Bayanihan amidst COVID-19 Pandemic

Just a month after the Philippines welcomed the new year of 2020, the Filipino people were shaken up when the Department of Health (DOH) reported the first case of COVID-19 in the country. The patient (PH1) was a 38-year old female Chinese national. A few weeks later, or on 07 March 2020, a local transmission of the said infectious disease was confirmed to have occurred in the Philippines.

Most of the first cases of COVID-19 were confirmed to be within Metro Manila. Thus, on the evening of 12 March 2020, President Rodrigo Duterte, announced that, starting 15 March 2020 until 12 April 2020, the entire Metro Manila will be placed under a community quarantine. The directive effectively enforce travel restrictions to and from Metro Manila and force most establishments to close temporarily. Its primary objective is to enforce strict social distancing with the hope of lessening the spread of the virus.

With the rapid increase of confirmed cases of COVID-19, on 16 March 2020, the President was constrained to place the entire Luzon under an enhanced community quarantine (ECQ) starting 17 March 2020 until 14 April 2020. This was further extended when the President, on 07 April 2020, approved the recommendation of the Inter-Agency Task Force (IATF) to extend the ECQ up to 30 April 2020 at 11:59 pm.

As of writing, the World Health Organization (WHO), together with scientists and medical researchers and practitioners all over the world, has yet to develop a vaccine that would relieve the further spreading of the disease. In the meantime, most nations were forced to close their doors and stay at home to somehow contain the outbreak of COVID-19. However, the closure of government offices and most business establishments had caused tremendous set back in the livelihood of the citizens, especially the workers. This global pandemic is not only causing physical deaths, but also economic death to nations worldwide. To provide a temporary solution to this inevitable situation and to aid the government in fighting COVID-19, the Philippine legislature enacted on 24 March 2020 the Republic Act No. (RA) 11479, or otherwise known as the “Bayanihan to Heal as One Act”, granting the President the authority to exercise powers necessary to carry out declared national policy.[1] The use of the Filipino word “bayanihan,” which to Filipinos can mean unity and cooperation, seems to remind the Filipino people that the main weapon in this battle against COVID-19 pandemic is unity and oneness of the entire Filipino nation.

Here are the salient points of the law:

Pursuant to Article VI, Section 23 (2) of the Constitution, the President was granted powers to adopt the following temporary emergency measures:

a. Following WHO guidelines and best practices, adopt and implement measures to prevent and suppress further transmission and spread of COVID-19 through effective education, detection, protection, and treatment;[2]

b. Expedite and streamline the accreditation of testing kits and facilitate prompt testing by public and designated private institutions of PUIs and PUMs, and the compulsory and immediate isolation and treatment of patients;[3]

c. Provide an emergency subsidy (a minimum of P5,000.00 to a maximum of P8,000.00 for 2 months) to around eighteen (18) million low income households. The subsidy shall be computed based on the prevailing regional minimum wage rates taking into consideration the subsidy received from the current conditional cash transfer program and rice subsidy;[4]

d. Ensure that all public health workers are protected by providing them with a “COVID-19 special risk allowance”, in addition to the hazard pay granted under RA No. 7305;[5]

e. Direct the PhilHealth to shoulder all medical expenses of public and private health workers in case of exposure to COVID-19 or any work-related injury or disease during the duration of the emergency;[6]

f. Provide compensation of P100,000.00 to public and private health workers who may contract severe COVID-19 infection while in line of duty. A compensation of P1,000,000.00 shall be given to public and private health workers, who may die while fighting the COVID-19 pandemic. Note that this shall have retroactive application from February 1, 2020;[7]

g. Ensure that all LGUs are:

i. acting within the letter and spirit of all the rules, regulations and directives issued by the National Government pursuant to this Act;

ii. implementing standards of Community Quarantine consistent with what the National Government has laid down for the subject area, while allowing LGUs to continue exercising their autonomy in matters undefined by the National Government or are within the parameters set; and

