[JMC 2-2020 was issued by the Philippine National Police (PNP), Department of Interior and Local Government (DILG), Department of Budget and Management (DBM), Department of Labor and Employment (DOLE), Department of Social Welfare and Development (DWSD), Department of Agriculture (DA), Department of Trade and Industry (DTI), Department of Finance (DOF), Department of National Defense (DND), Armed Forces of the Philippines (AFP). See Summary. The full text of JMC 2-2020 is reproduced below.]
JOINT MEMORANDUM CIRCULAR NO. 2
SERIES OF 2020
JOINT IMPLEMENTING GUIDELINES FOR THE IMPLEMENTATION OF THE SOCIAL AMELIORATION PROGRAM FOR THE SECOND (2ND) TRANCHE
Republic Act (R.A.) No. 11469, otherwise known as the “Bayanihan To Heal As One Act” mandated the provision of an emergency subsidy to around eighteen (18) million low income families, and to an estimate of not exceeding five (5) million eligible families which were not included in the initial family-beneficiaries, pursuant to the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID) Resolution No. 31, series of 2020, which shall amount to a minimum of Five thousand pesos (P5,000.00) to a maximum of Eight thousand pesos (P8,000.00) a month for two (2) months.
Following the passage of the aforesaid law and the issuance of IATF Sub-Technical Working Group (Sub-TWG) on Social Amelioration Joint Memorandum Circular (JMC) No. 1, series of 2020, or the “Special Guidelines on the Provision of Social Amelioration Measures xxx”, an intensified government response is adopted whereby the concerned national government agencies will provide emergency subsidy to poor and low-income families in the form of Social Amelioration Programs (SAP). In relation thereto, the Department of Social Welfare and Development (DSWD), Department of Labor and Employment (DOLE) and the Department of Agriculture (DA) issued their respective circulars for the implementation of the first (1st) tranche SAP nationwide.
On May 12, 2020, President Rodrigo Roa Duterte on his speech during the Talk to the People’ announced that the chief implementers in the distribution of the 2nd tranche are now the DSWD, Armed Forces of the Philippines (AFP) and Philippine National Police (PNP). The AFP and PNP will act as support to the DSWD, and will primarily provide assistance in the orderly implementation of the SAP for the 2nd tranche.
Further to the speech, the President enjoined the DSWD to undertake the following matters:
1. Lead the distribution of the 2nd tranche of the SAP;
2. Seek the assistance of the AFP, particularly female soldiers, in the distribution of the cash subsidy;
3. Jointly implement with the AFP, the guidelines in order to ensure the safety of the staff and soldiers who will aid in the distribution of the SAP, subject to relevant laws, rules, and regulations.
In light of the foregoing, a Joint Memorandum Circular (JMC) that will apply a whole of-the-nation approach by involving joint forces from various government agencies and stakeholders, such as the AFP, PNP, and the local government units (LGUS), shall be the binding force in the realization of the goal to complete the distribution of emergency subsidy for the 2nd tranche.
II. PURPOSE AND COVERAGE
This JMC shall be the general guidelines of the DSWD, Department of National Defense (DND), AFP, PNP, Department of Labor and Employment (DOLE), Department of Trade and Industry (DTI), Department of Agriculture (DA), Department of Finance (DOF), Department of Budget Management (DBM) and Department of the Interior and Local Government (DILG) in the implementation of the SAP for the 2nd tranche.
In line with the directive of the President embodied in the Memorandum from the Executive Secretary dated 22 May 2020, the SAP for the 2nd tranche will be provided to the family-beneficiaries of the first tranche that are still under enhanced community quarantine (ECQ), such as:
a. Per Executive Order No. 112, series of 2020: (i) National Capital Region; (ii) Region III, except Aurora; (iii) Region IV-A; (iv) Benguet; (v) Pangasinan; (vi) lloilo; (vii) Cebu Province; (viii) Bacolod; and (ix) Davao City; and
b. Per Memorandum from the Office of the Executive Secretary dated 02 May 2020: (i) Albay Province; and (ii) Zamboanga City.
In addition, 5 million waitlisted family-beneficiaries shall also be provided with emergency subsidy, subject to the limitations under the Memorandum from the Office of the Executive Secretary dated 22 May 2020 cited above, as appreciated by the IATF-EID. to wit
a. Only the 3.5 million additional beneficiaries who are under ECQ-as applied in this JMC – will be given two (2) counts of emergency subsidy
b. The remaining additional beneficiaries will be given only one (1) count of emergency subsidy.
