22 May 2020
The following updates, among others, were covered by SyCipLaw’s bulletin to its clients:
A. The Department of Labor and Employment released Department Order No. 213-2020 dated May 5, 2020 (DO No. 213-2020) which prescribes guidelines in the prescription of actions and the suspension of reglementary periods to file pleadings, motions and other documents and the period up to when certain documents which are due within the period of the Enhanced Community Quarantine (ECQ) can be filed.
B. The Department of Trade and Industry has issued Memorandum Circular No. 20-22 dated May 5, 2020 supplementing the Omnibus Guidelines of the IATF. The circular lists business establishments that are allowed to operate in areas under ECQ and GCQ. The circular provides for four categories of industries based on whether they can operate during ECQ and/or GCQ.
C. The Intellectual Property Office of the Philippines (IPOPHL) has issued Memorandum Circular No. 2020-012 dated May 4, 2020 allowing “[p]arties to pending mediation proceedings [to] file [an] online request to conduct the mediation through online meetings or conferences” starting May 4. The memorandum modifies Section 2 of its Memorandum Circular No. 2020-011, which provides that mediations before the IPOPHL are suspended until May 15, 2020.
D. The Supreme Court has issued OCA Circular No. 93-2020 dated May 4, 2020 prescribing the guidelines for the videoconference hearings of criminal cases involving persons deprived of liberty (PDL).
E. The Bureau of Customs has issued Customs Memorandum Circular (CMC) No. 125-2020 dated May 5, 2020 which provides guidelines that certain crude oil and refined petroleum products, “regardless of the country of origin, which are entered and withdrawn from warehouses in the Philippines for consumption,” are “subject to a temporary additional import duty of 10%, on top of their existing Most Favored Nation and preferential import duties.”
The full text of the bulletin can be found at (https://mailchi.mp/2f13a4fc7b98/extension-of-periods-to-file-documents-with-dole-other-covid-19-issuances)
A. Suspension of Periods to File Applications and Other Documents with the Department of Labor and Employment (DOLE)
1. DOLE Guidelines on Prescription of Actions and Suspension of Periods to File Documents
DOLE Department Order No. 213-2020 (Prescribing Guidelines in the Prescription of Actions and the Suspension of Reglementary Periods to File Pleadings, Motions and Other Documents) dated May 5, 2020 (DO No. 213-2020) [1] provides the following guidelines on the period up to when certain documents which are due within the period of the Enhanced Community Quarantine (ECQ) [2] can be filed:
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Matter or Type of Filing with DOLE
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Period of Suspension of Reglementary Period
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Proceedings before the Regional Office (RO), Bureaus, and the Office of the DOLE Secretary |
The “prescriptive periods for the commencement of actions, claims, petitions, complaints and other proceedings… shall be interrupted reckoned from 16 March 2020 and shall begin to run when the Enhanced Community Quarantine (ECQ) or General Community Quarantine (GCQ) is lifted.” |
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Certificates of Registration (CR) under Department Order No. 174-17 |
The submission of application documents “is suspended during the community quarantine.” In case the registration expired or expires during the community quarantine, “extension of filing the CR is deemed granted after the lifting of the community quarantine for a period of thirty (30) days.” |
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Applications for AEPs and licenses to operate for PEAs |
If due for renewal during the ECQ and GCQ “can be filed within forty-five (45) working days after the lifting of the ECQ or GCQ,” without penalty. |
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Petitions for certification election, inter- and intra-union cases, cases relative to alien employment permits, labor standards cases with finality, and child labor cases |
The filing of documents relative to these cases “is suspended for the duration of the community quarantine.” The rendition of orders, judgments, and resolutions are likewise suspended. Proceedings requiring the personal appearance of the parties and counsels in these cases shall be canceled and rescheduled after the community quarantine is lifted. In cases where monetary awards are involved, the deadline for payment of the monetary award is also suspended and the payment rescheduled after the ECQ or GCQ is lifted. |
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Routine inspections, complaint inspections, and occupational safety and health investigations |
These inspections “are suspended for the duration of the community quarantine. Routine inspections shall continue to be suspended even after the lifting of the community quarantine.” |
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Labor standards cases |
The period to comply in pending cases is suspended during the community quarantine. Mandatory conferences shall be rescheduled after the community quarantine is lifted. The reglementary period for Compliance Orders “is interrupted for the duration of the community quarantine, and the period shall commence to run once the community quarantine is lifted.” |
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Writs of execution; Permits to Operate Mechanical Equipment and Certificates of Electrical Wiring Installation; Requests for assistance under the Single-Entry Approach (SEnA) system |
The service of writs of execution, the submission of documents in applications for Permit to Operate Mechanical Equipment and Certificate of Electrical Wiring Installation and the filing of requests for assistance under the Single-Entry Approach (SEnA) system are also suspended during the ECQ or GCQ. |
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Proceedings before the Office of the DOLE Secretary |
i. Proceedings on administrative cases, cases on the assumption of jurisdiction, and voluntary arbitration cases “shall be deemed suspended during the duration of the ECQ.” Submissions by parties which are pending in such cases “shall be acted upon after the community quarantine has been lifted.”
