the revised omnibus guidelines on community quarantine in the philippines · 2020-05-26 ·...

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Client Update: Philippines 2020 MAY © Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 1 The Revised Omnibus Guidelines on Community Quarantine in the Philippines After the implementation of an Enhanced Community Quarantine (“ECQ”) for two (2) months in Luzon and other high-risk areas, the Philippine Government has gradually started easing restrictions and has begun transitioning to the “new normal”. On April 30, 2020, the Philippines President issued Executive Order No. 112 (“EO No. 112”), which adopted the Inter-Agency Task Force (“IATF”) for the Management of Emerging Infectious Diseases Resolution No. 30 or the Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines (“Omnibus Guidelines”) and granted the IATF the authority to modify the Omnibus Guidelines without need of further approval of the President. On May 15, 2020, the IATF issued the Revised Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines (“Revised Omnibus Guidelines”). Adoption of community quarantine reclassification in certain areas On May 15, 2020, the IATF issued Resolution No. 37, which reclassified the community quarantine status of cities and provinces in the Philippines. From May 16 to 31 2020, the following provides the community quarantine status of various areas in the Philippines: ECQ: Cebu City and Mandaue City Modified Enhanced Community Quarantine (“MECQ”): Metro Manila, Bataan, Bulacan, Nueva Ecija, Pampanga, Zambales, Angeles City, and Laguna. The implementation of the MECQ in these areas is without prejudice to the declaration of localized ECQ in critical areas. GCQ: all other areas Under the Revised Omnibus Guidelines, the following are 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 the MECQ, temporary measures are relaxed, such as: stringent limiting 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 become less necessary. GCQ - implementation of temporary measures limiting movement and transportation, regulation of operating industries, and presence of uniformed personnel to enforce community quarantine protocols.

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Page 1: The Revised Omnibus Guidelines on Community Quarantine in the Philippines · 2020-05-26 · Community Quarantine in the Philippines After the implementation of an Enhanced Community

Client Update: Philippines 2020 MAY

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

The Revised Omnibus Guidelines on Community Quarantine in the Philippines After the implementation of an Enhanced Community Quarantine (“ECQ”) for two (2) months in Luzon

and other high-risk areas, the Philippine Government has gradually started easing restrictions and has

begun transitioning to the “new normal”. On April 30, 2020, the Philippines President issued Executive

Order No. 112 (“EO No. 112”), which adopted the Inter-Agency Task Force (“IATF”) for the Management

of Emerging Infectious Diseases Resolution No. 30 or the Omnibus Guidelines on the Implementation

of Community Quarantine in the Philippines (“Omnibus Guidelines”) and granted the IATF the authority

to modify the Omnibus Guidelines without need of further approval of the President. On May 15, 2020,

the IATF issued the Revised Omnibus Guidelines on the Implementation of Community Quarantine in

the Philippines (“Revised Omnibus Guidelines”).

Adoption of community quarantine reclassification in certain areas

On May 15, 2020, the IATF issued Resolution No. 37, which reclassified the community quarantine

status of cities and provinces in the Philippines. From May 16 to 31 2020, the following provides the

community quarantine status of various areas in the Philippines:

• ECQ: Cebu City and Mandaue City

• Modified Enhanced Community Quarantine (“MECQ”): Metro Manila, Bataan, Bulacan, Nueva Ecija, Pampanga, Zambales, Angeles City, and Laguna. The implementation of the MECQ in these areas is without prejudice to the declaration of localized ECQ in critical areas.

• GCQ: all other areas Under the Revised Omnibus Guidelines, the following are 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 the MECQ, temporary measures are relaxed, such as: stringent limiting 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 become less necessary.

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

Page 2: The Revised Omnibus Guidelines on Community Quarantine in the Philippines · 2020-05-26 · Community Quarantine in the Philippines After the implementation of an Enhanced Community

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© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 2

• MGCQ - phase between GCQ and “New Normal”.

Revised Omnibus Guidelines

The following provides a summary of the health protocols and restrictions for different quarantine areas:

ECQ MECQ GCQ 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, religious

gatherings) and

non-essential work

gatherings are

prohibited.