iii. fully cooperating towards a unified, cohesive and orderly implementation of the national policy to address COVID-19;[8]

h. When the public interest so requires, direct the operation of privately-owned hospitals and medical and health facilities including passenger vessels and, other establishments, to house health workers, serve as quarantine areas, quarantine centers, medical relief and aid distribution locations, or other temporary medical facilities; and public transportation to ferry health, emergency and frontline personnel and other persons;[9]

i. Continue to enforce measures to protect the people from hoarding, profiteering, injurious speculations, manipulations of prices, product deceptions, and cartels, monopolies or other combinations in restraint of trade, or other pernicious practices affecting the supply, distribution and movement of food, clothing, hygiene and sanitation products, medicine and medical supplies, fuel, fertilizers, chemicals, building materials, implements, machinery equipment and spare parts required in agriculture, industry and other essential services, and other articles of prime necessity, whether imported or locally produced or manufactured;[10]

j. Ensure that donation, acceptance and distribution of health products intended to address the COVID-19 public health emergency are not unnecessarily delayed and that health products for donation duly certified by the regulatory agency or their accredited third party from countries with established regulation shall automatically be cleared;[11]

k. Undertake the procurement of the following as the need arises, in the most expeditious manner:

i. Goods, which may include personal protective equipment; laboratory equipment and its reagents; medical equipment and devices; support and maintenance for laboratory and medical equipment, surgical equipment and supplies; medical supplies, tools and consumables; testing kits, and such other supplies and equipment as may be determined by the DOH and other relevant government agencies;

ii. Goods and services for social amelioration measures in favor of affected communities;

iii. Lease of real property or venue for use to house health workers or serve as quarantine centers, medical relief and aid distribution locations, or temporary medical facilities;

iv. Establishment, construction, and operation of temporary medical facilities;

v. Utilities, telecommunications, and other critical services in relation to operation of quarantine centers, medical relief and aid distribution centers and temporary medical facilities; and

vi. Ancillary services related to the foregoing.[12]

l. Partner with the Philippine Red Cross, as the primary humanitarian agency that is auxiliary to the government in giving aid to the people, subject to reimbursement, in the distribution of goods and services incidental in the fight against COVID-19;[13]

m. Engage temporary Human Resources for Health (HRH) such as medical and allied medical staff to complement or supplement the current health workforce or to man the temporary medical facilities to be established in accordance with Section 4 k(4) of this Act;[14]

n. Ensure the availability of credit to the productive sectors of the economy especially in the countryside through measures such as, but not limited to, lowering the effective lending rates of interest and reserve requirements of lending institutions;[15]

o. Liberalize the grant of incentives for the manufacture or importation of critical or needed equipment or supplies for the carrying-out of the policy declared herein, including healthcare equipment and supplies. The importation of these equipment and supplies shall be exempt from import, taxes and other fees;[16]

p. Ensure the availability of essential goods, in particular food and medicine;[17]

q. Require business to prioritize and accept contracts, subject to fair and reasonable terms, for materials and services necessary to promote the herein declared national policy;[18]

r. Regulate and limit the operation of all sectors of transportation through and, sea or air, whether private or public;[19]

s. Regulate traffic on all roads, streets and bridges, and access thereto;[20]

t. Continue to authorize alternative working arrangements for employees and workers in the Executive Branch, and whenever it becomes necessary, in other independent branches of the government and constitutional bodies, and the private sector;[21]

u. Conserve and regulate the distribution and use of power, fuel, energy and water, and ensure adequate supply of the same;[22]

v. Direct the discontinuance of appropriated programs, projects or activities (P/A/P) of any agency of the Executive Department, including GOOCCs, in the FYs 2019 and 2020 GAA, whether released or unreleased, the allotments for which remain unobligated, and utilize the savings generated therefrom to augment the allocation for any item directly related to support operations and response measures, which are necessary or beneficial in order to address the COVID-19 emergency, consistent with the herein declared national policy;[23]

