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Client Update: Philippines 2020 MAY
© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 1
The Revised Omnibus Guidelines on Community Quarantine in the Philippines After the implementation of an Enhanced Community Quarantine (“ECQ”) for two (2) months in Luzon
and other high-risk areas, the Philippine Government has gradually started easing restrictions and has
begun transitioning to the “new normal”. On April 30, 2020, the Philippines President issued Executive
Order No. 112 (“EO No. 112”), which adopted the Inter-Agency Task Force (“IATF”) for the Management
of Emerging Infectious Diseases Resolution No. 30 or the Omnibus Guidelines on the Implementation
of Community Quarantine in the Philippines (“Omnibus Guidelines”) and granted the IATF the authority
to modify the Omnibus Guidelines without need of further approval of the President. On May 15, 2020,
the IATF issued the Revised Omnibus Guidelines on the Implementation of Community Quarantine in
the Philippines (“Revised Omnibus Guidelines”).
Adoption of community quarantine reclassification in certain areas
On May 15, 2020, the IATF issued Resolution No. 37, which reclassified the community quarantine
status of cities and provinces in the Philippines. From May 16 to 31 2020, the following provides the
community quarantine status of various areas in the Philippines:
• ECQ: Cebu City and Mandaue City
• Modified Enhanced Community Quarantine (“MECQ”): Metro Manila, Bataan, Bulacan, Nueva Ecija, Pampanga, Zambales, Angeles City, and Laguna. The implementation of the MECQ in these areas is without prejudice to the declaration of localized ECQ in critical areas.
• GCQ: all other areas Under the Revised Omnibus Guidelines, the following are observed in areas under ECQ, MECQ,
GCQ, and Modified General Community Quarantine (“MGCQ”).
• ECQ - implementation of temporary measures imposing stringent limitations on movement and transportation of people, strict regulation of operating industries, provision of food and essential services, and heightened presence of uniformed personnel to enforce community protocols.
• MECQ - transition phase between ECQ and GCQ. Under the MECQ, temporary measures are relaxed, such as: stringent limiting movement and transportation of people, strict regulation of operating industries, provision of food and essential services, and heightened presence of uniformed personnel to enforce community quarantine protocols become less necessary.
• GCQ - implementation of temporary measures limiting movement and transportation, regulation of operating industries, and presence of uniformed personnel to enforce community quarantine protocols.
Client Update: Philippines 2020 MAY
© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 2
• MGCQ - phase between GCQ and “New Normal”.
Revised Omnibus Guidelines
The following provides a summary of the health protocols and restrictions for different quarantine areas:
ECQ MECQ GCQ MGCQ
Population
and
Movement
Strict home quarantine.
Movement shall be limited to accessing
essential goods and services, and for
work in permitted industries.
Movement shall be
limited to accessing
essential goods
and services, and
for work in
permitted
industries.
All persons are
allowed to be
outside of their
residence.
Mass gatherings
(e.g., movie
screenings,
concerts, sporting
events, religious
gatherings) and
non-essential work
gatherings are
prohibited.
Unauthorized
public gatherings,
non-work essential
or are
entertainment
related are
prohibited.
Religious
gatherings are
highly restricted
and limited to not
more than five (5)
persons, subject to
prescribed
minimum health
standards.
Unauthorized mass
gatherings, non-
work essential or
are entertainment
related are
prohibited.
Religious
gatherings are not
encouraged but in
any case should
not be more than
ten (10) persons.
Public gatherings
and non-essential
work gatherings
shall be allowed but
limited to 50% of
the venue or
seating capacity.
Travel
Public
transportation shall
be suspended,
except
commissioned
shuttle services for
employees of
permitted offices or
Public
transportation shall
be suspended.
Private
transportation (e.g.
company shuttles
and personal
Public
transportation shall
operate at a
reduced
operational and
vehicle capacity.
Public
transportation shall
be allowed to
operate at a
capacity in
accordance with
Department of
Client Update: Philippines 2020 MAY
© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 3
ECQ MECQ GCQ MGCQ
establishments,
point-to-point
transport services
provided by the
government for
healthcare workers
including frontline
and emergency
personnel, are
allowed to operate
at reduced vehicle
capacity.
vehicles) shall be
allowed.
Transportation
guidelines.
Government
Skeleton workforce
unless a different
operational
capacity is
provided.
Skeleton workforce
and alternative
work
arrangements.
Full operational
capacity or under
alternative work
arrangements.
Full operational
capacity.
