Legal Heads Up
On 02 July 2020, IATF approved the Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines (Omnibus Guidelines), as amended by IATF-MEID Resolution Nos. 43, 46, 51, 56, 57, and 60 series of 2020 dated 03 June 2020, 15 June 2020, 02 July 2020, 16 July 2020, 22 July 2020, and 30 July 2020, respectively, which shall be applied to all regions, provinces, cities, municipalities and barangays placed under community quarantine.
Under the Omnibus Guidelines, the employees of the following establishments may go out of their homes:
The foregoing lists of sectors and industries per category are illustrative. Specific industries under each category are reflected in a separate document issued by the DTI which shall contain the updated guidelines to implement the gradual increase of operational capacity without diminution of the current operational capacity previously allowed. This is without prejudice to the authority of the DTI to recategorize Category IV industries.
Beginning 21 July 2020, the operating capacity of restaurants and fastfood businesses for areas under GCQ shall be at a maximum of fifty percent (50%) of their dine-in services, subject to strict compliance with social distancing protocols. All food and retail businesses shall be allowed to operate until 11:00 pm and food delivery services up to 1:00 am. (DTI Memorandum Circular No. 20-39 dated 17 July 2020, as amended by Memorandum Circular No. 20-44 dated 31 July 2020)
On 31 July 2020, DTI issued Memorandum Circular No. 20-44 recategorizing the following business activities from Category IV to Category III, and allowing reopening beginning 01 August 2020 at 30 percent (30%) operation capacity, subject to mandatory minimum health standards protocols and respective protocols per business establishment and activities:
Beginning 01 August 2020, barbershops and salons in areas declared under GCQ are allowed to offer all hair, nail and skin services, except full body massage, subject to the same operational capacity and subject to further strict protocol on hand sanitation, face mask and face shields, gloves and sterilized equipment. (Memorandum Circular No. 20-44)
4. For Areas under Modified General Community Quarantine (MGCQ):
Except as otherwise provided below, all permitted establishments and activities under Category I, II and III of Industries allowed under GCQ and in pertinent Sections of the Omnibus Guidelines shall be allowed to operate or be undertaken at full operational capacity:
Beginning 21 July 2020, the operating capacity of restaurants and fastfood businesses for areas under MGCQ shall be at a maximum of seventy-five percent (75%) of their dine-in services, subject to strict compliance with social distancing protocols. All restaurants and fastfood businesses shall be allowed to operate until 11:00 pm. (DTI Memorandum Circular No. 20-39 dated 17 July 2020)
Law enforcement agencies shall recognize any of the following IDs: (i) IATF IDs issued by the regulatory agencies with jurisdiction over permitted establishments or persons, (ii) Bona fide IDs issued by establishments exempted from the strict home quarantine requirement, or (iii) RapidPass IDs. No other IDs or passes specifically exempting persons from community quarantine shall be required of workers of permitted establishments and/or offices without prejudice to requiring the presentation of other documents establishing the nature of their work, and (iv) Integrated Bar of the Philippines ID for lawyers who will provide legal representation necessary to protect rights of persons under custodial investigation, to bail and to counsel during inquest proceedings. (as amended by IATF-MEID Resolution No. 46)
On 31 May 2020, DILG announced that the quarantine passes will no longer be required in areas under GCQ unless LGUs require it in critical and buffer zones or when required by local conditions. Those who need to cross to another province, however, are required to secure travel passes except for work-related undertakings. . (DILG: Quarantine passes no longer needed by June 1 unless required by LGUs in specific locations; travel pass to provinces and curfew remains, 31 May 2020)
Casinos and gambling places shall not be allowed to operate. On 01 May 2020, PAGCOR allowed partial resumption of POGO operations up to a maximum of 30% of its workforce after fulfilling requirements such as BIR clearance and PAGCOR clearance.[1]
Under the Omnibus Guidelines, hotels or other similar establishments accommodating the following are allowed to operate:
Hotel operations may operate only upon the issuance of a Certificate of Authority to operate by the DOT and shall be limited to provision of basic accommodation services to guests through an in-house skeleton workforce, disallow operations and provision of room service of ancillary establishments within the premises such as restaurants, cafes, bars, gyms and spas, and allow preparation of packed meals for distribution to guests and food orders for take-out and delivery. (As amended by IATF-MEID Resolution No. 43)
Mass Public Transportation
Under the Omnibus Guidelines, the following forms of transportation shall be allowed:
Flow of Goods
LGUs and local health units are enjoined not to issue orders that run counter to the directive allowing the unhampered movement of all cargoes, such as requiring asymptomatic drivers and crews of cargo or service delivery vehicles to undergo mandatory fourteen (14)-day home quarantine. Provided, that strict social distancing measures must be observed and that PNP may conduct inspection procedures in checkpoints for purpose of ensuring that protocols on strict home quarantine are observed,
Employees in the private sector
Companies are encouraged to process payrolls online. For those who cannot, payroll managers, and such other employees that may be required to process payrolls and print payrolls shall be allowed to travel and operate during the periods of ECQ and MECQ.