The mechanics and specific coverage of the second tranche shall be determined by the specific guidelines of the concerned agencies directed to conduct the distribution in this regard, the DSWD shall issue the appropriate guidelines for the benefit of the public.
The wage subsidy through the Department of Finance (DOF), Social Security System (SSS), and the Bureau of Internal Revenue (BIR), known as the Small Business Wage Subsidy (SBWS) program shall continue to be implemented in accordance with the DOF-SSS-BIR JMC No. 001-2020 or the “Guidelines for the Availment of the Small Business Wage Subsidy Measure”: Provided, that there will be no duplication of assistance under the SAP.
III. LEGAL BASES
A. Sections 4, 5, 9, and 15 of Article ll of the 1987 Constitution.
B. Section 11 and 12 of Article XIII, of the 1987 Constitution.
C. Section 4, Article XV, 1987 Constitution.
D. Republic Act No. 10121 or the Philippine Disaster Risk Reduction and Management Act of 2010.
E. Republic Act No. 11469 or the ‘Bayanihan to Heal as One Act”.
F. Inter-Agency Task Force Resolution No. 16, Series of 2020.
G. Inter-Agency Task Force Resolution No. 31, Series of 2020.
H. Presidential Proclamation No. 922, Declaring A State of Public Health Emergency Throughout the Philippines.
I. Item 8 of Inter-Agency Task Force Enhanced Community Quarantine Operational Guidelines.
J. Office of the President, Memorandum from the Executive Secretary dated 22 May 2020, Inclusion of Additional Households as Beneficiaries of the Social Amelioration Program and the Reconfiguration of the budget for the Second Tranche;
IV. EMERGENCY SUBSIDY UNDER REPUBLIC ACT NO. 11469
The emergency subsidy shall amount to a minimum of Five Thousand Pesos (P5,000.00) to a maximum of Eight Thousand Pesos (P8,000.00) a month for two (2) months, based on the prevailing regional minimum wage rates, taking into account the subsidy amount given under the DSWD’s Conditional Cash Transfer program and the rice subsidy program.
The Emergency Subsidy Program (ESP) is implemented through the SAP of the DSWD. DOLE. DA DTI, as enumerated in Section 7 of JMC No. 01, series of 2020 while the SBWS is Implemented through SSS-DOF-BIR JMC No. 01-2020. Provided. that there should be no duplication in the provision of assistance under the SAP and SBWS.
A. Emergency Subsidy for Beneficiaries of the Pantawid Pamilyang Pilipino Program (4Ps)
In accordance with R.A. No. 11469, 4Ps families shall receive their regular grants, which is at an average of P1,350.00 per family. The amount of One Thousand Three Hundred Fifty Pesos (P1,350.00) regular and applicable 4Ps cash grant, or the combination of the Seven Hundred Fifty Pesos (P750.00) Health and Nutrition Grant and Six Hundred Pesos (P600.00) Rice Subsidy, is considered part of the computation in determining maximum regional emergency subsidy.
In this regard, the national government will augment the CCT and rice subsidy with additional amounts to reach the mandated P5,000.00 to P8,000.00, based on the regional maximum subsidy as shown in Table 1.
B. Regional Emergency Subsidy
1. DSWD Regional Emergency Subsidy. Based on the proportion of the regional minimum wage rates, the following table gives the regional maximum subsidy:
Maximum Regional Emergency Subsidy
|Region||Daily minimum wage in pesos||Subsidy amount in pesos per month||ESP given to families with members of 4Ps|
|NCR||PHP 537.00||PHP 8,000.00||PHP 6,650.00|
|CAR||PHP 350.00||PHP 5,500.00||PHP 4,150.00|
|I||PHP 340.00||PHP 5,500.00||PHP 4,150.00|
|II||PHP 370.00||PHP 5,500.00||PHP 4,150.00|
|III||PHP 420.00||PHP 6,500.00||PHP 5,150.00|
|IV-A||PHP 400.00||PHP 6,500.00||PHP 5,150.00|
|IV-B||PHP 320.00||PHP 5,000.00||PHP 3,060.00|
|V||PHP 310.00||PHP 5,000.00||PHP 3,650.00|
|VI||PHP 395.00||PHP 6,000.00||PHP 4,650.00|
|VII||PHP 404.00||PHP 6,000.00||PHP 4,650.00|
|VIII||PHP 315.00||PHP 5,000.00||PHP 3,650.00|
|IX||PHP 316.00||PHP 5,000.00||PHP 3,650.00|
|X||PHP 365.00||PHP 6,000.00||PHP 4,650.00|
|XI||PHP 396.00||PHP 6,000.00||PHP 4,650.00|
|XII||PHP 326.00||PHP 5,000.00||PHP 3,650.00|
|CARAGA||PHP 320.00||PHP 5,000.00||PHP 3,650.00|
|ARMM||PHP 325.00||PHP 5,000.00||PHP 3,650.00|
2. SMALL BUSINESS WAGE SUBSIDY PROGRAM. The SBWS shall be based on the schedule provided in DOF-SSS-BIR JMC NO. 001-2020.
