Professional Documents
Culture Documents
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Overview
Life in the time of Covid-19 is uncertain, but hopefully the volunteers in this group can shed
a little light on the murkier aspects of our new day-to-day brought about by the virus.
Because, really, life does go on.
A few things:
1. As the situation is still fluid, with more information coming by the day, our hope is
that this will be an e
volving document, and we will strive to release updates as new
information or questions arrive.
2. While we will bring the best of our knowledge and expertise to the answers given
here, this document is meant to point the reader in the right direction, and i s in no
way a substitute for actual legal advice.
To start, here are a few useful resources:
1. DOH COVID-19 Tracker - https://ncovtracker.doh.gov.ph/
2. Global COVID-19 Tracker - https://www.worldometers.info/coronavirus/
3. Various Government Issuances (will endeavor to update folder regularly)-
https://drive.google.com/drive/folders/1dbRT4iMStLHFOtwuLiKtOfR3WpiwIetQ?usp=
sharing
Please stay safe, everyone!
- Your COVID-19 FAQ Project volunteers.
Secretary re: Stringent Social Distancing Measures and Further Guidelines for the
Management of the Coronavirus Disease 2019 Situation [“SSDM”])
2. Who determines whether an area is under General or Enhanced Community
Quarantine? - the LGU, taking into consideration the directives of the Department
of Health (DOH) and the Department of Interior and Local Government (DILG) (par.
3, SSDM)
3. Can I still go out?
Yes, subject to certain restrictions.
Mass gatherings are PROHIBITED. A mass gathering is a planned or spontaneous
event where the number of people attending the event could strain the planning
and response resources of the LGU where the event will be held. It includes movie
screenings, concerts, sporting events and other entertainment activities, community
assemblies and non-essential work related gatherings.
Essential work-related meetings and religious activities may continue so long as
strict social distancing is maintained. (par. 2, SSDM)
Mass public transport services, including the LRT, MRT and PNR shall continue to
operate. (par. 5., SSDM)
4. What is Social Distancing? - maintenance of a distance of at least one (1) meter
radius between and among people attending events. ( par. 2., SSDM)
5. Can I leave town? Go abroad?
a. DOMESTIC TRAVEL - Land, domestic air and domestic sea travel to and from
the NCR shall be restricted.Workers will be provisionally allowed to travel to
and from the NRC, subject to review by the IATF;
b. INTERNATIONAL TRAVEL - departing passengers shall be allowed transit
through the NCR, provided proof of confirmed itinerary is presented, and
provided further that there is no travel ban in place and that you can actually
travel to your international destination ( par. 7, SSDM)
6. For those without a valid government-issued ID, how will they move around?
A certificate of employment will be honored by the authorities to prove that a
person has the right to travel into the NCR territories. Proof of business likewise
may be accepted at checkpoints. (par. 7, SSDM)
7. What are the rules for those who have been identified as COVID-19 PUIs or
PUMs?
It is important to cooperate fully with the authorities. Non-cooperation of persons
or entities having the disease or affected by the health event of public concern is a
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prohibited act under RA 11332 or the Mandatory Reporting of Notifiable Diseases
and Health Events of Public Health Concern Act. Penalties include fines of Php20,000
to Php50,000 and/or imprisonment of 1 to 6 months. Penalties include revocation or
suspension of licenses, civil service eligibility by the PRC for any medical
professionals, CSC for civil servants. Business permits and license to operate of the
institution, agency, corporation, etc. shall be cancelled. (Section 10, RA 11332)
8. What’s happening in Makati?
As of this writing, Mayor Binay has issued Executive Order No. 20, which provides
the following:
a. Makati is on COMMUNITY QUARANTINE;
b. The following are CLOSED:
i. City run facilities, to wit:
1. University of Makati and its facilities,
2. Covered Courts,
3. Multi-purpose Halls,
4. Swimming Pools,
5. Public Schools and its facilities.
6. Barangay halls;
ii. Malls;
iii. Bars;
iv. Theatres;
v. Schools;
vi. Gyms, basketball courts, badminton courts and other similar
establishments.
c. The following will have LIMITED OPERATIONS
i. CITY HALL - open with skeletal force to continue to deliver vital and
essential services, however, access will be limited to enforce social
distancing.
ii. Ospital of Makati (Osmak), the Makati Health Department and the
Health Centers in various barangays, the Disaster Risk Reduction and
Management Office (DRRMO), Public Safety Department (PSD),
Department of Environmental Services (DES) and Makati Action
Center (MAC) shall continue to operate and maintain the full
deployment of its personnel
iii. While the malls shall be closed, the following establishments in its
premises shall be allowed to remain open:
1. Groceries,
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2. Pharmacies,
3. 24/7 Convenience stores,
4. Hardware stores,
5. Health Clinics, diagnostic centers and laboratories, and
6. Restaurants with take-out or delivery services. Dine-in in such
restaurants will not be allowed.
iv. Restaurants outside of malls - delivery and take-out only
v. Hotels and the like can continue operating, but restaurants can only
serve their own guests
d. ENHANCED COMMUNITY QUARANTINE - implemented for persons
positive with Covid-19, PUIs and PUMs; if found within a condominium, the
entire condominium can be placed under Enhanced Community Quarantine.
e. CURFEW - from 8pm to 5am, from March 16 to April 14, 2020. Exempted
are:
i. Those working in businesses with a work schedule within the curfew
hours,
ii. health workers,
iii. authorized government officials,
iv. those traveling for medical or humanitarian reasons,
v. persons transiting to airport for travel abroad,
vi. persons providing basic services and public utilities,
vii. persons delivering food and medicines, and
viii. essential skeletal workforce of the City Government of Makati.