ii. The period to file appeals and petitions for review with the DOLE Secretary, if falling within the ECQ period, “shall be suspended and shall commence to run fifteen (15) days after the lifting of the ECQ.” Similarly, the period to file motions for reconsideration from orders, resolutions, or decisions of the DOLE Secretary, if falling within the ECQ period, “is deemed suspended and the movant may file the intended Motion for Reconsideration within fifteen (15) days after the lifting of the ECQ.” |
Please see Part F below on the extension of periods to file documents with the Board of Investments and Energy Regulatory Commission.
2. DOLE Advisory on Alien Employment Permits Applications and Private Employment Agency Licenses
DOLE has issued Labor Advisory No. 16-2020 (Interruption of Period for Filing of Application (New and Renewal) of Alien Employment Permits (AEPs) and Private Employment Agency (PEA) Licenses) dated May 4, 2020 [3] which provides the following:
a. Applications for AEPs and licenses to operate for PEAs, if due for renewal during the quarantine period “can be filed within forty-five (45) working days after the lifting of the same, without penalty.”
b. For new AEP applications, the publication and posting may be undertaken “primarily in the DOLE website of the concerned Regional Office (RO) and/or Public Employment Service Office” and is “temporarily allowed in regions where publishers of newspapers of general circulation are not yet allowed to operate.” However, the publication of the AEP applications should be done in a newspaper of general circulation “upon resumption of operations.”
For more information on these DOLE issuances, please contact your account partner or the author of this client bulletin:
Ronald Mark C. Lleno
Partner
rmclleno@syciplaw.com
B. Issuances Supplementing the Inter-Agency Task Force on Emerging Infectious Diseases’ (IATF) Omnibus Guidelines on Community Quarantine (Omnibus Guidelines)
1. List of Business Establishments Allowed to Operate in Areas Under ECQ and GCQ under Department of Trade and Industry (DTI) Memorandum Circular No. 20-22
a. The DTI has issued Memorandum Circular No. 20-22 (Business Establishments or Activities Allowed to Operate in Areas Declared Under Enhanced Community Quarantine (ECQ) and General Community Quarantine (GCQ) Pursuant to the Omnibus Guidelines on Community Quarantine as Confirmed and Adopted by the President under Executive Order No. 112 S. 2020) dated May 5, 2020 [4] supplementing the Omnibus Guidelines of the IATF [5].
b. The circular provides for four categories of industries based on whether they can operate during ECQ and/or GCQ [6], as follows:
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Category |
Operational Capacity |
Examples |
| I |
“Full operational capacity” during both ECQ and GCQ |
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| II | “50% Up To Full Operational Capacity” |
Allowed to operate in areas under ECQ and GCQ:
Allowed to operate only in areas under GCQ:
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| III | “50% Work-on-Site Arrangement, Work-From-Home, and Other Alternative Work Arrangement” |
Allowed to operate in areas under ECQ and GCQ:
Allowed to operate only in areas under GCQ:
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| IV | Not allowed to operate in areas under ECQ and GCQ |
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The DTI may expand or limit the list of establishments allowed to operate as warranted by the circumstances. For a complete list of establishments per category, please refer to the full text of the circular at https://dtiwebfiles.s3-ap-southeast-1.amazonaws.com/COVID19Resources/COVID-19+Advisories/050520_MC2022.pdf.
