HON.

FELIPE ANTONIO REMOLLO

City Mayor of Dumaguete City
Office of the City Mayor
Sta. Catalina Street, Dumaguete City
6200 Negros Oriental, Philippines

Karl Flores
Building Manager
Marina Spatial – Marina Town Dumaguete

Dear Mr. Karl Flores:

This is in reference to the letter you sent dated May 19, 2020, on the Inquiry on Leasing of
Condominium Units under General Community Quarantine (GCQ).

Under the IATF Omnibus Guidelines on the Implementation of Community Quarantine dated
May 15, 2020, hotels or similar establishments within communities under GCQ, as an exception
to not operate, are allowed to accommodate clients, provided such is for basic lodging
purposes only:

(1) Guests who have existing booking accommodations for foreigners as of May 01,
2020;
(2) Guests who have existing long-term bookings;
(3) Distressed OFWs and stranded Filipinos or foreign nationals;
(4) Repatriated OFWs in compliance with approved quarantine protocols;
(5) Non-OFWs who may be required to undergo mandatory facility-based quarantine;
and
(6) Healthcare workers and other employees from exempted establishments under the
Revised IATF Omnibus guidelines and applicable Memoranda from the Executive
Secretary.1

Based on the guidelines, the exception to accommodate is exclusive to the abovementioned

enumeration. However, it should also be taken into consideration that the Provincial Governor
of Negros Oriental issued an Executive Order numbered 2020-29 dated April 30, 2020 which
allows Hotels/lodging houses/inns to operate provided that these establishments limit their
services to locals and should not accept outside-the-province or country bookings. 2 In view of
the foregoing, it may be considered that Hotels/lodging houses/inns or similar establishments
may operate during GCQ so long as the previously mentioned conditions are existing.

1
Sec. 4, Par. 10. IATF. Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines.
May 15, 2020.
2
Par. 3, Sec. 3. Executive Order No. 2020-29, dated April 30, 2020.
The question, however, is this: are Condominium units covered by this exception to operate?
We are in the affirmative.

Hotels/lodging houses/inns or similar establishments operate by offering their properties to

clients and guests who seek for temporary abode. All of these establishments are in a way,
subjecting their properties for lease. As defined in the case of Lim Si vs. Lim “A Lease is not a
contract imposed by law, with the terms thereof also fixed by law. It is a consensual, bilateral,
onerous and commutative contract by which the owner temporarily grants the use of his
property to another who undertakes to pay rent therefor[emphasis supplied]”3.

Since the leasing of condominium units is in a way of the same nature and purpose as the
business of hotels/lodging houses/inns mentioned, it may be considered as ejusdem generis - of
the same class, or the same kind. It is then safe to assume that it is included in the enumeration
of establishments permitted to lease their premises in exceptional circumstances mentioned.

Hence, Marina Spatial Dumaguete may be allowed to accept bookings of its condominium units
that are being leased out so long as the conditions imposed by the IATF Guidelines and
Provincial Executive Order No. 2020-29 are present.

Thank you.

Sincerely,

FELIPE ANTONIO B. REMOLLO

City Mayor
Dumaguete City

3
G.R. No. L-8496. April 25, 1956.