4. What is the process for going about and implementing flexible working
arrangements?
a. Employers and employees meet to explore adopting flexible working
arrangements in order to cushion and mitigate the effect of the loss of
income.
b. Publish a copy of Labor Advisory No. 9, 2020 in a conspicuous location in the
workplace
c. Notify DOLE through the Regional/Provincial/Field Office which has
jurisdiction over the workplace using the Establishment Report Form on
COVID - 19 (“Report Form”) to the employers’ respective DOLE
Regional/Provincial/Field Offices having jurisdiction over their businesses.
d. For Flexible Work Arrangements, employers are required to submit to DOLE
at least one (1) week prior to implementation. Given the current
circumstances, we advise employers to still comply with the notification even
if the arrangement has already been implemented or the one (1)-week notice
proves to be too prejudicial, and likewise indicate in the Notice to DOLE the
justifiable reason why the one (1)-week notice period cannot be complied
with.
5. What are the forms needed to file with DOLE?
a. Fill out an E
stablishment Report (download here)
6. Do we need to pay employees if they are put on forced leave?
a. No. Under the principle of no work, no pay. However, leaves of absences of
employees during the community quarantine period shall be charged against
the workers’ existing leave credits. The remaining unpaid leaves during the
quarantine period may be covered and subject to conditions provided in the
proposed COVID-19 Adjustment Measures Program. As of this date, no
details on this program have emerged. Note that in normal circumstances, a
“forced leave” without pay is not generally allowed by the law, however, these
are special circumstances and the DOLE expressly granted the same through
their recent issuances. We encourage employers to exercise such discretion
on the formulation and implementation of the arrangements, in utmost good
faith, by taking into consideration the Guidelines’ purpose to mitigate the
employees’ loss of income, as well.
b. However, this does not prevent you from taking the initiative and paying your
employees nonetheless. This finds basis under the principle of management
prerogative which allows employers to implement rules and measures it
deems appropriate for their teams.
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7. Small business owner: Employees were advised not to come into work until
after lockdown, but employees only have five days of sick leave, and SBO does
not want to eat into their holiday leave. If SBO gives them half a month’s pay
for the lockdown, will this be compliant with labor laws?
The principle of “no work” “no pay” also applies. The half-month’s pay for the
lockdown is in the nature of financial assistance that is provided by the SBO.
8. How does this affect computation of 13th month pay?
As of this writing, no rules are given out by DOLE for any adjustments, but it would
be safe to assume that we follow the regular rules for now.
9. NCR is now under quarantine. What if my employees live outside NCR. Will
they be allowed to travel to and from home to work?
Yes. The solution is to provide them with a Certificate of Employment which they can
present at checkpoints. The certificate should show that the employee is living
outside NCR but the workplace is within NCR. This should be supplemented by a
Company ID which shows both workplace and residential addresses. Here is a
suggested template on the Certificate of Employment with some tips on
implementing it.
10. Can an employee residing outside of Metro Manila come to work?
Residents of nearby cities and/or municipalities outside of Metro Manila shall be
allowed to report for work during the quarantine period, provided they present
proof of employment AND residency in checkpoints, such as:
i. Identification Card (ID) containing the Company’s address/place of work AND
employee’s place of residence. (It has to be both);
ii. Certification of Employment (“COE”) issued by the Company which shall state
the place of work.
11. Are freelance/self-employed workers covered by the curfew and community
quarantine? What documents would you need to pass through checkpoints? -
Proof of business likewise may be accepted at checkpoints. (par. 7, SSDM)
12. Are there cash loan facilities that can be availed of to tide employees over
during this no-work, no-pay period? - P ag-IBIG Fund members who reside in areas
declared under a state of calamity and are affected by such disasters can avail of the
Pag-IBIG Fund Calamity Loan. The loan seeks to provide immediate financial assistance to
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help members recover from the effects of such calamity. It comes at a low interest rate of
5.95% per annum. The loan is payable within 24 months and has a deferred first payment.
To date, only Quezon City and San Juan have declared state of calamity.
https://www.pagibigfund.gov.ph/STL_MPL_Calamity.html#calamitylanding
13. Are there available benefits for workers affected by Covid-induced layoffs and
closures? - SSS premium-paying members can avail of unemployment benefits
equivalent to a half of their average monthly salary credit for a maximum of two
months if they are displaced because of redundancy, installation of labor-saving
devices, retrenchment, closure or cessation of operation, and disease or illness.