The DTI has also issued Memorandum Circular No. 20-21 (Guidelines on The Operations of Malls and Shopping Centers in Areas Declared Under General Community Quarantine (GCQ)) dated May 4, 2020 [7] prescribing the guidelines for mall operations in areas under GCQ.
c. Movement of cargo “by land, air or sea within and across areas placed under ECQ and GCQ shall be unhampered.” Cargo vehicles may operate with a maximum of 5 people and observance of “strict social distancing measures.”
d. “[M]ovement of workers of business establishments or activities under Category I-III are allowed subject to the operational capacity limits set by the IATF and presentation in quarantine control points of company ID or certificate of employment or any identification requirements that the IATF may issue. IATF ID or Rapid Pass shall not be required.”
e. “The following employees or workers shall be allowed to be outside of their residences … for the purpose of reporting to work in permitted industries and offices … or to obtain essential goods: (i) below 21 years old, (ii) 60 years old and above, (iii) with immunodeficiency, comorbidities, or other health risk, (iv) pregnant women, and (iv) any person who resides with the aforementioned.”
2. Guidelines for Public Transportation for Areas under GCQ
a. The Land Transportation Franchising and Regulatory Board (LTFRB) has issued Memorandum Circular No. 2020-017 (Guidelines for Public Transportation for Areas under General Community Quarantine (GCQ)) dated April 29, 2020 [8] prescribing the guidelines for public transportation operating in areas under GCQ.
b. The circular provides for the following:
i. Operators are required to secure a Special Permit and may only operate in the “routes identified and approved by the [Department of Transportation] (DOTr) and/or the Board.”
ii. “[A]uthorized public utility buses (PUBs) shall be the preferred units of transport service.” In the absence of PUBs, the circular enumerates transport services allowed to operate.
iii. Passenger capacity shall not exceed 50% of the vehicle’s capacity.
iv. Drivers, conductors, and passengers are required to wear face masks at all times. In addition, operators or drivers shall “provide a foot-disinfectant or foot bath for passengers prior to boarding” and mark the seats “where the passengers must occupy.”
3. Guidelines for the Resumption of Operation of Passenger Ships
The Maritime Industry Authority (MARINA) has issued Advisory No. 2020-29 (Guidelines on the Resumption of Operation of Passenger Ships in Areas under General Community Quarantine (GCQ) and Enhanced Community Quarantine (ECQ)) dated April 30, 2020 [9] prescribing the guidelines for the operation of passenger ships.
The advisory provides that passenger ships are only allowed to operate in areas under GCQ and are required to implement minimum public health standards (e.g., social distancing measures and frequent disinfection). The passenger load of ships will also be limited to 50% of its regular capacity. Passenger ships allowed to operate will “not be allowed to travel to any port under ECQ.”
4. Construction Safety Guidelines for DPWH Infrastructure Projects
The Department of Public Works and Highways (DPWH) has issued Department Order No. 35, Series of 2020 (Construction Safety Guidelines for the Implementation of All DPWH Infrastructure Projects During the COVID-19 Public Health Crisis) dated May 4, 2020 [10] enumerating the construction projects that may continue pursuant to the Omnibus Guidelines.
The table below sets out the projects allowed depending on the community quarantine imposed in the area:
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Projects Allowed in Areas under ECQ and GCQ
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Projects Allowed Only in Areas under GCQ |
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i. “Quarantine facilities and isolation facilities (for Persons under Investigation, Persons under Monitoring, and confirmed COVID-19 patients);”
ii. “Facilities for health sectors dealing with the said abovementioned persons;” and iii. “Facilities for construction personnel who perform emergency works, flood control and other disaster risk reduction and rehabilitation works” |
i. Sewerage projects
ii. Water services facilities projects iii. Digital works iv. Health facilities v. Priority projects vi. “[O]ther similar construction projects related to the basic human needs” (e.g., “food production, agriculture, shelter necessary to address housing backlog, energy, and communication”) |
The DPWH also mandates the implementation of Construction Safety Guidelines in projects allowed to continue. Violation of the Construction Safety Guidelines shall be penalized accordingly.
C. Online Mediation Allowed by the Intellectual Property Office of the Philippines (IPOPHL)
1. The IPOPHL has issued Memorandum Circular No. 2020-012 (Supplemental Advisory on IPOPHL Services Regarding Mediation) dated May 4, 2020 [11] allowing “[p]arties to pending mediation proceedings [to] file [an] online request to conduct the mediation through online meetings or conferences” starting May 4. The memorandum modifies Section 2 of its Memorandum Circular No. 2020-011 [12] which provides that mediations before the IPOPHL are suspended until May 15, 2020.
2. “The request shall be addressed to the Alternative Dispute Resolution Services (luwin.delaconcha@ipophil.gov.ph), copy furnished the Director of the Bureau of Legal Affairs (nathaniel.arevalo@ipophil.gov.ph). The request shall be evaluated and processed in accordance with Sec. 4 of the Rules of Procedure in IPO Mediation.”