Unauthorized

public gatherings,

non-work essential

or are

entertainment

related are

prohibited.

Religious

gatherings are

highly restricted

and limited to not

more than five (5)

persons, subject to

prescribed

minimum health

standards.

Unauthorized mass

gatherings, non-

work essential or

are entertainment

related are

prohibited.

Religious

gatherings are not

encouraged but in

any case should

not be more than

ten (10) persons.

Public gatherings

and non-essential

work gatherings

shall be allowed but

limited to 50% of

the venue or

seating capacity.

Travel

Public

transportation shall

be suspended,

except

commissioned

shuttle services for

employees of

permitted offices or

Public

transportation shall

be suspended.

Private

transportation (e.g.

company shuttles

and personal

Public

transportation shall

operate at a

reduced

operational and

vehicle capacity.

Public

transportation shall

be allowed to

operate at a

capacity in

accordance with

Department of

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Client Update: Philippines 2020 MAY

© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 3

ECQ MECQ GCQ MGCQ

establishments,

point-to-point

transport services

provided by the

government for

healthcare workers

including frontline

and emergency

personnel, are

allowed to operate

at reduced vehicle

capacity.

vehicles) shall be

allowed.

Transportation

guidelines.

Government

Skeleton workforce

unless a different

operational

capacity is

provided.

Skeleton workforce

and alternative

work

arrangements.

Full operational

capacity or under

alternative work

arrangements.

Full operational

capacity.

The Revised Omnibus Guidelines regulates the on-site operational capacity, or the number of employees in the workplace, of various industries. The following tables provides the guidelines for the different quarantine areas. 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

Agencies and instrumentalities of the government, including

government-owned and controlled corporations, as well as

local government units and officials and employees of foreign

diplomatic missions and international organizations accredited

by the Department of Foreign Affairs.

SWF SWF

Agriculture, Forestry, and Fisheries and such other

components of the food value chain.

SWF

Provision of essential goods and services, and activities in the

value chain related to food and medicine production, e.g.:

Public markets, supermarkets, grocery stores, convenience

stores;

Laundry shops;

Water-refilling stations;

SWF

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© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 4

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

✘- Not allowed to operate on-site

ECQ MECQ

Hospitals and medical, dental, and optometry clinics,

pharmacies, and drugstores

Food preparation establishments and dining/ restaurants (for

take-out and delivery services) SWF 50% OC

Establishments involved in the production, manufacturing,

packaging, processing, and distribution of food. 50% OC

Manufacturers of medicines, medical supplies, devices and

equipment, including suppliers of input, packaging, and

distribution.

FOC

Manufacturing and processing plants of basic food products,

medicine and vitamins, medical supplies, devices and

equipment, and essential products such as soaps and

detergents, diapers, feminine hygiene products, toilet papers

and wet wipes, and disinfectants.

SWF

Delivery services transporting food, medicine, or other

essential goods. Delivery of clothing, accessories, hardware,

housewares, school and office supplies, as well as pet food

and other veterinary products.

SWF FOC

Banks, money transfer services, microfinance institutions and

cooperatives, excluding pawnshops not performing money

transfer, and credit cooperatives including armored vehicle

services, if any.

SWF

Capital markets (e.g., Bangko Sentral ng Pilipinas, Securities

and Exchange Commission, Philippine Stock Exchanges,

Philippine Dealing and Exchange Corporation, Philippine

Securities Settlement Corporation, and Philippine Depository

and Trust Corporation).

SWF

Power, energy, water, information technology and

telecommunications supplies and facilities, including waste

disposal services, as well as property management and

building utility services.

SWF

Energy 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,

SWF

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Client Update: Philippines 2020 MAY

© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 5

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

✘- Not allowed to operate on-site

ECQ MECQ

lubricants), including refineries and depots or any kind of fuel

used to produce electricity.

Telecommunications companies, internet service providers,

cable television providers, including those who perform

indirect services (e.g., technical, sales, and other support

personnel, as well as the employees of their third-party

contractors doing sales, installations, maintenance and repair

works).

SWF

Business process outsourcing (“BPO”) establishments and

export-oriented business.

SWF with work-from-home, on-site or near-site accommodation, or point-to-point shuttle services.