w. Any unutilized or unreleased balance in a special purpose fund, as of the date of declaration of a State of Emergency, shall be considered to have their purpose abandoned for the duration of the State of Emergency. All such unspent, unutilized or unreleased money or funds sourced from collections or receipts, including future collections and receipts, shall be utilized and are hereby appropriated for such measures to address the COVID-19 situation and accomplish the declared national policy herein;[24]

x. Reprogram, reallocate, and realign from savings on other items of appropriations in the FY 2020 GAA in the Executive Department, as may be necessary and beneficial to fund measures that address and respond to the COVID-19 emergency, including social amelioration for affected communities, and the recovery of areas, sectors and industries severely affected. All amounts so reprogrammed, reallocated or realigned shall be deemed automatically appropriated for such measures to address the COVID-19 situation within the period specified under Section 9 of the Act;[25]

y. The President is authorized to allocate cash, funds, investments, including unutilized or unreleased subsidies and transfers, held by any GOCC or any national government agency in order to address the COVID-19 emergency;[26]

z. Move statutory deadlines and timelines for the filing and submission of any document, the payment of taxes, fees, and other charges required by law, and the grant of any benefit, in order to ease the burden on individuals under Community Quarantine;[27]

aa. Direct all banks, quasi-banks, financing companies, lending companies, and other financial institutions, public and private, including the GSIS, SSS and Pag-Ibig Fund, to implement a minimum of a 30-day grace period for the payment of all loans, including but not limited to salary, personal, housing, and motor vehicle loans, as well as credit card payments, falling due within the period of the enhanced Community Quarantine without incurring interests, penalties, fees, or other charges. Persons with multiple loans shall likewise be given the minimum 30-day grace period for every loan;[28]

bb. Provide for a minimum of 30-day grace period on residential rents falling due within the period of the enhanced community quarantine, without incurring interests, penalties, fees, and other charges;[29]

cc. Implement an expanded and enhanced Pantawid Pamilya Pilipino Program, responsive to the need posed by the crisis;[30]

dd. Lift the 30% cap on the amount appropriated for the quick response fund, as provided for in RA 10121, during the existence of the state of national emergency due to COVID-19;[31] and

ee. Undertake such other measures as may be reasonable and necessary to enable the President to carry out the declared national policy subject to the Bill of Rights and other constitutional guarantees.[32]

The law also provides penalties consisting of imprisonment of two (2) months or a fine not less than P10,000.00 but not more than P1,000,000.00, or both, for the following offenses:

a. LGU officials disobeying national government polices or directives in imposing quarantines;

b. Owners and possessors of privately-owned hospitals, medical and health facilities, including passenger vessels, and other establishments who unjustifiably refuse to operate pursuant to the directive of the President;

c. Engaging in hoarding, profiteering, injurious speculations, manipulations of prices, product deceptions, and cartels, monopolies or other combinations in restraint of trade, or other pernicious practices affecting the supply, distribution and movement of food, clothing, hygiene and sanitation products, medicine and medical supplies, fuel, fertilizers, chemicals, building materials, implements, machinery equipment and spare parts required in agriculture, industry and other essential services, and other articles of prime necessity, whether imported or locally produced or manufactured;

d. Refusal to prioritize and accept contracts for materials and services necessary to promote the herein declared national policy;

e. Refusal to provide 30-day grace periods provided under Section 4;

f. Individuals or groups creating, perpetrating, or spreading false information regarding the COVID-19 crisis on social media and other platforms, such information having no valid or beneficial effect on the population, and are clearly geared to promote chaos, panic, anarchy, fear, or confusion; and those participating in cyber incidents that make use or take advantage of the current crisis situation to prey on the public through scams, phishing, fraudulent emails, or other similar acts;

g. Failure to comply with reasonable limitations on the operation of certain transportation sectors or sectors, whether land, sea or air, be it private or public; and

h. Impeding access to roads, streets and bridges; putting-up prohibited encroachments or obstacles; and maintenance of illegal constructions in public places that have been ordered to be removed.[33]

Nothing in the Act shall be construed as an impairment, restriction or modification of the provisions of the constitution. In case the exercise of the powers herein granted conflicts with other statutes, orders, rules or regulations, the provisions of this Act shall prevail.[34]

To know more about the Bayanihan to Heal as One Act, you may visit www.officialgazette.gov.ph.