For more information about IPOPHL issuances, please contact your account partner or the author of this client bulletin:
Vida M. Panganiban-Alindogan
Partner; Head of the Intellectual Property Department
vmpanganiban@syciplaw.com
D. Guidelines for the Pilot Testing of Videoconferencing Hearings of Criminal Cases Involving Persons Deprived of Liberty
1. The Supreme Court has issued OCA Circular No. 93-2020 (Implementation of Supreme Court Administrative Circular No. 37-2020 on the Pilot Testing of Hearings of Criminal Cases Involving Persons Deprived of Liberty through Videoconferencing) dated May 4, 2020 [13] prescribing the guidelines for the videoconference hearings of criminal cases involving persons deprived of liberty (PDL).
2. The circular provides for the following:
a. Videoconferencing hearings shall –
i. “only use the officially provided Philippine Judiciary 365 platform which has, among others, the Outlook application for the official e-mail accounts, and the Teams application to host the videoconferencing hearings.”
ii. “include all stages of trial of newly-filed and pending criminal cases … provided they pertain to urgent matters involving PDLs who are detained … awaiting their commitment to the proper jail facilities. An accused who is already out on bail or recognizance cannot avail of videoconferencing hearings.”
iii. be scheduled by the court. The parties shall be notified by the court through their respective email addresses.” The court must receive the electronic submissions of parties “at least three (3) days prior to the scheduled videoconferencing hearing.”
3. “If during the videoconferencing hearing, the judge issues or promulgates an order or decision, a copy thereof shall immediately be furnished the parties. The service of such order or decision to the parties may be done electronically through e-mail, but proof of receipt thereof should be properly recorded.”
4. To protect and uphold the rights of the accused, “the court shall ascertain that the concerned PDL understands that the hearing of his or her case is through videoconferencing.” The PDL and his or her counsel shall be allowed to confer separately at any time during the hearing. The judge may suspend the proceedings in case of any technical difficulties.
E. Temporary Increase of Import Duties on Petroleum Products Imposed by the Bureau of Customs (BOC)
1. The BOC has issued Customs Memorandum Circular (CMC) No. 125-2020 (Temporary Modification of the Rates of Import Duty on Certain Crude Petroleum Oil and Refined Petroleum Products under Section 1611 of the Customs Modernization and Tariff Act (CMTA) Pursuant to Executive Order No. 113, Series of 2020) dated May 5, 2020 [14] providing that certain crude oil and refined petroleum products, “regardless of the country of origin, which are entered and withdrawn from warehouses in the Philippines for consumption,” are “subject to a temporary additional import duty of 10%, on top of their existing Most Favored Nation and preferential import duties.”
2. The CMC implements the directive of the President to increase import duties in Executive Order (EO) No. 113 (Temporarily Modifying of the Rates of Import Duty on Crude Petroleum Oil and Refined Petroleum Products under Section 1611 of Republic Act No. 10863, Otherwise Known as the “Customs Modernization and Tariff Act”) dated May 2, 2020. [15]
The list of crude oil and petroleum products subject to the additional import duty is found in Annex A of EO No. 113. [16]
3. CMC NO. 125-2020 also provides that EO No. 113 shall remain effective “until such time that the Bayanihan Act ceases to take effect, or upon the reversion of the modified rates of import duty to 0% as international oil prices increase [17], whichever is earlier.”
F. Issuances Implementing Republic Act No. 11469 or the Bayanihan to Heal As One Act (Bayanihan Act)
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Government Agency |
Issuance |
Summary |
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Additional Area Placed Under ECQ |
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| Office of the President |
Recommendation of the Inter-Agency Task Force for the Management of Emerging Infectious Diseases Relative to the Inclusion of Albay Province and Zamboanga City in the List of Areas under Enhanced Community Quarantine from 01 to 15 May 2020 (Memorandum from the Executive Secretary dated May 2, 2020) [18] |
This implements an ECQ over Albay Province and Zamboanga City, effective from 12 midnight of May 3, 2020 until 11:59 PM of May 15, 2020. |
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Grace Periods |
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| Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) | IATF Resolution No. 33, Series of 2020 dated May 6, 2020 [19] |
This implements Sections 4(aa) and (bb) of the Bayanihan Act [20] by directing “all banks, quasi-banks, financing companies, lending companies, and other [public and private] financial institutions, including the Government Service Insurance System, Social Security System and Pag-ibig fund” to grant a minimum-30 day grace period “from due date or until such time that the community quarantine is lifted, whichever is longer” for the payment of all loans “falling due within the period of ECQ or GCQ.”