C. Limitations on the Provision of Emergency Subsidy
1. The determination of entitlement of a family to the emergency subsidy for the second tranche shall be strictly in accordance with the guidelines of each agency implementing the SAP, without prejudice to the privilege to claim the variance of the received subsidy from another agency or through another program, as stated herein.
2. A family cannot receive a total amount more than the regional maximum emergency subsidy in a month, and cannot exceed the total amount for two (2) months. Any amount received by an individual member of the family shall be included in the computation of the total amount.
3. The second tranche of the DSWD-SAP shall be given only to those beneficiaries identified by the LGUs during the first tranche including the list(s) of additional or waitlisted beneficiaries that are validated in terms of eligibility by the LGUs and duplication of grants by the DSWD.
4. The beneficiaries identified and paid by the DA as part of its SAP shall receive the remaining balance from the DSWD. The remaining balance/ variance in the regional subsidy of the first tranche received shall be given (jointly or separately) with the second tranche of emergency subsidy. Provided that, only identified beneficiaries of the DA in ECQ areas as enumerated in this Circular shall be entitled to the second tranche of emergency subsidy.
5. The beneficiaries of Tulong Panghanapbuhay para sa Displaced/ Disadvantaged Workers (TUPAD) Program #Barangay Ko, Bahay Ko (#BKBK) Disinfection/Sanitation Project, shall be eligible to receive the top up assistance from the DSWD which shall not exceed the prescribed threshold per household as stipulated in JMC No. 1, Series of 2020. The remaining balance/variance in the regional subsidy of the first tranche received shall be given (jointly or separately) with the second tranche of emergency subsidy.
6. Beneficiaries under DOLE’S COVID-19 Adjustment Measure Program (CAMP) Grant in the first tranche, who received a one-time assistance amounting to P5,000, may be eligible under the SBWS of the SSS for the second tranche. However, the wage subsidy for the second tranche shall be the net of any amount received from said programs and shall be subject to the conditions of the SSS-DOF-BIR JMC NO. 001-2020.
(for beneficiaries in NCR)
|Maximum Regional Subsidy||8,000.00|
|LESS: DA / DOLE Emergency Subsidy||5,000.00|
|First Tranche (Variance) Amount Received||3,000.00|
|ADD: Second Tranche Maximum Regional Subsidy||8,000.00|
|Total Subsidy Received||11,000.00|
D. Mode of Payment
The agencies shall resort to the most expeditious means available in order to fast track the distribution of the SAP.
Given the volume of target beneficiaries, the DSWD shall distribute the assistance through a combination of the following schemes:
(a) Direct cash distribution; or
(b) Electronic distribution, such as bank-to-bank transfer, digital wallets/cards, or money transfer conduits.
V. TARGET BENEFICIARIES
A. DSWD Beneficiaries
Consistent with R.A. No. 31469, the DSWD shall cater to low-income families, with no income or savings to draw from and shall include families who are working in the informal economies or those whose family member/s belong to the vulnerable groups, as elucidated in the various Memorandum Circulars of the DSWD, specifically Memorandum Circular Nos. 09 and 14, Series of 2020. Provided that the qualification shall be per family and not per individual.
The DSWD-SAP shall be given per family in a house or residence, within the locality where they are residing at the time of the implementation of the program.
For this purpose, the LGUs shall submit to the DSWD the lists of families that shall consist of the beneficiaries paid for the first tranche and the additional beneficiaries that are eligible based on their assessment. The list/s of eligible beneficiaries from the LGUs shall undergo deduplication processes at the DSWD to produce the final list of DSWD beneficiaries.