References:

An Act Declaring the Existence of a National Emergency arising from the Coronavirus Disease (COVID-19) Situation and a National Policy in connection therewith, and Authorizing the President of the Republic of the Philippines for a Limited Period and Subject to Restrictions, to Exercise Powers Necessary and Proper to Carry Out the Declared National Policy and For Other Purposes [Bayanihan to Heal As One Act], Republic Act No. 11469 (2020).

CNN Philippines Staff, Luzon-wide lockdown extended until April 30 to stop COVID-19 spread, CNN PHIL., Apr. 07, 2020, available at https://cnnphilippines.com/news/2020/4/7/Luzon-lockdown-enhanced-community-quarantine-extension.html?fbclid=IwAR1lSOvLteAmIA6mHlp4SEBzkf-p_D7yqiJXQzARNRq5e-j5sjBdYBNoFUg (last accessed Apr. 17, 2020).

World Health Organization, Coronavirus disease (COVID-19) in the Philippines, available at https://www.who.int/philippines/emergencies/covid-19-in-the-philippines (last accessed Apr. 17, 2020).

Footnotes: [1] An Act Declaring the Existence of a National Emergency arising from the Coronavirus Disease (COVID-19) Situation and a National Policy in connection therewith, and Authorizing the President of the Republic of the Philippines for a Limited Period and Subject to Restrictions, to Exercise Powers Necessary and Proper to Carry Out the Declared National Policy and For Other Purposes [Bayanihan to Heal As One Act], Republic Act No. 11469, § 4 (2020). [2] Bayanihan to Heal As One Act, § 4 (a). [3] Bayanihan to Heal As One Act, § 4 (b). [4] Bayanihan to Heal As One Act, § 4 (c). [5] Bayanihan to Heal As One Act, § 4 (d). [6] Bayanihan to Heal As One Act, § 4 (e). [7] Bayanihan to Heal As One Act, § 4 (f). [8] Bayanihan to Heal As One Act, § 4 (g). [9] Bayanihan to Heal As One Act, § 4 (h). [10] Bayanihan to Heal As One Act, § 4 (i). [11] Bayanihan to Heal As One Act, § 4 (j). [12] Bayanihan to Heal As One Act, § 4 (k). [13] Bayanihan to Heal As One Act, § 4 (l). [14] Bayanihan to Heal As One Act, § 4 (m). [15] Bayanihan to Heal As One Act, § 4 (n). [16] Bayanihan to Heal As One Act, § 4 (o). [17] Bayanihan to Heal As One Act, § 4 (p). [18] Bayanihan to Heal As One Act, § 4 (q). [19] Bayanihan to Heal As One Act, § 4 (r). [20] Bayanihan to Heal As One Act, § 4 (s). [21] Bayanihan to Heal As One Act, § 4 (t). [22] Bayanihan to Heal As One Act, § 4 (u). [23] Bayanihan to Heal As One Act, § 4 (v). [24] Bayanihan to Heal As One Act, § 4 (w). [25] Bayanihan to Heal As One Act, § 4 (x). [26] Bayanihan to Heal As One Act, § 4 (y). [27] Bayanihan to Heal As One Act, § 4 (z). [28] Bayanihan to Heal As One Act, § 4 (aa). [29] Bayanihan to Heal As One Act, § 4 (bb). [30] Bayanihan to Heal As One Act, § 4 (cc). [31] Bayanihan to Heal As One Act, § 4 (dd). [32] Bayanihan to Heal As One Act, § 4 (ee). [33] Bayanihan to Heal As One Act, § 6. [34] Bayanihan to Heal As One Act, § 8.