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| Energy Regulatory Commission (ERC) | Amendments and Clarifications on the April 15, 2020 Advisory in view of the ECQ Extension (ERC Advisory dated May 5, 2020) [21] |
This amends the ERC Advisory dated April 15, 2020 [22]providing for the grace period for the payment of electricity bills. In view of the ECQ extension, the ERC directs Distribution Utilities (DUs) and Retail Electricity Suppliers (RES) to “further extend the grace period for the payment of their consumers’ electricity bills falling due within the ECQ period of [March 16 to May 15, 2020].” Amortized payments “shall commence no earlier than [May 30, 2020].”
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Extensions for Filing of Documents |
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| Board of Investments (BOI) |
Extensions for Filing of Documents (BOI Advisory dated May 6, 2020) [23] |
This provides for the periods to file reports pursuant to the Tax Incentives Management and Transparency Act, income tax holiday application before the Incentives Administration Service, and motion for reconsideration and other reportorial requirements before the Legal Compliance Service.
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| Energy Regulatory Commission (ERC) |
A Resolution Extending the Deadline for Filing Applications, Pleadings and Other Documents, Allowing the Filing Thereof Through Electronic Means, and Other Matters (ERC Resolution No. 03, Series of 2020 dated May 5, 2020) [24]
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This provides for the extension of “filing and submission of all applications, pleadings and other documents that fall due on or before May 31, 2020” until June 30, 2020. The resolution also gives parties the option to file applications, pleadings, and documents through electronic means, “except those which need to undergo pre-filing conference.”
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Waiver of Fees |
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| Bureau of Immigration (BI) |
Effect of the Extension of the ECQ and Declaration of GCQ in Selected Areas (BI Advisory dated May 4, 2020) [25] |
This provides for the waiver of fines and penalties for “application of visa extension of all outbound passengers whose visa extension expired during the period of ECQ/GCQ.” |
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Public Health and Health System Standards |
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| Department of Health (DOH) |
Guidelines on the Risk-Based Public Health Standards for COVID-19 Mitigation (DOH Administrative Order No. 2020-015 dated April 27, 2020) [26] |
This provides for the non-pharmaceutical interventions or the “public health strategies meant to mitigate and suppress transmission of infectious diseases” as minimum public health standards to be implemented in all public and private institutions. |
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Minimum Health System Capacity Standards for COVID-19 Preparedness and Response Strategies (DOH Administrative Order No. 2020-016 dated May 4, 2020) [27] |
This “outline[s] the minimum health system capacity standards for each level of the health system.” It provides for the requirements on infrastructure and equipment, commodities and supplies, and organizational plans and processes. |
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Subsidies and Assistance |
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| President of the Philippines |
Institutionalizing the Balik Probinsya, Bagong Pag-asa Program as a Pillar of Balanced Regional Development, Creating a Council Therefor, and for Other Purposes (Executive Order No. 114 dated May 6, 2020) [28]
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This implements Section 4(x) of the Bayanihan Act [29] by creating the Balik Probinsya, Bagong Pag-asa Council to facilitate the implementation of the Balik Probinsya, Bagong Pag-asa Program. The program aims to decongest Metro Manila as a long-term solution to the COVID-19 pandemic.
