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Bayanihan to Heal as One Act

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Bayanihan to Heal as One Act

Congress of the Philippines

Long title[show]

Citation Republic Act No. 11469

Territorial extent Philippines

Enacted by Senate of the Philippines

Passed March 23, 2020

Enacted by House of Representatives of

the Philippines

Passed March 23, 2020

Signed March 24, 2020

Signed by Rodrigo Duterte

Effective March 25, 2020

Date of expiry June 24, 2020

Legislative history

Bill introduced in the Senate of the Bayanihan To Heal As One

Philippines Act

Bill citation Senate Bill No. 1418

Bill published on March 23, 2020

Introduced by Tito Sotto, Pia Cayetano, Win

Gatchalian, et. al.

First reading March 23, 2020

Second reading March 23, 2020

Third reading March 23, 2020

Committee report Committee Report No. 70

Bill introduced in the House of We Heal As One Act of 2020

Representatives of the Philippines

Bill citation House Bill No. 6616

Bill published on March 23, 2020

 Introduced by Alan Peter Cayetano (Pateros–

Taguig), et. al.

First reading March 23, 2020

Second reading March 23, 2020

Third reading March 23, 2020

Status: Expired

The Bayanihan to Heal as One Act, also known as the Bayanihan Act,[1] and officially

designated as Republic Act No. 11469, is a law in the Philippines that was enacted in
March 2020 granting the President additional authority to combat the COVID-19
pandemic in the Philippines.[2] The word "bayanihan" is a Tagalog word for communal
work.

Contents

 1Background
 2Legislative history
o 2.1Manila paper backlash
o 2.2Expiration and proposed extension
 3Provisions
 4Implementation
o 4.1NBI summons Mayor Sotto
o 4.2NBI investigates Senator Pimentel III
 5See also
 6References

Background[edit]
Main article: COVID-19 pandemic in the Philippines
Following the sharp increase of confirmed cases, Congress to hold special sessions on
March 23 to enact the Bayanihan to Heal as One Act upon his request, which would
"authorize the President to exercise powers necessary to carry out urgent measures to
meet the current national emergency related to COVID-19 only for three months unless
extended by Congress." The act would allow President Duterte to "reallocate, realign,
and reprogram" a budget of almost ₱275 billion ($5.37 billion) from the estimated ₱438
billion ($8.55 billion) national budget approved for 2020, in response to the pandemic;
[3]
 enable him to "temporarily take over or direct the operations" of public utilities and
privately owned health facilities and other necessary facilities "when the public interest
so requires" for quarantine, the accommodation of health professionals, and the
distribution and storage of medical relief; and "facilitate and streamline" the
accreditation of testing kits.[4]

Legislative history[edit]

Senators during a special session to tackle the passage of the Bayanihan to Heal as One Act, March 23, 2020