The Revised Omnibus Guidelines regulates the on-site operational capacity, or the number of employees in the workplace, of various industries. The following tables provides the guidelines for the different quarantine areas. Industries located at ECQ and MECQ areas
FOC- Full operational capacity SWF- Skeleton workforce 50% OC- 50% Operational Capacity
✘- Not allowed to operate on-site
ECQ MECQ
Agencies and instrumentalities of the government, including
government-owned and controlled corporations, as well as
local government units and officials and employees of foreign
diplomatic missions and international organizations accredited
by the Department of Foreign Affairs.
SWF SWF
Agriculture, Forestry, and Fisheries and such other
components of the food value chain.
SWF
Provision of essential goods and services, and activities in the
value chain related to food and medicine production, e.g.:
Public markets, supermarkets, grocery stores, convenience
stores;
Laundry shops;
Water-refilling stations;
SWF
Client Update: Philippines 2020 MAY
© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 4
FOC- Full operational capacity SWF- Skeleton workforce 50% OC- 50% Operational Capacity
✘- Not allowed to operate on-site
ECQ MECQ
Hospitals and medical, dental, and optometry clinics,
pharmacies, and drugstores
Food preparation establishments and dining/ restaurants (for
take-out and delivery services) SWF 50% OC
Establishments involved in the production, manufacturing,
packaging, processing, and distribution of food. 50% OC
Manufacturers of medicines, medical supplies, devices and
equipment, including suppliers of input, packaging, and
distribution.
FOC
Manufacturing and processing plants of basic food products,
medicine and vitamins, medical supplies, devices and
equipment, and essential products such as soaps and
detergents, diapers, feminine hygiene products, toilet papers
and wet wipes, and disinfectants.
SWF
Delivery services transporting food, medicine, or other
essential goods. Delivery of clothing, accessories, hardware,
housewares, school and office supplies, as well as pet food
and other veterinary products.
SWF FOC
Banks, money transfer services, microfinance institutions and
cooperatives, excluding pawnshops not performing money
transfer, and credit cooperatives including armored vehicle
services, if any.
SWF
Capital markets (e.g., Bangko Sentral ng Pilipinas, Securities
and Exchange Commission, Philippine Stock Exchanges,
Philippine Dealing and Exchange Corporation, Philippine
Securities Settlement Corporation, and Philippine Depository
and Trust Corporation).
SWF
Power, energy, water, information technology and
telecommunications supplies and facilities, including waste
disposal services, as well as property management and
building utility services.
SWF
Energy companies, their third-party contractors and service
providers, including employees involved in electric
transmission and distribution, electric power plant and line
maintenance, electricity market and retail suppliers, as well as
those involved in the exploration, operations, trading and
delivery of coal, oil, crude or petroleum and by-products
(gasoline, diesel, liquefied petroleum gas, jet oil, kerosene,
SWF
Client Update: Philippines 2020 MAY
© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 5
FOC- Full operational capacity SWF- Skeleton workforce 50% OC- 50% Operational Capacity
✘- Not allowed to operate on-site
ECQ MECQ
lubricants), including refineries and depots or any kind of fuel
used to produce electricity.
Telecommunications companies, internet service providers,
cable television providers, including those who perform
indirect services (e.g., technical, sales, and other support
personnel, as well as the employees of their third-party
contractors doing sales, installations, maintenance and repair
works).
SWF
Business process outsourcing (“BPO”) establishments and
export-oriented business.
SWF with work-from-home, on-site or near-site accommodation, or point-to-point shuttle services.
FOC without need to set up on-site or near-
site accommodation arrangements.
Airline and aircraft maintenance employees, including pilots
and crew, and ship captains and crew. SWF
Media establishments. 50% OC FOC
Essential projects (e.g., quarantine and isolation facilities,
facilities for the health sector, facilities for construction
personnel who perform emergency works, flood control, and
other disaster risk reduction and rehabilitation works,
sewerage projects, water service facilities projects, and
digital works).
SWF
Priority public infrastructure projects, as well as priority
private construction projects referring to food production,
agriculture, fishery, fishport development, energy, housing,
communication, water utilities, manufacturing and BPO.
Allowed operate in accordance
with Department of Public Works and Highways
(“DPWH”) guidelines.
Allowed operate in
accordance with DPWH guidelines.
Manufacturing companies and suppliers of products
necessary for construction. SWF
Workers accredited by the Department of Transportation to
work on utility relocation works, and specified limited works
across 13 railway projects, including replacement works for
the Manila Metro Rail Transit System Line 3
SWF
Philippine Postal Corporation
Operational capacity
necessary to maintain prompt
FOC
Client Update: Philippines 2020 MAY
© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 6
FOC- Full operational capacity SWF- Skeleton workforce 50% OC- 50% Operational Capacity
✘- Not allowed to operate on-site
ECQ MECQ
delivery of services
Philippine Statistics Authority
Operational capacity necessary to conduct data gather and survey
activities related to COVID-19 and the registration and implementation of the national identification system
Humanitarian assistance personnel from civil society
organizations, non-government organizations, and United
Nations-Humanitarian Country Teams, and individuals
performing relief operations
SWF, but must be authorized by the appropriate government agency
or local government unit
Funeral and embalming services SWF
Pastors, priests, rabbis, imams, or other religious ministers.