Employees in the government sector
Under the Omnibus Guidelines:
All Courts and offices of the courts nationwide beginning 01 June 2020 shall be in full operation from 8:00 a.m. to 4:30 p.m. in the National Capital Judicial Region, and from 8:00 a.m. to 5:00 p.m. in Regions 1 to 12, Monday to Friday. The night courts and Saturday courts shall remain suspended. Considering that mass transportation is not yet in full operation, the courts and offices of the courts may continue to function at work with a skeleton-staff, if necessary, to be determined by the Chief Justice, Associate Justices, Presiding Justices, Executive Judges, Presiding Judges and Chiefs of Offices, as the case may be. (SC Administrative No. 41-2020 dated 29 May 2020)]
In view of the imposition of MECQ in Metro Manila, Cavite, Rizal, Bulacan and Laguna from 04 August to 18 August 2020, all courts in the National Capital Judicial Region and those areas under ECQ or MECQ shall be physically closed to all court users and shall only be reached through their respective hotline numbers, email addresses and/or Facebook accounts as posted on the website of the Supreme Court. (SC Administrative Circular No. 43-2020 dated 02 August 2020 and SC Administrative Circular No. 43A-2020 dated 03 August 2020)
The movement of the following persons within and across areas placed under any form of community quarantine shall be permitted:
Travel in and out of the Philippines
Under IATF-MEID Resolution No. 57 dated 21 July 2020, as amended by IATF, the essential outbound travel of Filipinos shall be subject to the following conditions:
All the foregoing is without prejudice to the exercise of the mandate of the Bureau of Immigration prior to departure.
OFWs, students enrolled abroad and participants accepted in exchange visitor programs, permanent residents of foreign jurisdictions, and stranded foreign nationals, or those leaving for medical and other humanitarian reasons may leave for abroad through any of the airports or seaports in the country. Essential travel of Filipinos leaving for abroad for business and work, medical, emergency, and other humanitarian reasons, and which cannot be postponed, subject to presentation of sufficient supporting documents including the execution of Declaration acknowledging the risks involved in travelling, including risk of delay in their return trip, to be provided for in the check-in counters by the airlines, and observance of Guidelines of Returning Overseas Filipinos of the National Task Force. (IATF-MEID Resolution No. 57 dated 21 July 2020).
Beginning 01 August 2020, foreign nationals with long-term visas (immigrant visas under Sec. 13 of CA 613; RA 7919 and EO 324, including native-born foreign nationals) shall be allowed entry in the Philippines while maintaining the priority of returning OFWs subject to the following conditions:
Foreign spouses, minor children including children with special needs regardless of age, of Filipino nationals as well foreign parents of minor Filipino nationals including children with special needs regardless of age, are exempted from the visa-issuance suspension provided they secure or possess the appropriate visas. (IATF-MEID Resolution No. 60 dated 30 July 2020). In a press release last 08 August 2020, BI clarified that foreign spouses of Filipinos must secure entry visas from Philippine Consulates abroad before travelling to the Philippines. Otherwise, they will be denied entry by immigration officers and sent back to their ports of origin. The BI likewise clarified that the visa requirement only applies to foreign spouses, dependents and parents of Filipinos who do not have existing visas and those who already hold valid permanent and temporary resident visas acquired by reason of marriage to Filipinos under Section 13(a) of the Philippine Immigration Act can enter the country anytime. (Alien Spouses of Pinoys need visas to enter PH, BI Press Release, 08 August 2020)
In a press release last 07 August 2020, the BI announced that the government has not imposed additional restrictions or revised its guidelines on international travel despite the re-imposition of MECQ in Metro Manila and other areas in the country. (No Additional International Travel Restrictions under MECQ, BI Press Release, 07 August 2020)
Click here to read the Luzon Enhanced Community Quarantine Basic Do’s and Don’ts Bulletin No. 1. If you wish to know more about the conditions for exemptions, you may email us, and we shall respond as we work from home in observance of the Enhanced Community Quarantine.
When in doubt, we advise you to stay home until the quarantine is lifted, for your and everyone’s safety.
[1] DILG: Quarantine passes no longer needed by June 1 unless required by LGUs in specific locations; travel pass to provinces and curfew remains, 31 May 2020.
[2] PAL, AirAsia prepare for resumption of flights in June, 29 May 2020.
[1] Partial resumption of POGO ops allowed in GCQ, ECQ zones: Palace, 01 May 2020.
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