FOC without need to set up on-site or near-

site accommodation arrangements.

Airline and aircraft maintenance employees, including pilots

and crew, and ship captains and crew. SWF

Media establishments. 50% OC FOC

Essential projects (e.g., quarantine and isolation facilities,

facilities for the health sector, 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).

SWF

Priority public infrastructure projects, as well as priority

private construction projects referring to food production,

agriculture, fishery, fishport development, energy, housing,

communication, water utilities, manufacturing and BPO.

Allowed operate in accordance

with Department of Public Works and Highways

(“DPWH”) guidelines.

Allowed operate in

accordance with DPWH guidelines.

Manufacturing companies and suppliers of products

necessary for construction. SWF

Workers accredited by the Department of Transportation to

work on utility relocation works, and specified limited works

across 13 railway projects, including replacement works for

the Manila Metro Rail Transit System Line 3

SWF

Philippine Postal Corporation

Operational capacity

necessary to maintain prompt

FOC

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© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 6

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

✘- Not allowed to operate on-site

ECQ MECQ

delivery of services

Philippine Statistics Authority

Operational capacity necessary to conduct data gather and survey

activities related to COVID-19 and the registration and implementation of the national identification system

Humanitarian assistance personnel from civil society

organizations, non-government organizations, and United

Nations-Humanitarian Country Teams, and individuals

performing relief operations

SWF, but must be authorized by the appropriate government agency

or local government unit

Funeral and embalming services SWF

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

Allowed insofar as related to the

conduct of necrological or funeral rites.

Allowed insofar as providing

home religious services to

households.

Veterinary clinics SWF

Security personnel SWF

Production of cement and steel

Not allowed, unless covered

by the guidelines for ECQ.

FOC

Mining and quarrying

Electronic commerce companies

Rental and leasing, other than real estate (e.g. vehicles,

equipment for permitted sectors)

Employment activities (e.g. recruitment and placement for

permitted sectors)

Repair of computers and personal and household goods

Housing service activities

Other manufacturing industries:

• 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

✘ 50% OC

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© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 7

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

✘- Not allowed to operate on-site

ECQ MECQ

• Other non-metallic mineral products

• Computer, electronic and optical products

• Electrical equipment

• Machinery and equipment

• Motor vehicles, trailers, and semi-trailers

• Other transport equipment

• Others

Real estate and leasing activities ✘ 50% OC

Office administrative and office support (e.g. photocopying,

billing) ✘ 50% OC

Other financial services (e.g. money exchange, insurance,

reinsurance, and non- compulsory pension funding) ✘ 50% OC

Legal and accounting ✘ 50% OC

Management consultancy activities ✘ 50% OC

Architecture and engineering activities; technical testing and

analysis ✘ 50% OC

Scientific and research development ✘ 50% OC

Recruitment and placement agencies for overseas

employment 50% OC

Advertising and market research ✘ 50% OC

Computer programming (e.g. writing code, designing

computer systems) and information service activities (e.g. data

processing)

✘ 50% OC

Publishing and printing activities ✘ 50% OC

Film, music, and television production ✘ 50% OC

Photography, fashion, industrial, graphic, and interior design) ✘ 50% OC

Wholesale and retail trade of vehicles (fuel, electric or human

powered) and their parts and components ✘ 50% OC

Repair and maintenance of vehicles (fuel, electric or human

powered) ✘ 50% OC

Malls and commercial centers (non-leisure only) ✘

50% OC, subject to the

guidelines issued by the Department of

Trade and Industry

Hardware stores ✘ 50% OC

Clothing and accessories ✘ 50% OC

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© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 8

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

✘- Not allowed to operate on-site

ECQ MECQ

Bookstores and school and office supplies stores ✘ 50% OC

Baby care supplies stores ✘ 50% OC

Pet food and pet care supplies ✘ 50% OC

Information technology, communications and electronic

equipment ✘ 50% OC

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

Toy stores ✘

50% OC (playgrounds

and amusement area shall

remain closed)

Firearms and ammunition trading establishments ✘

50% OC Subject to strict

regulation of the Firearms

and explosives Office

Special purpose accommodation for healthcare workers,

OFWs, workers in permitted sectors, and non-OFWs with

mandated quarantine

Allowed

Gyms/ fitness studios and sports facilities ✘

Entertainment industries (e.g. cinemas, theaters, karaoke

bars, etc.) ✘

Kid amusement industries (e.g. playrooms, rides) ✘

Libraries, archives, museums and cultural centers ✘

Tourist destinations (e.g. water parks, reservation services

and related services) ✘

Personal care services (e.g. massage parlors, sauna, facial

care, waxing etc.) ✘

Industries located at GCQ and MGCQ areas.