In the House of Representatives, the bill was introduced as House Bill No. 6616 with
House Speaker Alan Peter Cayetano of Pateros–Taguig as its principal sponsor and
was defended on the floor by Deputy Speaker Luis Raymund Villafuerte of Camarines
Sur's 2nd district. Executive Secretary Salvador Medialdea addressed the session,
stressing that the president needed "standby powers" to address the emergency.
[5]
 Some representatives questioned the nature, usage, and necessity of the "standby
powers", claiming its susceptibility to abuse and corruption. [6]
In the Senate of the Philippines, the bill was introduced as Senate Bill No. 1418 with
Senate President Tito Sotto and Senator Pia Cayetano as its principal sponsors. Under
the bill, Senator Cayetano said that over 18 million Filipino households living below the
poverty line would also receive financial incentives of around ₱5,000–8,000 ($97.45–
155.92) per month for two months.[7] Senators amended their version of the bill to
include financial compensation of around ₱100,000 ($1,965.33) to be given by
PhilHealth to health professionals who contracted the virus, as well as the provision of
around ₱1 million-worth ($19,653.27) of financial aid to their families. [8]
Both versions of the bill reportedly removed the usage of the term "emergency powers",
replacing it with "authority". It also removed the term "take over of public utilities and
private businesses", limiting President Duterte's abilities at most to "direct the
operations" of such enterprises.[9] The House version of the bill passed the House of
Representatives in a 284–9 vote without abstentions, [10] while its Senate version
unanimously passed the Senate.[11] President Duterte signed the bill into law the
following day on March 24, 2020.[12][2]
Manila paper backlash[edit]
At the start of the special session at the House of Representatives, House Speaker Alan
Peter Cayetano along with his fellow congresspeople, did a photo op showing Cayetano
and Executive Secretary Salvador Medialdea holding up a board covered with Manila
paper with the message, "Together with doctors and frontliners, we went to work for
you, so please stay home for us."[13] This prompted an online backlash on social media
with citizens criticizing the lawmakers for comparing themselves with the pandemic
healthcare frontliners.[14] The photo also became fodder for memes with people replacing
the Manila paper message with various images. [15][16] Cayetano responded to the
backlash saying, "If you ask me to hold up a sign again, and even if the sign curses at
me but it gets people to read and gets people to stay home, I will do it again and again
and again."[17][18]
Expiration and proposed extension[edit]
The law expired on June 24, 2020 without a resolution of it being extended. Although
there were bills passed in Congress to extend the law until September 2020, the
president did not certify these as urgent, prompting the bills to lapse. [19][20][21]
The distribution of the social amelioration program (SAP) and other cash aids from the
Philippine government were not affected by the expiration of the law. [19]

Provisions[edit]
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consider splitting content into sub-articles, condensing it, or
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The law provides the President of the Philippines the power to implement temporary
emergency measures to respond to the crisis brought about by COVID-19, such as: [2]

