TL;DR — Key Purpose
It is hereby declared the policy of the State to promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty, particularly in the aftermath of natural and man-made disasters, through policies that provide adequate social services, and promote full employment, a rising standard of living, and an improved quality of life for…
Eighteenth Congress Second Regular Session Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand twenty. [ REPUBLIC ACT NO. 11494, September 11, 2020 ] AN ACT PROVIDING FOR COVID-19 RESPONSE AND RECOVERY INTERVENTIONS AND PROVIDING MECHANISMS TO ACCELERATE THE RECOVERY AND BOLSTER THE RESILIENCY OF THE PHILIPPINE ECONOMY, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Short Title. - This Act shall be known and cited as "Bayanihan to Recover As One Act". Section 2. State of National Emergency. -Presidential Proclamation No. 922, s. 2020, was issued declaring a state of public health emergency throughout the Philippines due to the Coronavirus Disease 2019 (COVID-19). Thus, Republic Act No. 11469 or the "Bayanihan to Heal as One Act" was enacted declaring a state of national emergency over the entire country to control the spread of the disease. However, the rise of confirmed cases of COVID-19, and the serious threat to the health, safety, security, and lives of our countrymen persist. The severe disruption to livelihood and all other productive activity were reflected in the country's economic contraction during the first semester of 2020. In view of unabated spread of the COVID-19 virus and the ensuing economic disruption therefrom, the existence of a continuing national emergency is hereby affirmed in this Act. Section 3. Declaration of Policy. - It is hereby declared the policy of the State to promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty, particularly in the aftermath of natural and man-made disasters, through policies that provide adequate social services, and promote full employment, a rising standard of living, and an improved quality of life for all. Towards this end, and in cognizance of the Adverse impact of the COVID
-19 pandemic to the Philippine economy and society, the State shall likewise establish mechanisms to achieve the following objectives: (a) Reduce the adverse impact of COVID-19 on the socioeconomic well-being of all Filipinos through the provision of assistance, subsidies, and other forms of socioeconomic relief; (b) Consolidate, update, and validate existing records, through the Department of Social Welfare and Development (DSWD) in coordination with the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID) and the Philippine Statistics Authority including local government units (LGUs), to come up with a comprehensive, up to date, and unified database to effectively implement the provision of socioeconomic relief intended for all Filipinos by properly identifying the recipients thereof; (c) Sustain efforts to test, trace, isolate, and treat COVID-19 cases to mitigate the transmission of the disease and prevent further loss of lives; (d) Enhance the capacity of the Philippine health care system to eliminate, prevent, and control disease outbreaks and pandemics and mitigate the effects of other health or life-threatening concerns by ensuring budgetary support for health care; (e) Mitigate the economic cost and losses stemming from the COVID-19 pandemic; (f) Restore public trust and confidence on social and economic institutions; (g) Accelerate the recovery and bolster the resilience of the Philippine economy through measures grounded on economic inclusivity, and collective growth through fiscal sustainability; (h) Accommodate alternative modes of transportation, including a network of bicycle lanes in all roads in every city, municipality, and province for the people who may opt to use the bicycle as an alternative mode of transportation to address health, environment, and traffic concerns; (i) Promote and protect the collective interests of all Filipinos in these challenging times; (j) Optimize the use of science, technology, an
d innovation in government's response measures; (k) Enhance public trust in science and technology and incorporate the use of scientific research and technological expertise in the policy-making process; and (1) Enhance the financial stability of the country to support government programs in combatting the COVID-19 pandemic. Section 4. COVID-19 Response and Recovery Interventions. -Pursuant to Article VI, Section 23(2) of the Constitution, the President is hereby authorized to exercise powers that are necessary and proper to undertake and implement the following COVID-19 response and recovery interventions: (a) Following the World Health Organization (WHO) or the United States Centers for Disease Control and Prevention guidelines and best practices, adoption and implementation of measures to prevent or suppress further transmission and spread of COVID-19 through effective education, detection, protection, and treatment: Provided, That the percentage of the population that will undergo COVID-19 testing shall be in accordance with WHO standards and global benchmarks, in areas identified by the Department of Health (DOH) and the Department of the Interior and Local Government (DILG) as epicenters of COVID-19 infections and in other areas where higher possibility of transmission of COVID-19 may occur or have occurred. The DOH and DILG shall adopt a COVID-19 disease surveillance protocol that shall define minimum health standards for workplaces and business activities which shall include COVID-19 testing and the establishment of a contact tracing system including personal contact tracing whereby a person maintains a record of the places that he/she had been to and the people he/she had contact with: Provided, That any individual who tested positive for COVID-19 through laboratory confirmation at the national reference laboratory, sub-national reference laboratory, or a DOH-certified laboratory testing facility shall be automatically treated and if necessary, isola