FOC- Full operational capacity MOC- Maximum operational capacity 50% OC- 50% Operational Capacity

✘- Not allowed to operate on-site

GCQ MGCQ

Category I

FOC MOC

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Client Update: Philippines 2020 MAY

© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 9

FOC- Full operational capacity MOC- Maximum operational capacity 50% OC- 50% Operational Capacity

✘- Not allowed to operate on-site

GCQ MGCQ

• 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.

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

MOC

Category III

• Financial services

• Legal and accounting, and auditing services, professional services;

• Scientific, technical, and other non-leisure service; and

• Other non-leisure wholesale and retail establishments.

Maximum 50% work-on-site arrangement, and

without prejudice to work-from-home and other alternative work

arrangements

MOC

Barber shops, salons, and 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

✘ 50% OC

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© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 10

FOC- Full operational capacity MOC- Maximum operational capacity 50% OC- 50% Operational Capacity

✘- Not allowed to operate on-site

GCQ MGCQ

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

Guidelines for Interzonal Movement

The Revised Omnibus Guidelines also provide the rules on interzonal and intrazonal movement.

Interzonal movement refers to the movement of people, goods, and services across areas placed under

different community quarantine classifications. Intrazonal movement pertains to the movement of

people, goods, and services between localities under the same community quarantine classification,

without transiting through an area placed under a different classification.

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; and

7. Other persons transported through the efforts of the national government.

Non-essential entry to or exit from an area placed under ECQ or MECQ shall be prohibited except those

allowed to render work or conduct permitted activities. Movement of persons across areas placed under

GCQ or MGCQ for any purpose other than leisure shall be permitted. Movement to and from an area

placed under GCQ to an area where no community quarantine is in place shall be permitted, except for

purpose of leisure. Movements of persons for any purpose across areas placed under MGCQ and

areas not under any community quarantine shall be permitted.

The movement of all types of cargoes by land, air, or sea within and across areas placed under ECQ or

GCQ shall be unhampered. Workers in the logistics sector, such as cargo, trucking, and port operations

shall be allowed to cross areas placed under ECQ or GCQ, provided, that only a maximum of five (5)

persons may operate cargo and delivery vehicles by land, with or without load.

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Client Update: Philippines 2020 MAY

© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 11

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]

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Client Update: Philippines 2020 MAY

© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 12

Our Regional Contacts

Rajah & Tann Singapore LLP

T +65 6535 3600

sg.rajahtannasia.com

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www.christopherleeong.com

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Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law)

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Rajah & Tann Asia is a network of legal practices based in South-East Asia. Member firms are independently constituted and regulated

in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement

between the member firm and the client.

This Update is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this Update.

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Our Regional Presence

C&G Law is one of the fastest growing, most dynamic and cutting edge firms in Manila today, and is the trusted partner and go-to firm of choice for many local conglomerates, multinational corporations, leading financial institutions, governmental agencies and fast growing organisations in the Philippines. It is also now the firm of choice for the leading lights in the top law schools who are looking to join a firm with pedigree, integrity, uncompromising quality and excellence in service standards. C&G Law is part of Rajah & Tann Asia, a network of local law firms in Singapore, Cambodia, China, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Thailand and Vietnam. Our Asian network also includes regional desks focused on Brunei, Japan and South Asia. The contents of this Update are owned by C&G Law and subject to copyright protection under the laws of the Philippines and, through international treaties, other countries. No part of this Update may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of C&G Law. Please note also that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. It is to your advantage to seek legal advice for your specific situation. In this regard, you may call the lawyer you normally deal with in C&G Law.