Both chambers of Congress separately approved a proposed law, granting the President emergency powers to effectively address the Coronavirus Disease 2019 (COVID-10) outbreak in the Philippines. One of the more controversial components of the proposed law is the grant of power to take over private businesses. This power, however, is not new.
Continue readingCongressional Grant of Emergency Powers to the President: The Philippine Experience
The public health emergency caused by the novel coronavirus, subsequently named Coronavirus Disease 2019 (Covid-19), is the first of its kind in our lifetime. The request for emergency powers to address a national emergency, however, is not the first of its kind. On 23 March 2020, the House of Representatives started its deliberations on House Bill No. 6616, declaring a national emergency and granting emergency powers in favor of President Rodrigo Duterte. Three decades earlier, Congress passed a law declaring a state of national emergency and granting emergency powers to the President.
Continue readingPersons 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].
Continue readingCurfew, 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.
Continue readingArresting 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.
Continue readingPayment of Final Pay and Issuance of Certificate of Employment: Guidelines under Labor Advisory No. 6
There are two important matters that come with the cessation of employment (for whatever reason, whether resignation or termination) — the payment of final pay and the issuance of the Certificate of Employment. The Department of Labor and Employment (DOLE) has issued guidelines for the release of the final pay and COE.
Continue reading5,000 Pesos Assistance for Workers under the COVID-19 Adjustment Measures Program (CAMP)
The COVID-19 Adjustment Measures Program (CAMP) is a safety net program, available nationwide, that offers financial support to affected workers in private establishments that have adopted flexible work arrangements or temporary closure during the COVID-19 pandemic. The CAMP shall be effective on 21 March 2020, but applied retroactively from January 2020. [Added: This is now part of the social amelioration programs under the Joint Memorandum Circular No. 1; see List of Social Amelioration Programs and Non-Duplication of SBWS, CAMP and SAP].
Continue readingFlexible Work Arrangements for Companies due to the Coronavirus Disease 2019 (Covid-19)
A flexible work arrangement is an alternative arrangement or schedule other than the traditional or standard workhours, workdays and workweek. These alternatives are remedial measures in view of the Coronavirus Disease 2019 (Covid-19) outbreak in the Philippines and throughout the world.
Continue readingAnti-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.
Continue readingPrimer on the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act (Republic Act No. 11332)
The recent government issuances involving the Coronavirus Disease 2019 (Covid-19) cite Republic Act No. 11332, also known as the “Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act” (approved on 26 April 2019). Here is a primer on R.A. 11332.
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