Rules on Donations to Address the Coronavirus Disease 2019 (Covid-2019)

There appears to be a misconception that all donations related the Philippines’ fight against the Coronavirus Disease 2019 (Covid-2019) pandemic must be coursed through the government. There is no such rule. Donors may still choose the recipients of their donations.

On 31 March 2020, the President issued Administrative Order (AO) No. 27, “Establishing a Framework for the Acceptance, Management, Distribution and Delivery of all Medicines, Medical Equipment and Supplies, and Other Health Products Donated to the National Government or the Department of Health for Addressing the COVID-19 Situation“. The coverage of the AO 27 is limited to: (a) medicines and medical equipment/supplies; and (b) direct donations to the National Government. 

Donations to Private Entities. There has been an outpouring of donations (e.g., personal protective equipment and food) to medical professionals, both in the public and private sectors. There is no prohibition on donations to private entities. This is not covered by AO 27.

Donation to the National Government. All donations to the National Government or the Department of Health (DOH) of medicines, medical equipment and supplies, and other health products intended to address the COVID-19 situation, whether received or accepted from foreign governments, private entities, non-governmental organizations, or any group or individual, shall be coordinated with and transmitted to the Office of Civil Defense (OCD) for consolidation. The OCD is in charge of inventory and allocation of this kind of donations. 

Donations to Other Government Agencies. Section 1 of AO 27 provides that: “Direct donations to other departments, bureaus, offices, state colleges or universities (SUCs), government-owned or -controlled corporations (GOCCs), or government hospitals or medical facilities shall continue to be allowed without need of consolidation in the OCD. Such donations, however, shall be immediately reported by these recipient agencies and instrumentalities to the OCD in connection with the authority of the OCD to allocate assets.” In other words, these direct donations are still allowed, subject to the required report to the OCD.

P&L Law

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