22 May 2020
This bulletin to SyCipLaw clients is on the issuances of the Philippine government as of May 13, 2020 about the imposition of a modified enhanced community quarantine (MECQ) over Metro Manila and other high-risk areas in relation to the COVID-19 pandemic.
It sets out a comparison of MECQ to enhanced community quarantine (ECQ) and to general community quarantine. It also lists some of the businesses and industries that are not allowed to operate during ECQ but can operate once MECQ begins on May 16.
This is a briefing on the issuances of the Philippine government as of May 13, 2020 about the imposition of a modified enhanced community quarantine (MECQ) over Metro Manila and other high-risk areas in relation to the COVID-19 pandemic. [1]
During MECQ, more businesses are allowed to operate with 50% of their employees on-site, but since public transportation is still restricted, “frontline workers or those who will return to work in allowed industries under the MECQ will have to take the public shuttle for frontline workers, or companies will have to provide shuttle service." [2] The list of businesses allowed to operate during MECQ is in Part D below.
Government offices will still operate with a skeleton workforce, same as during enhanced community quarantine (ECQ). Each agency may adopt its own alternative work arrangements based on those set out in Civil Service Commission Memorandum Circular No. 10, series of 2020 (Revised Interim Guidelines for Alternative Work Arrangements and Support Mechanisms for Workers in the Government During the Period of State of National Emergency Due to COVID-19 Pandemic) dated May 7, 2020. [3]
A. Areas under MECQ
Inter-Agency Task Force of Emerging Infectious Disease (IATF) Resolution No. 35 dated May 11, 2020 [4] places high-risk local government units (LGUs) (i.e., entire Metro Manila, Laguna, and Cebu City) under MECQ from May 16 until May 31, 2020 “without prejudice to the declaration of localized Enhanced Community Quarantine in critical areas.”
Moderate-risk LGUs “shall be placed under General Community Quarantine (GCQ)” and low-risk LGUs “shall no longer be under community quarantine.” For a full list of LGUs covered by ECQ, MECQ and GCQ, please see https://www.officialgazette.gov.ph/downloads/2020/05may/20200511-IATF-RESOLUTION-NO-35.pdf.
Please note that it has been reported that the Philippine government will amend IATF Resolution No. 35 to indicate that “areas with low risk of coronavirus infection will be placed under “modified general community quarantine” (MGCQ) instead of being totally removed from the lockdown rule starting May 16, 2020." [5]
Part C below contains a comparison of MECQ to ECQ and to GCQ.
B. MECQ Guidelines
On May 13, 2020, during a press briefing, the Presidential Spokesperson presented guidelines for allowable activities and the list of businesses and industries that may operate in areas placed under ECQ, MECQ, and GCQ. A copy of the guidelines has yet to be posted by the IATF. However, the guidelines have been reported in the press, and one of the news reports can be accessed at https://news.mb.com.ph/2020/05/13/public-transport-salons-still-not-allowed-under-mecq/.
The IATF requires strict compliance with minimum safety standards and protocols (e.g., wearing of face masks, frequent sanitation and handwashing, and implementation of safe distancing measures) in all areas of the country regardless of the kind of community quarantine imposed.
Aside from providing means of transportation to their employees, private companies that are allowed to operate also have to conduct “antibody testing and confirmatory [polymerase chain reaction].” These are part of return-to-work protocols under the MECQ guidelines.
C. Comparison of MECQ, ECQ, GCQ
The table below sets out some of the differences between ECQ, MECQ, and GCQ. It is based on news reports (https://newsinfo.inquirer.net/1273571/fwd-list-difference-between-ecq-modified-ecq-gcq and https://www.rappler.com/newsbreak/iq/260650-explainer-what-is-modified-ecq-gcq*) on the IATF’s transition guidelines that were presented by the Presidential Spokesperson during the May 13, 2020 press briefing.
|
Activities or Sectors**
|
ECQ | MECQ | GCQ |
|---|---|---|---|
|
Population |
100% stay at home |
100% stay at home |
Stay at home:
|
| Mass Gathering |
Not allowed |
Highly restricted (5 maximum)
|
Restricted (e.g., max 10) |
| Travel | – No public transport
– Flights: No domestic, limited international |
– No public transport
– Flights: No domestic, limited international – Controlled inbound travel (OFWs/returning Filipinos) – Biking and non-motorized transport encouraged – No inter-island travel |
– Public transport allowed with strict social distancing
– Inter-island travel from GCQ to GCQ is allowed, with safety protocols |
| Government |
[Skeleton workforce on-site]*** Others work from home
|
[Skeleton workforce on-site]*** Others work from home
|
Alternative work arrangements (e.g., 40 hours, 4-day work week)
|
* Edited as of 8 AM, May 14. The information in this Part B was also from the news report posted at https://www.rappler.com/newsbreak/iq/260650-explainer-what-is-modified-ecq-gcq. However, the link to this report was not added in the earlier version we circulated. We apologise for the oversight.