 adopting and implementing measures, which are based

on World Health Organization guidelines and best
practices, to prevent or suppress further transmission and
spread of COVID-19 through education, detection,
protection and treatment;
 hastening the accreditation of testing kits;
 facilitating prompt testing of patients under
investigation (PUIs) and persons under monitoring (PUMs)
as well as the immediate mandatory isolation and treatment
of patients, the cost of which shall be covered by the
National Health Insurance Program of the Philippine Health
Insurance Corporation;
 providing an emergency subsidy amounting to five
thousand pesos (₱5,000.00) to eight thousand pesos
(₱8,000.00) to low income households based on prevailing
regional minimum wage rates;
 providing all public health workers with "COVID-19 special
risk allowance";
 directing the Philippine Health Insurance Corporation to
shoulder all medical expenses of public and private health
workers related to exposure to COVID-19 or any work-
related injury or disease during the pandemic emergency;
 providing a compensation of one hundred thousand pesos
(₱100,000.00) to public and private health workers who
contract severe COVID-19 infection while performing their
duties and a compensation amounting to one million pesos
(₱1,000,000.00) shall be given to public and private health
workers who will die because of COVID-19;
 ensuring that all local government units adhere to all the
rules, regulations and directives issued by the national
government with respect to this law as well as implement
community quarantine consistent with the standards the
national government has laid down;
 directing the operation of any privately-owned hospitals,
medical and health facilities and other establishments to
house health workers, serve as quarantine areas and
centers, medical relief, aid distribution locations and
temporary medical facilities provided that the management
and operation of these establishments or facilities shall still
be with the owners, however, unjustifiable refusal of the
establishment or the facility to operate for this purpose may
mean take over of the President of the Philippines on the
operations of this establishment or facility with the
limitations and safeguards stated in the Constitution;
 directing public transportation to ferry health, emergency
and frontline personnel as well as other individuals
provided that the management and operation of this
enterprise shall still be with the owner, however,
unjustifiable refusal of the enterprise to operate for this
purpose may mean take over of the President of the
Philippines on the operations of this enterprise with the
limitations and safeguards stated in the Constitution;
 enforcing measures against hoarding, profiteering, injurious
speculations, manipulation of prices, product deceptions,
cartels, monopolies or other combinations to restraint trade
or affect 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 for agriculture, industry and other essential services;
 ensuring that donation, acceptance and distribution of
health products for COVID-19 public health emergency are
not unnecessarily delayed;
 procuring of medical goods, equipment and supplies to be
allocated and distributed to public health facilities that are
designated as COVID-19 referral hospitals, private
hospitals that are capable of providing support care and
treatment to COVID-19 patients and public and private
laboratories that are capable of testing suspected COVID-
19 patients, in the most expeditious manner through
exemptions from Republic Act No. 9184 or the
"Government Procurement Reform Act" and other relevant
laws;
 procuring of goods and services for social amelioration
measures, in the most expeditious manner through
exemptions from Republic Act No. 9184 or the
"Government Procurement Reform Act" and other relevant
laws;
 leasing of real property or venue for use to house or serve
as quarantine centers, medical relief and aid distribution
locations or temporary medical facilities, in the most
expeditious manner through exemptions from Republic Act
No. 9184 or the "Government Procurement Reform Act"
and other relevant laws;
 partnering with the Philippine Red Cross in giving aid to the
people;
 hiring temporary Human Resources for Health (HRH), who
shall receive appropriate compensation, allowances and
hazard duty pay, to complement or supplement the current
health workforce or to man the temporary medical facilities;
 ensuring availability of credit especially in the countryside
by lowering the effective lending rates of interest and
reserve requirements of lending institutions;
 liberalizing the grant of incentives for the manufacture or
importation of critical or needed equipment or supplies for
carrying out of the policy of this law provided that
importation shall be exempt from import duties, taxes and
other fees;
 ensuring the availability of essential goods by adopting
necessary measures to facilitate and/or minimize disruption
to the supply chain;
 regulating and limiting operation of private or public
transportation whether land, sea or air;
 conserving, regulating the distribution and use as well as
ensuring the adequate supply of power, fuel, energy and
water;
  moving statutory deadlines and timelines for filing and
submission of any document, payment of taxes, fees and
other charges required by law;
 directing all private and public banks, quasi-banks,
financing companies, lending companies and other
financial institutions, including the Government Service
Insurance System, Social Security System and Pag-ibig
Fund to implement a grace period of 30 days, minimum, for
the payment of all loans falling due within the enhanced
community quarantine without interests, penalties, fees or
other charges;
 providing for a minimum of 30 days grace period on
residential rents falling due within the period of the
enhanced community quarantine without interest, penalties,
fees and other charges;
 implementing an expanded and enhanced Pantawid
Pamilya Pilipino Program and providing an assistance
program through the Department of Social Welfare and
Development and the Department of Labor and
Employment; and
 lifting the 30% cap on the amount for the quick respond
fund as provided for in Republic Act No. 10121 or the
"Philippine Disaster Risk Reduction and Management Act
of 2010" during the state of national emergency due to
COVID-19.
The President of the Philippines shall submit a weekly report to Congress, every
Monday, of all acts done for this law including the amount and corresponding utilization
of funds. The Congress shall form a Joint Congressional Oversight Committee
consisting of four members each from the Senate and the House of Representatives
who are appointed by the Senate President and the House Speaker. [2]
Under this law, a penalty of two months imprisonment or a fine of not less than ten
thousand pesos (₱10,000.00) but not more than one million pesos (₱1,000,000.00) or
both shall be meted to offenses such as:[2]