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Department of Social Welfare and Development (DSWD) |
DSWD COVID-19 Response and Recovery Plan (2020-2022) (DSWD Administrative Order No. 03-2020 dated April 29, 2020) [30] |
This provides for the comprehensive recovery plan of the DSWD to address the effects of the COVID-19 pandemic. |
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Philippine Health Insurance Corporation (PhilHealth) |
Submission of Itemized Billing Statements for Claims Application for COVID-19 Benefit Packages (PhilHealth Advisory No. 2020-029 dated May 4, 2020) [31] |
This directs all Healthcare Providers to submit itemized billing statements of COVID-19 patients to PhilHealth on a weekly basis. |
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Department of Interior and Local Government (DILG) |
Clarificatory Guidelines on the Use of Peace and Order Council (POC) Funds for COVID-19 Related Programs, Projects, Services, and Activities (PPSAs) (DILG Memorandum Circular No. 2020-079dated May 1, 2020) [32] |
This provides that programs, projects, services, and activities of Local Task Force Against COVID-19 “can be funded through the [Peace and Order and Public Safety] Plan using [the Peace and Order Council] Funds.” The realignment and disbursement of funds must follow the relevant laws. |
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Government Procurement
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| President of the Philippines |
Increasing the Allowable Amount of Advance Payment for Procurement Activities under Republic Act No. 11469 or the “Bayanihan to Heal as One Act” (Memorandum Order No. 48 dated April 20, 2020) [33] |
This implements Section 4(k) of the Bayanihan Act [34] by providing for the amount of advance payment for procurement activities: a. For goods and services: 30% of the contract price b. For lease of real property: 50% of the contract price |
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Philippine Offshore Gaming Operators (POGO) Licensees and Service Providers
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| Bureau of Internal Revenue (BIR) |
Circularizing the Guidelines & Requirements for POGO Licensee and Service Providers to Apply for a BIR Clearance in connection with the Resumption of Operations (Revenue Memorandum Circular No. 46-2020 dated May 7, 2020) [35] |
POGOs have been allowed to operate in areas under ECQ and GCQ by the Philippine Amusement and Gaming Corporation (PAGCOR) provided they comply with the protocols set by the government. [36] This issuance prescribes guidelines and requirements for POGO Licensees and Service Providers in relation to the processing of their application for clearance in order to resume operations. The guidelines are found in Annex A of the circular. [37] |
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Banking Regulations
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| Bangko Sentral ng Pilipinas (BSP, the Central Bank) |
Regulatory Relief from the Exposure Limit Applicable to Unit Investment Trust Funds (UITFs) in Relation to COVID-19 (BSP Memorandum No. M-2020-038 dated May 1, 2020) [38] |
This requires trust entities to “conduct [their] own risk assessment and set internal threshold” for “breaches in respect to [their Unit Investment Trust Funds’] (UITFs) exposures to depository banks.” In case of breaches, a trust entity is required to “report its internal thresholds and the details of any breaches” to the BSP “on a weekly basis until the exposures are brought back to within the regulatory limit.” The BSP also requires that the breaches “be corrected within 30 calendar days from the time that the [enhanced community quarantine] (ECQ) is lifted.” |
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Utilization of Basel III Capital and Liquidity Buffers (BSP Memorandum No. M-2020-039 dated May 4, 2020) [39] |
This allows all universal and commercial banks and their subsidiary banks to use their capital conservation buffer and Liquidity Coverage Ratio buffer during the COVID-19 pandemic. The memorandum sets out the guidelines for utilizing the Basel III capital and liquidity buffers. |
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Revised Submission Schedule of the FX Form 1 Report (BSP Memorandum No. M-2020-040 dated May 5, 2020) [40] |
This memorandum provides the new “submission schedule of the FX Form 1 Report (Main Report and Schedules 1-13) for May 2020” in view of the ECQ extension to May 15, 2020, as well as the submission schedules of weekly FX Form 1 Report (Main Report and Schedules 1-13) for the period of March 9 to April 30, 2020. |
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Amendments to the Regulation on the Foreign Currency Deposit System (BSP Circular No. 1086, series of 2020 dated May 6, 2020) [41] |
This amends the regulations on the Foreign Currency Deposit System. The amendments aim to “align the Manual of Regulations on Foreign Exchange Transactions (FX Manual) with the licensing and enforcement frameworks under the Manual of Regulations for Banks (MORB) and to provide flexibility in managing liquidity risk with simplified compliance with the asset cover requirements of banks.” |
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For further information, please contact:
Ricardo Ma. P.G. Ongkiko, Partner, SyCip Salazar Hernandez & Gatmaitan
[2] ECQ over the island of Luzon was until April 30, 2020. Metro Manila and other high-risk areas are under ECQ until May 15, 2020.
[3] DOLE Labor Advisory No. 16-2020 dated May 4, 2020; https://www.dole.gov.ph/php_assets/uploads/2020/05/DO-No.-213-20-_prescribing.pdf; last visited at 12:13 P.M. on May 8, 2020.
[4] DTI Memorandum Circular No. 20-22 dated May 5, 2020; https://dtiwebfiles.s3-ap-southeast-1.amazonaws.com/COVID19Resources/COVID-19+Advisories/050520_MC2022.pdf; last visited at 9:00 AM on May 9, 2020.
[5] Executive Order No. 112 dated April 30, 2020; https://www.officialgazette.gov.ph/downloads/2020/04apr/2020030-EO-112-RRD.pdf; last visited at 1:29 PM on May 6, 2020.
