protected]

Jesus Paolo U. Protacio Partner D +632 8894 0377 to 79 F +632 8552 1978 [email protected]

Jess Raymund M. Lopez Partner D +632 8894 0377 to 79 F +632 8552 - 1977 [email protected]

Vladi Miguel S. Lazaro Partner D +632 8894 0377 to 79 F +632 8552 1978 [email protected]

mailto:[email protected]






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