ted in a DOH-accredited quarantine and isolation facility: Provided, further,That the IATF-EID shall identify and prioritize the areas and business activities critically impacted and severely affected by COVID-19 and with high probability of COVID-19 transmission, and coordinate with the relevant LGUs and government agencies for the implementation of the COVID-19 surveillance protocol: Provided, furthermore,That the DILG, in partnership with the LGUs and other government agencies, shall distribute the testing-kits to DOH-accredited government hospitals and facilities that can perform testing: Provided, finally,That the DILG, in partnership with the LGUs, shall lead the contact- tracing efforts of the government; (b) Implementation of an expedited and streamlined registration process of viral testing kits that diagnose Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2), such as polymerase chain reaction (PCR), nucleic acid, antigen, and other COVID-19 testing kits recommended by the Health Technology Assessment Council (HTAC) and facilitation of prompt testing by public and designated private institutions of suspected, and probable COVID-19 cases and those with no symptoms but with relevant travel history, or may have been exposed due to the nature of their work or due to their living conditions or had contact with a confirmed, suspected or probable case, and the compulsory and immediate isolation, and treatment of confirmed, suspected and probable COVID-19 patients: Provided, That the cost of testing and treatment for COVID-19 patients shall be covered under the National Health Insurance Program of the Philippine Health Insurance Corporation (PhilHealth). In addition to testing, isolation and treatment of these patients, the contacts of these patients shall also be immediately and properly traced through the use of efficient technology for data collection and analysis, and by engaging contact tracers that may include, but not limited to, displaced
workers both in the formal and informal sectors, from existing networks of barangay health workers, parent-leaders from the Pantawid Pamilyang Pilipino Program (4Ps), and members of duly accredited Civil Society Organizations (CSOs) by national government agencies, subject to the rules and regulations to be issued by the DILG which shall include provisions on recruitment, training, and compensation, among others, of contact tracers; (c) Adoption of a protocol on the conduct of viral testing and other COVID-19 testing kits recommended by HTAC. For this purpose, the IATF-EID, in full cooperation with the DOH, the DILG, the Department of Labor and. Employment (DOLE), the Department of Trade and Industry (DTI), and the Bureau of Immigration (BI), shall ensure the following: (1) Adequate number of COVID-19 testing centers that provide available, affordable and accessible testing to the public, subject to reimbursement by PhilHealth under existing guidelines: Provided, That people in geographically isolated or highly populated and depressed areas shall be provided the same level of access to COVID-19 testing; (2) Hiring of skilled medical technologists, molecular biologists, epidemiologists, and other skilled laboratory technicians to conduct COVID-19 testing to achieve an ideal personnel-to-laboratory ratio taking into consideration DOH targets. To address the COVID-19 pandemic and in preparation for future public health emergencies, biomedical research, training, and programs for skilled medical technologists, molecular biologists, epidemiologists, and other skilled laboratory technicians shall be implemented utilizing existing public and private molecular laboratory infrastructure; and (3) Procurement and distribution of supplies for viral testing and other COVID-19 testing kits recommended by HTAC based on, among others, the current levels and projections of the following: (i) Number of patients and health workers with severe or critical symptoms and history of tr
avel or exposure; and (ii) Number of patients and health workers with mild symptoms, relevant history of travel or exposure, and considered vulnerable and workers returning to work: Provided, That LGUs may implement their own procurement, distribution, and monitoring program consistent with the overall provisions of this Act and the guidelines of the DOH and recommendations by HTAC based on rapid health technology assessment process: Provided, That only testing kits which are sold and have complied with relevant regulations in the country of origin with an established regulatory agency may be imported, sold, accepted by way of donation and registered in the Philippines: Provided, further,That testing kits which have been recalled by established regulatory agencies of other countries shall be likewise recalled and delisted by the Food and Drug Administration (FDA); (d) Delivery of uninterrupted immunization program against vaccine preventable diseases especially on children amidst the COVID-19 pandemic, including vaccine for COVID-19; (e) Adoption by the DOH of a uniform and consistent reporting standard in a language understandable by the general public; (f) Provision of any of the following subsidies: (1) An emergency subsidy of Five thousand pesos (P5.000.00) to Eight thousand pesos (P8.000.00) to affected low income households in areas under granular lockdown and to households with recently returned overseas Filipino workers (OFWs): Provided, That the subsidy shall be computed based on the prevailing regional minimum wage rates: Provided, further,That the subsidy received from the current Conditional Cash Transfer Program and rice subsidy shall be taken into consideration in the computation of the emergency subsidy, as provided for in this Act: Provided, furthermore,That the vetting and validation of beneficiaries of the Social Amelioration Program (SAP), and the related liquidation report thereto shall be simplified to expedite the distribution of