B. AMENDMENT TO JMC NO. 1
As provided under Item (5), sub-item (184.108.40.206) of the Joint Memorandum Circular No. 1, part of target beneficiaries of the Social Amelioration Program are those included in the informal economy, such as those who are categorized as “Drivers of Pedicab, Tricycle, PUJS, UVs, PUBs, Taxi, Transport Network Vehicle Service (TNVS) and Transport Network Companies (TNC)”.
As a point of clarification, beneficiaries who belong to this category are qualified as long as they can submit a proof that they are registered drivers, thus, the list from the Land Transportation Franchising and Regulatory Board (LTFRB) will be accepted. Item (5), sub-item (220.127.116.11) is hereby amended as follows:
“Drivers of Pedicab, Tricycle, PUJS, UVs, PUBs, Taxi, Transport Network Vehicle Service (TNVS) and Transport Network Companies (TNC) – Persons driving a pedicab, tricycle, or a public utility jeepney/van/taxi/bus, TNVS or TNC (e.g. Angkas and Joyride drivers);”
This specific amendment takes effect retroactively and shall benefit those provided with SAP in the first tranche such that, said drivers are qualified considered without need of providing any proof that their income is solely dependent on driving.
The crossmatching of databases of all agencies that implemented SAP during the first tranche shall be employed by the DSWD to resolve the issue of duplication of assistance and enable it to produce the final list of beneficiaries that will be covered by the second tranche of the emergency subsidy. A data sharing agreement shall be established subject to the Data Privacy Act.
In determining duplication, an individual member of a family who received an emergency subsidy shall be considered to be receiving for his/her family despite the fact that they are physically separated from each other.
VII. ROLES AND RESPONSIBILITIES OF OTHER AGENCIES
As the lead implementing agency in the distribution of the emergency subsidy, the Department shall:
1. Produce the final list of DSWD beneficiaries that will be covered by this JMC, after it conducted deduplication processes;
2. Manage and conduct the distribution of the emergency subsidy within ten (10) calendar days, and within fifteen (15) calendar days, for families in Geographically Isolated and Disadvantaged Areas (GIDA) and Conflict Affected Areas (CAAs), from the production of the final list with the composite team, composed of representatives from the AFP, PNP, and LGU;
3. Ensure the delivery of assistance to the beneficiaries based on the payroll of eligible beneficiaries located;
4. Take full responsibility in the proper disposition/disbursement of funds in accordance with existing accounting and auditing rules and regulations imposed by the Commission on Audit (COA);
5. Facilitate the transfer of funds to partner national government agencies or private entities, as the case may be, within twenty-four (24) hours from the completion of the deduplication and final list of the beneficiaries, subject to relevant COA circulars;
6. Monitor the actual distribution of the emergency subsidy and the facilitation of funds;
7. Evaluate whether the actual distribution of the emergency subsidy and facilitation of funds are meeting the program’s targets and objectives; and
8. Perform other functions or activities consistent with the provisions of this Circular.
B. DND through the AFP
The AFP shall provide assistance to partner agencies and actively participate in terms of the following:
1. Shall take the lead, in terms of security and coordination with the LGUs in relation with the operationalization of the distribution of the emergency subsidy in identified CAAs and some GIDAS, with proper coordination with the PNP;
2. Designate dedicated personnel who will be responsible in carrying out this agreement, and representatives who will coordinate and engage with the DSWD;
3. Render full support and assistance in terms of technical, administrative and logistical assistance, within the limits of its capabilities and resources;
4. Assist in the actual distribution/handling of funds, as may be necessary, in identified CAAs and some GIDAs in cooperation with the DSWD SDOs who shall make the appropriate disbursement reports;
5. Provide security assistance to the DSWD personnel who responds to grievances, including public turmoil and irregularities, during the implementation of the SAP; and