For more information about Executive Order No. 112, see our bulletin dated May 3, 2020 at https://us5.campaign-archive.com/?u=7487080697dfcf9da2744850e&id=ef953308e8.
[6] Business Establishments or Activities Allowed to Operate, DTI Facebook Post dated May 7, 2020; https://www.facebook.com/DTI.Philippines/posts/10158420966270116; last visited at 1:37 PM on May 10, 2020.
[7] DTI Memorandum Circular No. 20-21 dated May 4, 2020; https://dtiwebfiles.s3-ap-southeast-1.amazonaws.com/COVID19Resources/COVID-19+Advisories/040520_MC2021.pdf; last visited at 9:20 AM on May 9, 2020.
[8] LTFRB Memorandum Circular No. 2020-017 dated April 29, 2020; http://ltfrb.gov.ph/wp-content/uploads/2020/04/MC-2020-017-RE-GUIDELINES-FOR-PUBLIC-TRANSPORTATION-AREAS-UNDER-GCQ-min.pdf; last visited at 9:53 AM on May 9, 2020.
[9] MARINA Advisory No. 2020-29 dated April 30, 2020; https://marina.gov.ph/wp-content/uploads/2020/05/MA-2020-29.pdf; last visited at 2:06 PM on May 9, 2020.
[10] DPWH Department Order No 35, Series of 2020 dated May 4, 2020; http://www.dpwh.gov.ph/dpwh/sites/default/files/issuances/DO_35_s2020%20updated2.pdf; last visited at 3:26 PM on May 6, 2020.
[11] IPOPHL Memorandum Circular No. 2020-012 dated May 4, 2020; https://drive.google.com/file/d/1fudPOes7eby2AoH5YIWztpCjLnHx9zw2/view; last visited at 12:10 PM on May 6, 2020.
[12] IPOPHL Memorandum Circular No. 2020-011 dated April 27, 2020; https://drive.google.com/file/d/1zE4qJtFVK8DwNibMHW-ceT4LK5m2TXtt/view; last visited at 12:10 PM on May 6, 2020.
For more information about IPOPHL Memorandum Circular No. 2020-011, see our bulletin dated May 3, 2020 at https://us5.campaign-archive.com/?u=7487080697dfcf9da2744850e&id=ef953308e8
[13] OCA Circular No. 93-2020 dated May 4, 2020; http://sc.judiciary.gov.ph/11310/; last visited at 10:19 AM on May 9, 2020.
[14] BOC Customs Memorandum Circular No. 125-2020 dated May 5, 2020; http://customs.gov.ph/wp-content/uploads/2020/05/CMC-125-2020.pdf; last visited at 1:49 PM on April 9, 2020.
[15] Executive Order No. 113 dated May 2, 2020; https://www.officialgazette.gov.ph/downloads/2020/05may/20200502-EO-113-RRD.pdf; last visited at 1:50 pm on April 9, 2020.
[16] For the complete list under Annex A, see pages 3 to 5 of EO No. 113 at https://www.officialgazette.gov.ph/downloads/2020/05may/20200502-EO-113-RRD.pdf.
[17] Section 3, EO No. 113. Reversion and Trigger Price. The modified rates of import duty shall revert to 0% as international oil prices increase, based on trigger prices indexed to oil prices in the world market, upon a certification by the Department of Energy that a trigger price has been reached, and the Department of Finance has been notified of the same.
[18] Memorandum from the Executive Secretary dated May 2, 2020; https://www.officialgazette.gov.ph/downloads/2020/05may/20200502-MEMORANDUM-FROM-ES-RRD.pdf; last visited at 4:38 PM on May 9, 2020.
[19] IATF Resolution No. 33, Series of 2020 dated May 6, 2020; https://www.officialgazette.gov.ph/downloads/2020/05may/20200506-IATF-RESOLUTION-NO-33-RRD.pdf; last visited at 4:30 PM on May 9, 2020.
[20] Bayanihan Act, Section 4(aa). Direct all banks, quasi-banks, financing companies, lending companies, and other financial institutions, public and private, including the Government Service Insurance System, Social Security System and Pag-IBIG Fund, to implement a minimum of a thirty (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 thirty (30)-day grace period for every loan;
Section 4(bb). Provide for a minimum of thirty (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.
[21] ERC Advisory dated May 5, 2020; https://www.erc.gov.ph/ContentPage/61971; last visited at 6:05 PM on May 7, 2020.