the subsidy: Provided, finally,That a definite and actual list of beneficiaries of the SAP shall be submitted to Congress; (2) Five thousand pesos (P5,000.00) to Eight thousand pesos (P8,000.00) unemployment or involuntary separation assistance for displaced workers or employees due to COVID-19 including probationary, project, seasonal, contractual and casual employees in private health institutions, culture and arts, creative industries, including, but not limited to, film and audiovisual workers, broadcast, construction, public transportation, trade and industries, cooperatives, and other sectors of the economy, as may be identified by the DOLE, freelancers, the self-employed and repatriated OFWs, including OFWs whose deployment were suspended due to a government-imposed deployment ban: Provided, That any assistance given to OFWs shall be separate and distinct from the benefits or assistance, if any, they receive as members of the Overseas Workers Welfare Administration (OWWA): Provided, further,That any subsidy previously received under Republic Act No. 11469 does not preclude the displaced worker or employee, the freelancers, self-employed, and repatriated OFWs from receiving the unemployment or involuntary separation assistance provided herein: Provided, further,That members of the Social Security System (SSS) who have received the unemployment benefit under Section 14-B (Unemployment Insurance or Involuntary Separation Benefits) of Republic Act No. 11199 or the "Social Security Act of 201S", during the COVID-19 pandemic shall no longer be eligible to avail of the benefits under this subsection: Provided, finally,That the SSS shall take proactive steps to ensure all qualified members be given unemployment benefits under Republic Act No. 11199; and (3) Emergency subsidy to low income households who are qualified but were not granted such subsidy as mandated under Section 4(c) of Republic Act No. 11469. Any subsidy program shall, as far as practicable,
be implemented through, a social protection distribution system that embeds secure and privacy-preserving data capture, verification, deduplication, payroll generation, grievance, and payout using digital technologies. For this purpose, the payment of necessary transaction fees for the last mile delivery of subsidies to qualified beneficiaries is hereby authorized; (g) Access ;'to livelihood assistance, skills and training programs, loan assistance, and employment opportunities for repatriated and returning OFWs to ensure proper reintegration and the full utilization of their skills for national development; (h) Provision of a "COVID-19 special risk allowance" by the national government for all public and private health workers directly catering to or in contact with COVID-19 patients for every month that they are serving duringthestate of national emergency as declared by the President: Provided, That the COVID-19 special risk allowance of public health-workers shall be in addition to the hazard pay granted under Republic Act No. 7305 or thee "Magna Carta of Public Health Workers" and the active hazard duty pay granted under this Act: Provided, further,That the COVID-19 special risk allowance for both public and private health workers shall be exempt from income tax; (i) Implementation of mandatory COVID-19 testing of public and private health workers every fifteen (15) days to ensure their protection; (j) Assumption of all medical expenses of public and private health workers in case of exposure to COVID-19 or any work-related injury or disease during the state of national emergency as declared by the President; (k) Provision of compensation to public and private health workers who have contracted COVID-19 in the line of duty, with the following amounts, upon submission of required documents to support claims: (1) In case of death of the health worker. One-million pesos (P 1,000,000.00) shall be provided to the heirs of the health worker; (2) In case of sic
kness, for a severe or critical case, One hundred thousand pesos (P100,000.00) shall be provided to the health worker; and (3) In case of sickness, for a mild or moderate case, Fifteen thousand pesos (P15,000.00) shall be provided to the health worker: Provided, That this shall have retroactive application from February 1, 2020: Provided, further,That the compensation provided herein shall be exempt from the applicable taxes under the National Internal Revenue Code of 1997, as amended: Provided, finally,That the compensation provided herein shall be given to the beneficiaries not later than three (3) months after the date of confinement or death. This subsection shall survive the expiration of this Act for as long as a health worker contracts mild or severe COVID-19, infection while in the line of duty or dies while fighting during the state of national emergency as declared by the President; (l) Provision of life insurance, accommodation, transportation, and meals to all public and private health workers during the state of national emergency as declared by the President, regardless of the community quarantine (CQ) status; (m) Provision of financial relief to Agrarian Reform Beneficiaries during the state of national emergency as declared by the President, the payment of interests, penalties, and surcharges of loans used for land acquisition to any and all government agencies and government-owned or -controlled corporations (GOCCs) including Land Bank of the Philippines (LBP) shall be condoned, and the remaining original principal value be restructured without interest thereon: Provided, That all previous payment for interest be credited to principal payment instead: Provided, farther,That the condonation of interests, penalties and surcharges from these loans shall be in conformity with the applicable general banking laws and regulations of the Bangko Sentral ng Pilipinas (BSP). (n) Provision of subsidies and allowances to qualified students in private an
d public elementary, secondary, and tertiary education whose families are now facing financial difficulties brought about by work stoppage and closure of establishments due to the CQ, and neither part of theListahanof the DSWD nor covered under the Education Service Contracting (ESC), Senior High School Voucher Program (SHS VP) and Tertiary Education Subsidy (TES) as provided in Republic Act Nos.8545, 10533 and 10931 J respectively: Provided, That the geographic prioritization of areas where there are no State Universities and Colleges (SUCs) and Local Universities and Colleges (LUCs) under Republic Act No. 10931 shall be suspended to make qualified students under this subsection eligible: Provided, further,That education subsidies granted under this subsection shall he released directly to the private tertiary education institutions or private basic education schools, respectively, for the purpose of applying the subsidy for unpaid tuition in school year (SY) 2019-2020 or for payment of tuition fee for SY 2020-2021: Provided, finally,That the subsidy shall be released prior to the opening of SY 2020-2021 or within a reasonable period after school opening but in no case later than September 2020, in a manner similar to the TES, ESC, and SHS VP; (o) Provision of a one-time cash assistance to displaced teaching and non-teaching personnel, including part-time faculty or non-permanent teaching personnel, in private and public elementary, secondary, and tertiary education institutions and part-time faculty in SUCs who have lost then- jobs or who have not received their wages; (p) Ensuring that all LGUs are acting within the letter and spirit of all the rules, regulations and directives issued by the national government pursuant to this Act; and implementing standards of CQ consistent with what the national government has laid down for the subject area, while allowing LGUs to continue exercising their autonomy in. matters undefined by the national government or ar
e within the parameters it has set; and are fully cooperating towards a unified, cohesive and orderly implementation of the national policy to address COVID-19: Provided, That pursuant to the constitutional right of freedom of movement of persons, the IATF-EID shall be responsible for providing guidance on cross-border concerns, including, but not limited to, Locally Stranded Individuals (LSIs), OFWs, domestic travellers and residents, while the LGUs shall determine the policies and regulations within their respective jurisdictions; (q) Notwithstanding any law to the contrary, the local chief executives of all LGUs are hereby authorized to realign their respective local funds including, but not limited to, then- development fund, Gender and Development Fund, Sangguniang Kabataan Fund, Special Education Fund (SEF), and other local funds, including unutilized or unreleased subsidies' and transfers in order to address the COVID-19 pandemic. The punong barangays are likewise authorized to make realignments of all allotments and subsidies in response to the pandemic. The LGUs may utilize by up to ten percent (10%) of their current budget to cover expenditures arising from their COVID-19 responses: Provided, That the seventy percent (70%) limit on "pre-disaster" initiatives is hereby waived. The LGUs may also increase their respective personnel services cap by up to ten percent (10%) for first (1") to third (3 rd) class municipalities and up to five percent (5%) for the fourth (4 th) to sixth (6 th) class municipalities, and cities, and provinces: Provided, That the same shall be used for the hiring of additional health workers, the generation of temporary jobs for marginalized and hard-hit sectors as well as for other emergency employment programs undertaken by the LGU in response to the COVID-19 pandemic: Provided, farther,That the allowable debt service ceiling of LGUs is increased to thirty percent (30%) of their annual regular income including their share i
n the national taxes: Provided, finally,That the LGUs shall be exempt from the loan ceiling cap imposed by the Department of Finance (DOF). The Department of Budget and Management (DBM) and the Bureau of the Treasury (BTr) shall automatically and completely release any adjusted or remaining shares of LGUs in national wealth and National Tax Allotment (NTA) pursuant to Section 286 of Republic Act No. 7160 or the "Local Government Code of 1991". The amount of Three billion five hundred million pesos (P3,500,000,000.00) to be appropriated as follows, One billion five hundred million pesos (P1,500,000,000.00) to the Local Government Support Fund (LGSF) to provide financial assistance to LGUs in their local anti-COVID efforts, and One billion pesos (P1,000,000,000.00) each to the LBP and the Development Bank of the Philippines (DBP) to subsidize the payment of interest on new and existing loans secured by LGUs from government financial Institutions (GFls); (r) Enforcement of measures to protect the people from hoarding, profiteering, injurious speculations, manipulation of prices, product deceptions, and cartels, monopolies or other combinations in restraint of trade, or other pernicious practices affecting the supply, distribution and movement of food, clothing, hygiene and sanitation products, medicine and medical supplies, fuel, fertilizers, chemicals, building materials, implements, machinery equipment and spare parts required in agriculture, industry and other essential services, and other articles of prime necessity, whether imported or locally produced or manufactured; (s) Ensuring that donation, acceptance and distribution of health products intended to address the COVID-19 pandemic are not unnecessarily delayed and that health products for donation duly certified by the regulatory agency or their accredited third party from countries with established regulation shall automatically be cleared: Provided, That this shall not apply to health products which do no
t require a certification or clearance from the FDA; (t) Provision of personal protective equipment (PPE) including, but not limited to, protective suits, face masks, shoe covers, face shields, and goggles to public and private COVID-19 referral hospitals, both national and local, barangays, and other indigent persons that need protection from the spread of COVID-19 by the national government through the DOH: Provided, That preference and incentives shall be given to medical safety products that are locally manufactured; (u) Procurement of the following as the need arises, in. the most judicious, economical and expeditious manner, as-exemptions from the provisions on bidding process required under Republic Act No. 9184 or the "Government Procurement Reform Act" and other relevant laws: Provided, That the following information and documents related to the procurement shall be published in the Government Procurement Policy Board (GPPB) online portal, the website of the procuring entity concerned., if available, and at any conspicuous place reserved for this purpose in the premises of the procuring entity within seven (7) working days from the date of acceptance of the award: (i) Project name; (ii) Approved budget for contract; (iii) Contract period; (iv) Name of winning supplier, distributor, manufacturer, contractor or consultant; (v) Amount of contract as awarded; (vi) Notice of award; (vii) Date of award and acceptance; (viii) Contract or purchase order; and (ix) A certification stating that the procuring entity exerted all efforts to secure the most advantageous price to the government based on existing price data of the agency, the DTI or other relevant agencies or preliminary market scanning done by the agency showing prevailing market prices and practice. (1) Goods, which may include PPE such as gloves, gowns, masks, goggles, and face shields; surgical equipment and supplies; laboratory equipment and its reagents; medical equipment and devices; support and
