Category Archives: Obiter / News

Full List of Emergency Powers Granted to the President under the “Bayanihan to Heal As One Act” (Republic Act No. 11469)

The “Bayanihan to Heal As One Act” (Republic Act No. 11469) grants Emergency Powers to President Rodrigo R. Duterte in order to address the national emergency brought about by the Coronavirus Disease 2019 (COVID-19). Under R.A. 11469 (update: implementing directives), the President shall have the power to adopt the following temporary emergency measures to respond to crisis brought by the pandemic:

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Persons Exempt from the Enhanced Community Quarantine: Consolidated List

Today, 22 March 2012, Cabinet Secretary Karlo Nograles released the salient points of Resolution No. 14 of the Inter-Agency Task Force for the Management of Emerging Disease (IATF). This list of persons exempt from the Enhanced Community Quarantine (but required to wear a face mask) is culled from IATF Resolution Nos. 14 and 13, as well as Memorandum dated 16 March 2020 issued by the Executive Secretary [Update: see Updated list as of 29 April 2020]. 

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Curfew, Home Quarantine Pass and Rapid Containment of Coronavirus Disease 2019 (Covid-19)

There are a number of important issues raised in connection with the government actions to contain the outbreak of Coronavirus Disease 2019 (Covid-19). The recent discussion centers on the issuance of the “Home Quarantine Pass” (designating a single person in each residence allowed to go out and buy basic necessities) and the curfew ordinances issued by a number of cities and municipalities. Let’s start with concepts that we can all agree on.

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Arresting Patients who Lie about Material Travel History, or those who Refuse to Comply with the Quarantine

There are reports that a doctor contracted the Coronavirus 2019 Disease (Covid-19) because a patient lied about her travel history. The doctor subsequently died because of Covid-19. Perhaps it can be argued that the good doctor should have taken the necessary precaution, like wearing personal protective equipment, but that’s not the issue (besides, that is disrespectful to frontliners who risk their life). The question is the legal liability of patients or persons who lie about their travel history, when such information is material during a public health crisis. 

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Anti-Hoarding, Anti-Panic Buying, and Price Freeze (DTI Memorandum Circular Nos. 20-07 and 20-10)

Consumers have resorted to hoarding and panic buying, the Department of Trade and Industry (DTI) observed in its Memorandum Circular No. 20-07 dated 19 March 2020 (Anti-Hoarding and Anti-Panic Buying). The DTI also noted that if this consumer behavior, if allowed to continue, will not only cause more fear and prevent other consumers from purchasing what they need, but they will also cause artificial shortage and cause prices to soar (the DTI issued a Supplemental Anti-Hoarding and Anti-Panic Buying Directive, through Memorandum Circular No. 20-10 dated 31 March 2020, providing for additional vital or essential goods, regardless of brand). The DTI, therefore, decided to issue the Circular for the information and guidance of everyone. Here are the salient points of the Circular.

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Additional Guidelines for the Community Quarantine Over Luzon and Management of Coronavirus Disease 2019 (COVID-2019): Memorandum from the Executive Secretary

[On 18 March 2020, the Executive Secretary issued a Memorandum to amend/modify the previous guidelines on the Luzon-wide Enhanced Community Quarantine to address the Covid-19. The amendments are incorporated in the Primer. The full text of the Memorandum is reproduced below.]

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