6. Perform other functions or activities consistent with the provisions of this Circular.
C. DILG through the PNP
The PNP shall provide assistance to partner agencies and actively participate in terms of the following:
1. Shall take the lead, in terms of security and coordination with the LGUS in relation with the operationalization of the distribution of the emergency subsidy in identified GIDAs and LGUs with reported cases of anomalies and irregularities during the first tranche, with proper coordination with the AFP;
2. Designate dedicated personnel who will be responsible in carrying out this agreement, and representatives who will coordinate and engage with the DSWD counterparts;
3. Immediately conduct Investigation on the reported cases of anomalies of grail and corruption Insofar as the second tranche of the SAP payouts Is concerned, through the Criminal Investigation and Detection Group:
4. Render full support and assistance in terms of technical, administrative and logistical assistance within the limits of Its capabilities and resources;
5. Assist in the actual distribution/handling of funds, as may be necessary in identified GIDAs, in cooperation with the DSWD SDOs who shall mako the appropriate disbursement reports, with proper coordination with the AFP;
6. Provide security assistance to the DSWD personnel who responds to grievances, including public turmoil and irregularities, during the implementation of the SAP; and
7. Perform other functions or activities consistent with the provisions of this Circular
D. DILG through the Local Government Units
The LGUs shall provide assistance to the partner agencies and actively participate in terms of the following:
1. Provide the DSWD with the list of beneficiaries:
a. paid for the first tranche supported by signed barangay council resolution; and
b. additional beneficiaries, certified by the Local Social Welfare and Development Officer (LSWDO) and the Local Chief Executive (LCE) concerned.
Without prejudice to the submission of liquidation reports, the necessary documents shall include the corresponding accomplished and encoded SAC forms of the beneficiaries along with the list/s.
2. Assist the beneficiaries in ReliefAgad Registration;
3. Assist the DSWD, through the LSWDO or any other personnel that may be assigned by the LCE, in the distribution of the Emergency Subsidy;
4. Identify and prepare the venue where the payout will be conducted taking into consideration the minimum health standards set by the IATF and if needed, provide the necessary shuttle services, assistance and logistical support to the DSWD and the beneficiaries especially those belonging to the vulnerable sector;
5. Post in all LGU official websites, social media accounts. and at conspicuous places the list of beneficiaries who already received the emergency subsidy limited to the following information: (a) given and last names of the registered head of family; and (b) barangay and district: and
6. Perform other functions or activities consistent with the provisions of this Circular.
VIII. REFUND OF SUBSIDIES
In observance of the limitations explained in Item IV (C) of this Circular, any person or family who knowingly or unknowingly, or is found upon deduplication, to have received emergency subsidy from multiple sources (agencies), shall be required to refund to DSWD the excess subsidy he/she or the family is not entitled to receive.
IX. GROUND MONITORING
Complaints or grievances in the implementation of the SAP may be coursed through the following:
a) Letters to the concerned Department
b) Social media messaging
c) 1349 Hotline for concerns regarding TUPAD and CAMP
d) 16545 Hotline, 09474822864, 09162471194 and 09329333251; 09189122813 (text only) and e-mail: firstname.lastname@example.org for concerns regarding AICS, LAG and FNI distribution
e) 02-8876-3454 loc. 8806/8810, 02-8925-0343, 09274226300, 09150054535, 099613849272 and 096177216681 for concerns regarding DILG LGU monitoring
f) 8888 for miscellaneous concerns
The DSWD, as head of the IATF-TWG on Social Amelioration, shall submit a weekly report to the President on the implementation of measures under this JMC. The partner agencies shall assist in making the report, which shall include, the amount and corresponding utilization of the funds used, augmented, reprogrammed, reallocated, and realigned pursuant to R.A. No. 11469.
Daily reports shall be sent to the DSWD Agency Operations Center (email@example.com) copy furnish the Policy Development and Planning Bureau (firstname.lastname@example.org).
XI TRANSITORY provision and recovery plan
DOLE, DA and other government agencies in the SAP that have not start Implementation of their recovery plan, specifically those programs identified TWG on Social Amelioration JMC No. 01 as part of the recovery plan, should start their pre-recovery preparation or implementation starting 01 June 2020 or upon declaration of General Community Quarantine, whichever comes first.
XII SEPARABILITY CLAUSE AND REPEALING CLAUSE
If any clause, sentence, of this JMC shall be invalid or unconstitutional, the other provisions not affected hereby shall remain valid and subsisting,
All previous orders, issuance, rules and regulations inconsistent with or contrary to this JMC are hereby repealed or amended accordingly.
XIII. EFFECTIVITY CLAUSE
This Circular shall retroact to June 1, 2020, notwithstanding its complete publication in the Official Gazette and shall remain in the effect until the state of public health emergency is lifted, subject to changes as may be instructed/issued by the Office of the President.
Signed this 09 of June 2020.