Allowed insofar as related to the
conduct of necrological or funeral rites.
Allowed insofar as providing
home religious services to
households.
Veterinary clinics SWF
Security personnel SWF
Production of cement and steel
Not allowed, unless covered
by the guidelines for ECQ.
FOC
Mining and quarrying
Electronic commerce companies
Rental and leasing, other than real estate (e.g. vehicles,
equipment for permitted sectors)
Employment activities (e.g. recruitment and placement for
permitted sectors)
Repair of computers and personal and household goods
Housing service activities
Other manufacturing industries:
• Beverages (including alcoholic drinks)
• Electrical machinery
• Wood products and furniture
• Non-metallic products
• Textiles and clothing / wearing apparels
• Tobacco products
• Paper and paper products
• Rubber and plastic products
• Coke and refined petroleum products
✘ 50% OC
Client Update: Philippines 2020 MAY
© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 7
FOC- Full operational capacity SWF- Skeleton workforce 50% OC- 50% Operational Capacity
✘- Not allowed to operate on-site
ECQ MECQ
• Other non-metallic mineral products
• Computer, electronic and optical products
• Electrical equipment
• Machinery and equipment
• Motor vehicles, trailers, and semi-trailers
• Other transport equipment
• Others
Real estate and leasing activities ✘ 50% OC
Office administrative and office support (e.g. photocopying,
billing) ✘ 50% OC
Other financial services (e.g. money exchange, insurance,
reinsurance, and non- compulsory pension funding) ✘ 50% OC
Legal and accounting ✘ 50% OC
Management consultancy activities ✘ 50% OC
Architecture and engineering activities; technical testing and
analysis ✘ 50% OC
Scientific and research development ✘ 50% OC
Recruitment and placement agencies for overseas
employment 50% OC
Advertising and market research ✘ 50% OC
Computer programming (e.g. writing code, designing
computer systems) and information service activities (e.g. data
processing)
✘ 50% OC
Publishing and printing activities ✘ 50% OC
Film, music, and television production ✘ 50% OC
Photography, fashion, industrial, graphic, and interior design) ✘ 50% OC
Wholesale and retail trade of vehicles (fuel, electric or human
powered) and their parts and components ✘ 50% OC
Repair and maintenance of vehicles (fuel, electric or human
powered) ✘ 50% OC
Malls and commercial centers (non-leisure only) ✘
50% OC, subject to the
guidelines issued by the Department of
Trade and Industry
Hardware stores ✘ 50% OC
Clothing and accessories ✘ 50% OC
Client Update: Philippines 2020 MAY
© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 8
FOC- Full operational capacity SWF- Skeleton workforce 50% OC- 50% Operational Capacity
✘- Not allowed to operate on-site
ECQ MECQ
Bookstores and school and office supplies stores ✘ 50% OC
Baby care supplies stores ✘ 50% OC
Pet food and pet care supplies ✘ 50% OC
Information technology, communications and electronic
equipment ✘ 50% OC
Flower, jewelry, novelty, antique, perfume shops ✘ 50% OC
Toy stores ✘
50% OC (playgrounds
and amusement area shall
remain closed)
Firearms and ammunition trading establishments ✘
50% OC Subject to strict
regulation of the Firearms
and explosives Office
Special purpose accommodation for healthcare workers,
OFWs, workers in permitted sectors, and non-OFWs with
mandated quarantine
Allowed
Gyms/ fitness studios and sports facilities ✘
Entertainment industries (e.g. cinemas, theaters, karaoke
bars, etc.) ✘
Kid amusement industries (e.g. playrooms, rides) ✘
Libraries, archives, museums and cultural centers ✘
Tourist destinations (e.g. water parks, reservation services
and related services) ✘
Personal care services (e.g. massage parlors, sauna, facial
care, waxing etc.) ✘
Industries located at GCQ and MGCQ areas.
FOC- Full operational capacity MOC- Maximum operational capacity 50% OC- 50% Operational Capacity
✘- Not allowed to operate on-site
GCQ MGCQ
Category I
FOC MOC
Client Update: Philippines 2020 MAY
© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 9
FOC- Full operational capacity MOC- Maximum operational capacity 50% OC- 50% Operational Capacity
✘- Not allowed to operate on-site
GCQ MGCQ
• Power, energy, water, and other utilities;
• Agriculture, fishery, and forest industries;
• Food manufacturing and food supply chain businesses, including food retail establishments (e.g. supermarkets, grocery stores) and food preparation establishments insofar as take-out and delivery services, food delivery services;
• Health-related establishments;
• Logistics sectors;
• Information technology and telecommunication companies;
• Media.