maintenance for laboratory and medical equipment, surgical equipment and supplies; medical supplies, tools, and consumables such as alcohol, sanitizers, tissue, thermometers, hand soap, detergent, sodium hypochlorite, cleaning materials, povidone iodine, common medicines (e.g., paracetamol tablet and suspension, mefenamic acid, vitamins tablet and suspension, hyoscine tablet and suspension, oral rehydration solution, and cetirizine tablet and suspension); testing kits, and such other supplies or equipment as may be determined by the DOH and other relevant government agencies: Provided, That the DOH shall prioritize the allocation and distribution of the aforesaid goods, supplies and other resources to the following: (i) Public health facilities in the regions, provinces, or cities, that are designated as COVID-19 referral hospitals, such as, but not limited to, Philippine-'General Hospital (PGH), Lung Center of the Philippines (LCP), and Dr. Jose N. Rodriguez Memorial Hospital; (ii) Private hospitals which have existing capacities to provide support care and treatment to COVID-19 patients; and (iii) Public and private laboratories that have existing capacities to test suspected COVID-19 patients. (2) Goods and services for social amelioration measures in favor of affected communities; (3) Lease of real property or venue for use to house health workers or serve as quarantine centers, medical relief and aid distribution locations, or temporary medical facilities; (4) Establishment, construction, and operation of temporary medical facilities; (5) Utilities, telecommunications, and other critical services in relation to operation of quarantine centers, medical relief and aid distribution centers and temporary medical facilities; and (6) Ancillary services related to the foregoing: Provided, That to ensure adequate and responsive supply of critical products, the government, as procuring entity shall give preference and procure products, materials and supplies prod
uced, made or manufactured in the Philippines. For this purpose, the DTI through Negosyo Centers shall coordinate the availment of relevant credit and training programs under this Act to promote and facilitate domestic supply: Provided, further,That it shall be subject to competitive procurement procedures: Provided, furthermore,That the Department of Budget and Management-Procurement Service (DBM-PS) or the concerned procuring entity shall make the award to the lowest domestic manufacture r-bidder notwithstanding that its bid is fifteen percent (15%) in excess of the lowest foreign bid: Provided, furthermore,That it secures from the DTI a certification that the articles forming part of its bid are substantially composed of articles, materials, or supplies grown, produced, or manufactured in the Philippines: Provided, finally,That other qualification and documentary requirements for local manufacturers and suppliers shall be prioritized and expedited by the DOH, FDA and other concerned departments and agencies; (v) Partnering with the Philippine Red Cross, as the primary humanitarian agency .that is auxiliary to the government in giving aid to the people, subject to reimbursement, in the distribution of goods and services incidental in the fight against COVID-19; (w) Engaging temporary Human Resources for Health (HRH) such, as medical and allied medical staff to complement or supplement the current health workforce or to man the temporary medical facilities to be established in accordance with Section 4(u)(4) of this Act: Provided, That HRH to be hired on temporary basis shall receive the appropriate compensation and allowances: Provided, further,That all HRH serving in the front line during the state of emergency due to COVID-19, shall receive an actual hazard duty pay from the national government: Provided, furthermore,That the actual hazard duty pay shall be in addition to the hazard pay granted under Republic Act No. 7305 and the COVID-19 special
risk allowance granted under this Act: Provided, furthermore,That the active hazard duty pay received by all HRH serving in the front line during the state of national emergency as declared by the President shall be exempt from income tax: Provided, finally,That DOH, the DOLE and then- attached agencies shall closely coordinate to ensure that returning OFW-health workers, or those whose deployments were suspended due to COVID-19, shall be properly referred to the ongoing hiring of temporary HRH by the DOH; (x) Ensuring the availability of credit to the productive sectors of the economy especially in the countryside through measures such as, but not limited to, lowering the effective lending rates of interest and reserve requirements of lending institutions: Provided, That credit accommodation to the Micro, Small and Medium Enterprises (MSMEs) and cooperatives, as well as those who are self-employed, shall be imposed a low- interest, payable within three (3) years and shall not require any collateral if the loan does not exceed Three million pesos (P3,000,000.00); (y) Provision of loan interest rate subsidies for institutions of learning that have been affected by the decrease in enrollment due to the CQ or to enable these institutions to adequately prepare to implement blended learning: Provided, That the terms of the loan shall be more reasonable than the prevailing market terms: Provided, further,That the availment of such loan shall be conditioned on the non-implementation of an increase in tuition and other fees for the next school or academic year: Provided, finally,That private schools, colleges and universities receiving grants will retain their personnel complement at the time of receipt of aid, and will not engage in retrenchment of employees for a period of nine (9) months from receipt of grant; (z) Directing the Small Business Corporation (SBCorp) to expand its existing loan programs for MSMEs, cooperatives, hospitals, tourism and OFWs affe