They should have paid the requisite minimum number of monthly contributions for
three years to qualify for this unemployment benefit, twelve of which should have
been made in the last eighteen months. (Section 14-B, RA 11199;
https://www.pna.gov.ph/articles/1096455;https://www.dof.gov.ph/sss-ready-to-pay-
unemployment-benefits-of-workers-affected-by-covid-induced-firm-layoffs-closures)
FAQs on Business
1. Can I remain open for business?
Manufacturing, Retail, Service Establishments are advised to remain in operation
during the quarantine period provided that social distancing and other safety and
health measures are strictly observed.
The call to remain open is emphasized for businesses that provide essential services
such as banks, grocery stores, pharmacies, restaurants with online delivery service,
and medical facilities.
2. What is Force Majeure and how does this affect my contracts?
"Force Majeure", also known as "fortuitous event" or "acts of God", refers to events
which could not be foreseen, or which, though foreseen, were inevitable. (Civil Code
Art 1174). The Covid 19 pandemic is an example of force majeure.
The general rule is that no one is liable on a contract during the existence of force
majeure. If because of force majeure, it becomes impossible for the other party to
comply with his or her obligation under the contract, he or she is exempt from
liability. (Civil Code 1262) This means that he or she is excused from performing the
obligation under the contract, and would not have to pay damages.
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There are exceptions though, such as when the law or a provision of the contract
says otherwise, or when the nature of the obligation requires the assumption of
risk. (Civil Code 1174)
3. What are the examples of situations when the law makes a person liable even
if there is force majeure?
For example, if the person who, under the contract, is liable to deliver something is
already in delay even before the fortuitous event occured, he or she is still
responsible for any fortuitous event until he or she delivers. (Civil Code Art 1165) An
example of this is if you were supposed to deliver something prior to the COVID-19
situation, the current situation, at best, will only exempt you from liability for the
current period, but you would still be liable for the previous delay.
Furthermore, the person must not be guilty of negligence, otherwise he or she
would still be liable even if there is force majeure. (Tan Chiong vs inchausti, 22 Phil.
152)
4. May we stipulate in the contract in advance that parties will be liable even if
there is force majeure?
In advance, yes. Not after the force majeure has taken place unless both parties
agree.
5. So what does this all mean with respect to the contracts I have?
At the end of the day, it means that both sides will need to be reasonable. This is a
new situation and sitting down with the person on the other side of the contract to
renegotiate is something that is encouraged.
The general rule is that the force majeure event must actually prevent one or both
parties from performing their side of the contract, whether partially or wholly. If this
is not the case (ex. you can perform on the contract via the internet or without being
hampered by the new regulations), then there is no force majeure to speak of and
you would not be excused. COVID-19, in short, is not a get-out-of-jail free card to do
work that you can (and should) do.
6. What if my goods are in transit through Metro Manila i.e Business in Bulacan
and Customer in Cavite? - T
he movement of cargoes to and from the NCR, on in
such other places which may be the subject of a community quarantine, shall be
unhampered. This should then include cargo in transit through Metro Manila.
7. Do I still need to continue paying mandatory SSS contributions during this
period? - If the self-employed member realizes no income in any given month, he
shall not be required to pay contributions for that month. He may, however, be
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allowed to continue paying contributions under the same rules and regulations
applicable to a separate employee member. (Section 11-A, RA 11199)
LEGISLATIVE BRANCH
Philippine Senate March 16, 8am to Senate is in recess Senior Senate
3pm Staff member
JUDICIARY
Courts o
utside t he Fully operational by https://twitter.
National Capital March 19 com/SCPh_PIO
/status/123841
517679941632
0/photo/1
EXECUTIVE BRANCH
2. Will BIR adjust its deadlines?
As of 15 March 2020, the BIR has not announced any reprieve from their deadlines -
April 15 deadline for income tax return filing. However, “the government can allow
amendment of returns without payment of interest, subject to certain conditions like no
variance of more than 25 percent.” (https://www.pna.gov.ph/articles/1096722)
3. Will the SEC be relaxing its reportorial requirements?
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While the Commission is finalizing measures to help companies with the Covid-19
outbreak, the public is assured that the SEC will be extending the deadline for filing
of the audited financial statements for 60 days.
(http://www.sec.gov.ph/wp-content/uploads/2020/03/2020PressRelease_SEC-finalizi
ng-measures-to-help-companies-cope-with-COVID-19-outbreak_.pdf)
However, under Section 17 of the Securities Regulation Code, all publicly listed
companies are mandated to disclose, using PSE EDGE not later than 12 noon of 16
March 2020, the following: risks and impact of COVID-19 on their business operation
and all measures to mitigate the risks that it will undertake or has undertaken.
http://www.sec.gov.ph/wp-content/uploads/2020/03/2020Notice_FilingOfCurrentRe
portSec17SRC.pdf
4. Are the payments of utilities (water, electricity, etc) and bank amortizations
suspended during this period?
No announcement has been made on this matter.