Category II
• Mining and other manufacturing, and electronic commerce companies;
• Other delivery, repair and maintenance, and housing and office services.
50% OC up to FOC without prejudice to
work-from-home and other alternative work
arrangements
MOC
Category III
• Financial services
• Legal and accounting, and auditing services, professional services;
• Scientific, technical, and other non-leisure service; and
• Other non-leisure wholesale and retail establishments.
Maximum 50% work-on-site arrangement, and
without prejudice to work-from-home and other alternative work
arrangements
MOC
Barber shops, salons, and other personal care service establishments
shall be allowed to operate at a maximum of
50% venue capacity.
Dine-in service in food retail establishments and
food preparation establishments shall be
allowed to operate provided the seating
capacity may not exceed 50%.
Category IV
✘ 50% OC
Client Update: Philippines 2020 MAY
© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 10
FOC- Full operational capacity MOC- Maximum operational capacity 50% OC- 50% Operational Capacity
✘- Not allowed to operate on-site
GCQ MGCQ
• Amusement, gaming, and fitness establishments, as well as those in the kids and the tourism industries.
Guidelines for Interzonal Movement
The Revised Omnibus Guidelines also provide the rules on interzonal and intrazonal movement.
Interzonal movement refers to the movement of people, goods, and services across areas placed under
different community quarantine classifications. Intrazonal movement pertains to the movement of
people, goods, and services between localities under the same community quarantine classification,
without transiting through an area placed under a different classification.
Movement of the following persons within and across areas placed under any form of community
quarantine shall be permitted:
1. Health and emergency frontline services personnel;
2. Government officials and government frontline personnel;
3. Duly-authorized humanitarian assistance actors;
4. Persons traveling for medical or humanitarian reasons;
5. Persons going to the airport for travel abroad;
6. Returning/ repatriated overseas Filipino workers and other overseas Filipinos returning to their
places of residences; and
7. Other persons transported through the efforts of the national government.
Non-essential entry to or exit from an area placed under ECQ or MECQ shall be prohibited except those
allowed to render work or conduct permitted activities. Movement of persons across areas placed under
GCQ or MGCQ for any purpose other than leisure shall be permitted. Movement to and from an area
placed under GCQ to an area where no community quarantine is in place shall be permitted, except for
purpose of leisure. Movements of persons for any purpose across areas placed under MGCQ and
areas not under any community quarantine shall be permitted.
The movement of all types of cargoes by land, air, or sea within and across areas placed under ECQ or
GCQ shall be unhampered. Workers in the logistics sector, such as cargo, trucking, and port operations
shall be allowed to cross areas placed under ECQ or GCQ, provided, that only a maximum of five (5)
persons may operate cargo and delivery vehicles by land, with or without load.
Client Update: Philippines 2020 MAY
© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 11
Contacts
Ben Dominic R. Yap Partner D +632 8894 0377 to 79 F +632 8552 1978 [email protected]
Jesus Paolo U. Protacio Partner D +632 8894 0377 to 79 F +632 8552 1978 [email protected]
Jess Raymund M. Lopez Partner D +632 8894 0377 to 79 F +632 8552 - 1977 [email protected]
Vladi Miguel S. Lazaro Partner D +632 8894 0377 to 79 F +632 8552 1978 [email protected]
Client Update: Philippines 2020 MAY
© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 12
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in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement
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This Update is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this Update.
Client Update: Philippines 2020 MAY
© Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) | 13
Our Regional Presence
C&G Law is one of the fastest growing, most dynamic and cutting edge firms in Manila today, and is the trusted partner and go-to firm of choice for many local conglomerates, multinational corporations, leading financial institutions, governmental agencies and fast growing organisations in the Philippines. It is also now the firm of choice for the leading lights in the top law schools who are looking to join a firm with pedigree, integrity, uncompromising quality and excellence in service standards. C&G Law is part of Rajah & Tann Asia, a network of local law firms in Singapore, Cambodia, China, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Thailand and Vietnam. Our Asian network also includes regional desks focused on Brunei, Japan and South Asia. The contents of this Update are owned by C&G Law and subject to copyright protection under the laws of the Philippines and, through international treaties, other countries. No part of this Update may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of C&G Law. Please note also that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. It is to your advantage to seek legal advice for your specific situation. In this regard, you may call the lawyer you normally deal with in C&G Law.