cted by the COVID-19 pandemic and by other socioeconomic reversals, through a combination of increasing available loanable funds, reducing documentary requirements, increasing maximum loan amounts per borrower, reducing interest rates, extending loan terms, utilization of financial technologies to expand reach and increase access and set fast turn-around loan processing time; and allow the use of the loan proceeds for payroll costs, materials and suppliers, mortgage payments, rent, utilities, including fuel and storage, creation of new supportive businesses, re-purposing of existing business capital, any other business debt obligations that were incurred before the covered period or acquisition of new technologies and systems to adjust business processes for resiliency; (aa) Directing the LBP and the DBP to introduce a low interest and/or "flexible term" loan program for operating expenses available to businesses affected by the COVID-19 pandemic, in order to assist and encourage them and their creditors to continue investing in, lending to and operating their businesses: Provided, That priority shall be given to agri-fishery and non-essential businesses that are micro, small and medium enterprises, including, but not limited to, startups and cooperatives; (bb) Directing the Philippine Guarantee Corporation (PhilGuarantee) to issue an expanded government guarantee program for non-essential businesses, to ease current rules and regulations and give preference to critically impacted businesses, MSMEs, cooperatives and activities that support DOH initiatives towards ensuring an adequate and responsive supply of health care services, and -to guarantee the loan portfolio of partner financial institutions of eligible MSME and cooperative loans; (cc) Liberalization of the grant of incentives for the manufacture or importation of critical or needed equipment or supplies or essential goods for the carrying-out of the policy declared herein, including health care equipmen
t and supplies: Provided, That the exemption from import duties, taxes, and other fees for manufacture or importation of critical equipment or essential goods shall be determined by the Bureau of Customs (BOC) and the Bureau of Internal Revenue (BIR), respectively: Provided, further,That limitations and restrictions to the sale, distribution, and trade of the foregoing goods, equipment or supplies may be imposed to prevent shortage of supply and to ensure that the prices thereof remain reasonable, giving priority and preference to the needs and safety of health workers and frontliners, violations of which shall be punishable under Section 16 of Republic Act No. 7581 or the "Price Act", as amended. For this purpose, critical products, equipment or supplies or essential goods shall include the following: (1) goods referred to in Section 4(u)(l) hereof related to the containment or mitigation of COVID-19; (2) equipment for waste management, including, but not limited to, waste segregation, storage, collection, sorting, treatment and disposal services: Provided, furthermore,That these said equipment and technologies and services are approved by the Department of Environment and Natural Resources (DENR), DOH or other concerned regulatory agencies; (3) inputs, raw materials and equipment necessary for the manufacture or production of essential goods referred to in Section 4(u)(l) hereof related to the containment or mitigation of COVID-19: Provided, furthermore,That for the purpose of qualifying for exemption from import duties, taxes, and other fees and ensuring supply of PPE at competitive prices, DTI shall certify that the equipment and supplies being imported are not locally available or of insufficient quality and preference: Provided, finally,That preference is given to products, materials and supplies produced, made or manufactured in the Philippines; (dd) Ensuring the availability of essential goods, in particular, food and medicine, by adopting measur
es as may reasonably be necessary to facilitate and/or minimize disruption to the supply chain and/or improve the national end-to-end supply chain, including measures to reduce logistics costs, especially for basic commodities and services to the maximum extent possible. Further, the DTI may suspend export requirement for export enterprises that produce critical goods as referred to in Section 4(u)(l) and require them to supply locally subject to the application of Section 4(cc); (ee) Requiring businesses to prioritize and accept contracts, subject to fair and reasonable terms, for materials and services necessary to promote the herein declared national policy: Provided, That the rates chargeable by accommodation establishments to persons mandated by law or regulations to undergo quarantine may be regulated by the Department of Tourism (DOT); (ff) Provision of extension support, direct cash or loan interest rate subsidy or other forms of assistance to qualified agri-fishery enterprises, agriculture cooperatives, farmers, fisherfolk, and other agricultural workers through the Department of Agriculture (DA); (gg) Directing the Department of Transportation (DOTr) and such other agencies or instrumentalities that may be authorized under this Act to extend the following assistance to critically impacted businesses in the transportation industry, including transport cooperatives: (1) Provide direct cash or loan interest rate subsidy; (2) Provide grants for applicable regulatory fees; (3) Allow substitution of refund option to travel vouchers; (4) Provide grants for fuel subsidy and/or digital fare vouchers, as may be necessary; and (5) Provide grants for training, equipment, facilities, test kits and necessary personnel, on coping with increased health risks arising from infectious diseases. Within fifteen (15) days from the effectivity of this Act, the DOTr or any of its instrumentalities shall prescribe the eligibility requirements and other terms and conditions for a