 disobeying national government policies or directives in

imposing quarantines by officials of local government units;
 refusing unjustifiably to operate the privately-owned
hospitals, medical and health facilities pursuant to the
directive of the President by owners and possessors of
these hospitals, medical and health facilities;
 engaging in profiteering, hoarding, injurious speculations,
manipulation of prices, product deceptions, cartels,
monopolies or other combinations to restraint trade,
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 for agriculture,
industry and other essential services and other articles of
prime necessity, whether locally manufactured or imported;
 refusal to prioritize and accept contracts for services and
materials necessary to promote national policy provided in
this law;
 refusal to give 30-day grace period as provided by this law;
 creating, perpetrating or spreading false information about
COVID-19 crisis on social media and other platforms, with
no valid or beneficial effect on the population which
promote chaos, panic, anarchy, fear or confusion;
 participating in cyber incidents that take advantage of the
COVID-19 crisis such as scams, phishing, fraudulent
emails or other similar acts;
 failure to comply with reasonable limitations on the
operation of certain transportation sectors, be it private or
public, whether by land, air or sea; and
 putting-up of prohibited encroachments or obstacles,
maintenance of illegal constructions in public places that
have been ordered to be removed and impeding access to
roads, streets and bridges.

Implementation[edit]
NBI summons Mayor Sotto[edit]
See also: Vico Sotto
After the imposition of the enhanced community quarantine in Luzon and before the
enactment of the Bayanihan law, Pasig City Mayor Vico Sotto allowed temporarily the
limited operation of the city's tricycles for use of health care workers, government
personnel and patients despite the national government's ban on the operation of public
transportation. Sotto mentioned that banning all tricycles in the city would bring more
risk to the city's health situation.[22] After he aired the views and experiences of the local
government of Pasig, Sotto complied with the inclusion of tricycles in the public
transportation ban.[23]
The National Bureau of Investigation (NBI), through its Deputy Director Ferdinand Lavin,
confirmed on April 1, 2020 that NBI sent an invitation letter to Sotto for violation of
Bayanihan to Heal as One Act. Lavin said that Sotto is scheduled to appear at the
bureau on April 7, 2020 at 10 am. Sotto responded by saying that he had already
complied with the national government's order to stop tricycle operations prior to the
implementation of the law.[24][25] Senate President Tito Sotto, an uncle of the mayor,
criticized the move in a tweet, stating "NBI will be well advised to be cautious in their
interpretation of the law I principally authored. Any so-called violation of RA 11469 can't
be retroactive!".[26] Liberal Party president and Senator Francis Pangilinan also
questioned the NBI's actions, stating the unconstitutionality of criminalizing an act
committed before the law was passed.
Social media responded heavily with criticism towards the NBI for allegedly singling out
the mayor, even comparing the situation to that of Senator Koko Pimentel's case, who
had violated quarantine protocols a few days prior at the Makati Medical Center, but
was given consideration by the government. [27]
NBI investigates Senator Pimentel III[edit]
See also: Koko Pimentel
The National Bureau of Investigation (NBI) spokesperson Deputy Director Ferdinand
Lavin said that the bureau was also investigating Senator Aquilino Pimentel III for
alleged violation of the Bayanihan Heal as One Act. Director Eric Distor of the NBI
confirmed that Pimentel would also be invited to the bureau to explain. He would be
summoned when his self-quarantine ended. [28][29][30]
Pimentel had undergone testing for COVID-19 and was informed that he was positive
for the disease while he was at the Makati Medical Center, accompanying his pregnant
wife who was scheduled to give birth. [28]

See also[edit]
 List of COVID-19 pandemic legislation
 Philippine government response to the COVID-19
pandemic