[22] For more information about ERC Advisory dated April 15, please see our bulletin dated April 26, 2020; https://us5.campaign-archive.com/?u=7487080697dfcf9da2744850e&id=b7dd64146b.
[23] BOI Advisory dated May 6, 2020; http://boi.gov.ph/sdm_downloads/boi-advisory-may-6-2020/; last visited at 2:53 PM on May 9, 2020.
[24] ERC Resolution No. 03, Series of 2020 dated May 5, 2020; https://www.erc.gov.ph/IssuancesPage/1/0; last visited at 3:45 PM on May 9, 2020.
[25] BI Advisory dated May 4, 2020; http://immigration.gov.ph/images/Advisory/2020/05_May/2020May06_advisory-ECQ.pdf; last visited at 4:40 PM on May 6, 2020.
[26] DOH Administrative Order No. 2020-015 dated April 27, 2020; https://dmas.doh.gov.ph:8083/Rest/GetFile?id=653073; last visited at 6:07 PM on May 8, 2020.
[27] DOH Administrative Order No. 2020-016 dated May 4, 2020; https://dmas.doh.gov.ph:8083/Rest/GetFile?id=653156; last visited at 4:36 PM on May 7, 2020.
[28] Executive Order No. 114 dated May 6, 2020; https://www.officialgazette.gov.ph/downloads/2020/05may/20200506-EO-114-RRD.pdf; last visited at 11:09 PM on May 9, 2020.
[29] Bayanihan Act, Section 4(x). Notwithstanding any law to the contrary, 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 hereof.
[30] DSWD Administrative Order No. 03-2020 dated April 29, 2020; https://www.dswd.gov.ph/issuances/AOs/AO_2020-003.pdf; last visited at 4:43 PM on May 7, 2020.
[31] PhilHealth Advisory No. 2020-029 dated May 4, 2020; https://www.philhealth.gov.ph/advisories/2020/adv2020-0029.pdf; last visited at 3:30 PM on May 9, 2020.
[32] DILG Memorandum Circular No. 2020-079 dated May 1, 2020; https://www.dilg.gov.ph/PDF_File/issuances/memo_circulars/dilg-memocircular-202051_c05a09b6f0.pdf; last visited at 2:12 PM on May 6, 2020.
[33] Memorandum Order No. 48 dated April 20, 2020; https://www.officialgazette.gov.ph/downloads/2020/04apr/20200420-MO-48-RRD.pdf; last visited at 11:04 AM on May 9, 2020.
[34] Bayanihan Act, Section 4(k). Undertake the procurement of the following as the need arises, in the most expeditious manner, as exemptions from the provisions of Republic Act No. 9184 or the “Government Procurement Reform Act" and other relevant laws xxx
[35] BIR RMC No. 46-2020 dated May 7, 2020; https://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/2020%20RMCs/RMC%20No.%2046-2020.pdf; last visited at 2:42 PM on May 9, 2020.
[36] PAGCOR COVID-19 Update No. 19 dated May 1, 2020; http://www.pagcor.ph/press-releases/pagcor-authorizes-partial-resumption-of-pogo-operations.php; last visited at 4:20 pm on May 10, 2020.
See also Partial resumption of POGO ops allowed in GCQ, ECQ zones: Palace; https://www.pna.gov.ph/articles/1101578; last visited at 5:03 pm on May 10, 2020.
[37] Annex A of BIR RMC No. 46-2020; https://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/2020%20RMCs/RMC%20No.%2046-2020%20Annex%20A.pdf; last visited at 2:43 PM on May 9, 2020.
[38] BSP Memorandum No. M-2020-038 dated May 1, 2020; https://drive.google.com/file/d/1Zh9WYnrbgTXTtYMqVwYUyA1hS0wdVxTS/view; last visited at 6:13 PM on May 7, 2020.
[39] BSP Memorandum No. M-2020-039 dated May 4, 2020; https://drive.google.com/file/d/16Revt89oruyF4RPRjTcUX6SxmpG-7Jwi/view; last visited at 6:15 PM on May 7, 2020.
[40] BSP Memorandum No. M-2020-040 dated May 5, 2020; http://www.bsp.gov.ph/downloads/regulations/attachments/2020/m040.pdf; last visited at 3:15 PM on May 9, 2020.
[41] BSP Circular No. 1086, series of 2020 dated May 6, 2020; http://www.bsp.gov.ph/downloads/regulations/attachments/2020/c1086.pdf; last visited at 3:16 PM on May 9, 2020.