ny of the above mentioned assistance, subject to the guidelines issued under this subsection. For purposes of item (1) herein, the DOTr or any of its instrumentalities shall utilize the loan and/or loan guarantee programs and other loan related measures provided under this Act, subject to- the rules, regulations and guidelines issued under the corresponding intervention, including proper credit assessment of the borrower by the LBP and DEP which will administer the credit facilities or loan guarantees under this Act: Provided, That a reasonable and proper business plan shall be submitted by the borrower: Provided, further,That loan interventions implemented under this subsection shall be exclusively for critically impacted businesses and transport cooperatives in the transportation industry only. For purposes of item (2) herein, the grants may include reductions in (i) rates through the removal of local taxes as may be applicable, and (ii) fees and charges imposed by any regulatory agency and LGU. Such grants shall be payable, respectively, to the BIR, the LGUs and relevant regulatory agencies: Provided, That the grant shall be chargeable against the fund created for the purpose of implementing this subsection: Provided, further,That any critically impacted business may avail of the grant for a period of not more than six (6) months. Availment of any economic relief such as wage subsidy, loan, and loan guarantees and other relief under the other provisions of this Act, does not disqualify such critically impacted businesses belonging to the "transportation industry including transport cooperatives from availing the economic relief provided under this subsection. The DOTr shall prioritize business entities that shall require assistance for any activity that supports the Balik Probinsya, Bagong Pag-asa Program under Executive Order No. 114, s. 2020; (hh) Directing the DOT to assist critically impacted businesses that are tourism enterprises, including tourism-
oriented barangay micro business enterprises, cooperatives engaged in tourism-related activities or other members of the informal sector in the tourism, economy in any of the following programs: (1) Provide loan interest rate subsidy; (2) Tourism Road Infrastructure Program of the Department of Public Works and Highways (DPWH); (3) Cash-for-work programs and the unemployment and involuntary assistance for the displaced workers or employees in the tourism sector; (4) Marketing and product development, promotions and programs, including travel advertising and festival-support strategies; (5) Grants for education, training, and advising of tourism stakeholder for the new normal alternative livelihood programs; (6) Utilization of information technology for the improvement of tourism services, development of a tourist tracking system for emergency response, and establishment of spatial database to improve planning capacity; (7) In partnership with the LGU and DOH and/or private entities, establish COVID-19 testing centers in tourist destinations as identified by the DOT, to stimulate tourism and generate employment; and (8) Any other relevant programs, including infrastructure, product-sourcing, and subsidized domestic package tours necessary to mitigate the economic effects of COVID-19 on the tourism industry. For purposes of item (1) herein, the SBCorp under its COVID-19 Assistance to Restart Enterprises (CARES) Program shall administer the loans for DOT but subject to guidelines from the DOT that shall be prepared for these purposes: Provided, That the loan interventions implemented under this section shall be exclusively for accredited tourism enterprises, including such small-scale tourism-oriented enterprises accredited by LGUs, under Republic Act No. 9178 or the "Barangay Micro Business Enterprises Act of 2002". Availment of grants, loans or loan guarantees through other provisions of this Act is not a disqualification for any tourism enterprise to avail of a
ny economic relief measures in this section. The DOT shall prioritize establishments that (1) support the Balik Probinsya, Bagong Pag-asa Program, and (2) comply with the guidelines of the DOH towards ensuring an adequate and responsive supply of health care services; (ii) Undertaking measures in partnership with appropriate internet and communication service providers in the acceleration of the deployment of critical Information and Communications Technology (ICT) infrastructure particularly additional cell towers, equipment, software, and wireless technologies throughout the country to address the need for digital connectivity, internet speed and stability, and Cybersecurity in E-Commerce, E-Government, online learning, and telecommuting in order to sufficiently meet the significant additional shift of the general public to online services and platforms and to home and mobile communication units for doing work from home, for completing commercial and other transactions, for convening meetings and conducting conferences and seminars/webinars, and for obtaining educational instruction during the COVID-19 pandemic through the Department of Information and Communications Technology (DICT). Such measures shall include the following: (1) Temporary suspension of requirements to secure permits and clearances for the construction of telecommunications and internet infrastructure. Except for the building permit issued by the Office of the Building Official pursuant to Presidential Decree No. 1096 or the "National Building Code of the Philippines", as amended, and the height clearance permit from the Civil Aviation Authority of the Philippines (CAAP), no national or local permit or clearance shall be required in the construction, installation, repair, operation and maintenance of telecommunications and internet infrastructure by independent tower companies registered with the DICT, or holders of certificates of public convenience and necessity or provisional authority grant