** This table is a partial reproduction a slide in the presentation of the Presidential Spokesperson as posted on https://www.rappler.com/newsbreak/iq/260650-explainer-what-is-modified-ecq-gcq.
*** The slide uses "skeletal workforce onsite."
D. Businesses Allowed to Operate During MECQ
The table below sets out some of the businesses and industries that are not allowed to operate during ECQ but can operate once MECQ begins on May 16. It is based on a news report (https://newsinfo.inquirer.net/1274336/fwd-list-businesses-allowed-to-resume-operations-in-mecq-areas) on the IATF’s transition guidelines that were presented by the Presidential Spokesperson during the May 13, 2020 press briefing.
Please note that the businesses and industries listed below are “[p]artially allowed to operate during MECQ” in that no more than 50% of their employees can work on-site, and at least 50% have to work from home.
|
Type of Business |
Category under IATF Guidelines |
|
Manufacturing of any of the following: Beverages (e.g., alcoholic drinks)
|
II |
|
Public and private construction projects that are– Essential (e.g., sewerage, water services facilities, digital works, health facilities) Priority (e.g., food production, agriculture, energy, housing, communication, water utilities, manufacturing, and BPO)
|
II |
|
Legal and accounting
|
II |
|
Office administrative and office support (e.g., photocopying, billing)
|
II |
|
Other financial services (e.g., money exchange, insurance, reinsurance, and non-compulsory pension funding)
|
II |
|
Management consultancy activities
|
II |
|
Architecture and engineering activities Technical testing and analysis
|
II |
|
Advertising and market research
|
III |
|
Computer programming (e.g., writing code, designing computer systems) and information service activities (e.g., data processing)
|
III |
|
Publishing and printing activities (e.g., newspapers, books, etc; printing on textiles, glass, etc.)
|
III |
|
Film, music and TV production
|
III |
|
Wholesale and retail trade of motor vehicles (e.g., motorcycles and bicycles, including their parts and components)
|
III |
|
Repair of motor vehicles, motorcycles, and bicycles (including vulcanizing, shops, battery repair shops, auto repair shops)
|
III |
|
Malls and commercial centers (non-leisure only)
|
III |
|
Bookstores and school and office supplies stores
|
III |
Category I businesses and industries (essential services such as hospitals, public utilities, logistics services) can operate under any quarantine system (ECQ, MECQ, GCQ) imposed.
BPOs (Category II) which can operate during ECQ provided that they comply with certain requirements (e.g., their employees working on site are given accommodations and private shuttle services while the rest work from home) will continue to be subject to these requirements during MECQ and GCQ.
Category IV businesses and industries (such as travel agencies, sports facilities, cinemas) are not allowed to operate under any quarantine system imposed.
“Cement and steel,” a Category II business, is allowed to “partially operate” during ECQ but during MECQ, it is “allowed [to operate] with safety protocols.”
The businesses which are allowed to operate during ECQ with no more than 50% of workers on site and which are still subject to this limitation during MECQ include real estate services, funeral services, veterinary clinics, security and investigation activities.
“Dining/Restaurants (take-out and delivery only)” can only “partially operate” under any quarantine system.
Please note that the government is expected to issue more MECQ guidelines or clarifications. This is a developing matter.
If you need more information on the MECQ guidelines, please contact your account partner.
For further information, please contact:
John Christian Joy A. Regalado, Partner, SyCip Salazar Hernandez & Gatmaitan
[1] NOTE: Metro Manila and other high-risk areas are under Enhanced Community Quarantine until May 15. Please see our bulletin on this dated April 26, 2020 at https://us5.campaign-archive.com/?u=7487080697dfcf9da2744850e&id=b7dd64146b.
[2] Palace Releases MECQ Details, Presidential Communications Operations Office; https://pcoo.gov.ph/news_releases/palace-releases-mecq-details/; last visited at 10:14 PM on May 13, 2020.
[3] CSC Memorandum Circular No. 10, series of 2020 dated May 7, 2020; http://www.csc.gov.ph/phocadownload/MC2020/MC%20No.%2010,%20s.%202020.pdf; last visited at 9:33 PM on May 13, 2020.
[4] Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) Resolution No. 35 dated May 11, 2020; https://www.officialgazette.gov.ph/downloads/2020/05may/20200511-IATF-RESOLUTION-NO-35.pdf; last visited at 2:22 PM on May 13, 2020.
[5] COVID-19 task force backtracks, places low-risk areas under modified CGQ, CNN Philippines; https://cnnphilippines.com/news/2020/5/13/MGCQ-Modified-general-community-quarantine-areas.html; last visited at 10:44 PM on May 13, 2020.