ed by the National Telecommunications Commission (NTC) to public telecommunication entities, for a period of three (3) years from the effectivity of this Act: Provided, That for homeowners and other community clearances, the requirements provided under Section 15 of Republic Act No. 11032 or the "Ease of Doing Business and Efficient Government Service Delivery Act", in relation to Section 10(k) of Republic Act No. 9904 or the "Magna Carta for Homeowners and Homeowners' Associations", shall apply. A CAAP height clearance permit shall be required if the telecommunications tower infrastructure: (i) is in excess of fifty (50) meters in height and in the direct flight plan within a three (3)-kilometer radius" of an airport; or (ii) shall be constructed within the ten (lO)-kilometer radius of communication-navigation surveillance facilities located off-airport. When the proposed structure does not fall within any of the foregoing restrictions, the applicant shall only be required to submit to the LGU and the CAAP, a notarized undertaking certified by a geodetic engineer, attesting that the proposed structure will be built outside the CAAP critical areas. (2) Streamlining of regulatory processes and procedures for the development and improvement of digital, internet and satellite technology infrastructure. Notwithstanding Section 4(eee) of this Act, all pending and new applications for the construction of cell sites, cell towers, roll out of fiber, installation of poles, ground terminals and other transmission or similar telecommunications and internet structure and facilities shall be approved or disapproved within a non-extendible period of seven (7) working days from the date the application was received. An application which is not acted upon within such period shall be deemed approved. Provided, That the advantages of temporary suspension of requirements and streamlining of regulatory processes shall also apply to other value-added service providers and internet se
rvice providers in the establishment and operation of necessary equipment and facilities, and use of necessary technologies in order to expand the 1 coverage of broadband internet networks and provide connectivity to unserved and undeserved communities. No court, except the Supreme Court, shall issue any temporary restraining order, preliminary injunction or preliminary mandatory injunction against the construction of telecommunications infrastructure, including cell sites and cell towers; (jj) Directing the DTI, in coordination with other implementing .-agencies, to accelerate and undertake massive promotion of online commerce and offer technical and financial assistance through GFIs to those engaged in E-Commerce, such as those involved in internet retail, digital financial services, digital media, and ride-hailing.' These include programs that will expedite the digitalization of MSMEs and cooperatives through, training subsidies for onboarding or starter kits, wage support for new online enterprises, upskilling/reskilling and other activities as may be defined by the DTI, Cooperative Development Authority (CDA), DICT, Technical Education and Skills Development Authority (TESDA), and Commission on Higher Education (CHED); (kk) Regulation and limitation of the operation of all sectors of transportation through land, sea or air, whether private or public, and provide the necessary infrastructure and support, including emergency pathways, LGU bicycle sharing scheme with proper safety equipment and pop-up bike lanes, for commuters, particularly health workers and other frontliners; (ll) Regulation of traffic on all roads, streets, and bridges, and access thereto; prohibit putting up of encroachments or obstacles; authorize the removal of encroachments and illegal constructions in public places; and perform all other related acts; (mm) Authorization of alternative working arrangements for employees and workers in the Executive Branch, and whenever, it becomes necessary
, in other independent branches of government and constitutional bodies, and the private sector; (nn) Conservation and regulation of the distribution and use of power, fuel, energy and water, and ensure adequate supply of the same; (oo) Implementation of the proper management and segregation of waste, especially of hazardous materials coming from health facilities, in the communities and households in order to contain the C0V1D-19 virus and other diseases; (pp) Notwithstanding any law to the contrary, directing the discontinuance of appropriated programs, activities or projects (P/A/Ps) of any agency of the Executive Department, including GOCCs, in the fiscal years (FYs) 2019 and 2020 General Appropriations Act (GAA), which cannot be utilized effectively as a result of the COVID-19 outbreak, whether released or unreleased, the allotments for which remain unobligated, and utilize the savings generated therefrom to augment the allocation for any item needed to address the COVID-19 pandemic consistent with the herein declared national policy. The P/A/Ps that may be discontinued shall include discretionary foreign travel, representation, mass events and those identified by government agencies prior to the effectivity of this Act: Provided, That such discontinued P/A/Ps do not support the objectives of economic stimulus and recovery for having low labor intensity or low multiplier effects: Provided, further,That infrastructure, having the highest multiplier effect can only be discontinued when all other funds, including unobligated allotments and unreleased appropriations, have been exhausted: Provided, furthermore,That the following items in the budget shall be prioritized for augmentation: (1) Under the DOH operational budgets of government hospitals, temporary treatment, isolation, quarantine and monitoring facilities, primarily those identified for treatment of COVID-19; prevention and control of other infectious diseases; emergency preparedness and response;
SAINT WEALTH LTD., AS REPRESENTED BY DAVID BUENAVENTURA & ANG LAW OFFICES, VS. BUREAU OF INTERNAL REVENUE, HEREIN REPRESENTED BY HON. CAESAR R. DULAY, IN HIS CAPACITY AS COMMISSIONER OF THE BUREAU OF INTERNAL REVENUE, AND JOHN DOES AND JANE DOES, AS PERSONS ACTING FOR, IN BEHALF, OR UNDER THE AUTHOR
G.R. No. 252965 -
G.R. Nos. 274778, 275405
G.R. Nos. 274778, 275405
G.R. No. 257916MICHAEL YANG HONG MING, VS. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS. - Supreme Court E-Library
G.R. No. 257401 -
NOEL E. ROSAL, VS. COMMISSION ON ELECTIONS AND JOSEPH SAN JUAN ARMOGILA.
G.R. No. 264125 -
G.R. No. 257608 -
G.R. No. 257608 -
NOEL E. ROSAL, VS. COMMISSION ON ELECTIONS AND JOSEPH SAN JUAN ARMOGILA.
G.R. No. 264125