References[edit]
1. ^ Patag, Kristine Joy (March 25, 2020). "During state of emergency,
'Bayanihan' Act allows imprisonment for 'false information'". The
Philippine Star. Retrieved  June 6,  2020.
2. ^ Jump up to:a b c d e "Republic Act No. 11469 – An Act Declaring the
Existence of a National Emergency Arising from the Coronavirus
Disease 2019 (Covid-19) Situation and a National Policy in
Connection Therewith, and Authorizing the President of the Republic
of the Philippines for a Limited Period and Subject to Resctrictions, to
Exercise Powers Necessary and Proper to Carry Out the Declared
National Policy and for Other Purposes"  (PDF).  Official Gazette of the
Republic of the Philippines. Retrieved  April 6,  2020.
3. ^ Parrocha, Azer (March 22, 2020).  "Duterte seeks 'more powers,'
urgent measures vs. Covid-19". Philippine News Agency. Philippine
News Agency. Retrieved  March 23,  2020.
4. ^ Luci-Atienza, Charissa (March 24, 2020).  "House approves
'Bayanihan' bill on 3rd reading in historic virtual special session; grants
PRRD 'necessary' powers to handle COVID-19 crisis". Manila Bulletin.
Retrieved March 24, 2020.
5. ^ Romero, Paolo; Porcalla, Delon (March 23, 2020).  "Congress grants
Duterte covid standby powers".  The Philippine Star. Retrieved March
24,  2020.
6. ^ Luci-Atienza, Charissa (March 24, 2020).  "9 solons voted against
Bayanihan Act; say special powers prone to abuse, misuse". Manila
Bulletin. Retrieved  March 24,  2020.
7. ^ Ager, Maila (March 24, 2020).  "Poor families to get up to P8,000
cash subsidy from COVID-19 bill".  Philippine Daily Inquirer.
Retrieved March 24, 2020.
8. ^ "Senators seek ₱1-M death benefit; ₱100K aid for COVID-infected
health workers".  CNN Philippines. March 24, 2020. Retrieved March
24,  2020.
9. ^ Navallo, Mike (March 24, 2020). "COVID-19 CRISIS: How President
Duterte's emergency powers bill morphed in 36 hours".  ABS-CBN
News. Retrieved  March 24,  2020.
10. ^ Mercado, Neil Arwin (March 24, 2020). "House OKs bill granting
Duterte 'necessary' powers due to COVID-19 crisis".  Philippine Daily
Inquirer. Retrieved March 24, 2020.
11. ^ Ramos, Christia Marie; Lalu, Gabriel Palico (March 24,
2020). "Senate OKs bill granting Duterte special powers to fight
COVID-19". Philippine Daily Inquirer. Retrieved March 24,2020.
12. ^ Valente, Catherine (March 25, 2020). "Duterte signs measure on
special powers into law".  The Manila Times. Retrieved  March
25,  2020.
13. ^ Mercado, Neil Arwin (March 23, 2020). "House special session
photo op: 'We went to work for you, so please stay home for
us'".  Inquirer News. Retrieved  April 2,  2020.
14. ^ Cepeda, Mara (March 23, 2020). "Pinoys online livid over 'Stay at
home for us' gimmick in House". Rappler. Retrieved  April 2,  2020.
15. ^ Merez, Arianne (March 23, 2020). "'We went to work for you': Gov't
officials call to Filipinos to stay at home earns backlash".  ABS-CBN
News. Retrieved  April 2,  2020.
16. ^ Aguilera, John Paulo (March 24, 2020).  "These 'stay home for us'
memes should serve as lesson for House not to use Manila
paper". SPIN.ph. Sports Interactive Network Philippines.
Retrieved April 2, 2020.
17. ^ Cepeda, Mara (March 24, 2020). "Cayetano lashes out: 'If holding
up sign gets people to stay home, I will do it again'". Rappler.
Retrieved April 2, 2020.
18. ^ "'I will do it again': Cayetano defends 'stay at home' sign amid online
backlash".  CNN Philippines. March 24, 2020. Retrieved April 2, 2020.
19. ^ Jump up to:a b "Roque says expiration of Bayanihan Act will not affect the
disbursement of SAP". CNN Philippines. June 25, 2020.
Retrieved June 26, 2020.
20. ^ Punzalan, Jamaine (June 24, 2020). "Philippines 'in good shape'
ahead of Bayanihan Act expiration, says Duterte spokesman".  ABS-
CBN News. Retrieved  June 26,  2020.
21. ^ "Duterte may still need Bayanihan 2 – Palace". The Philippine Star.
June 26, 2020. Retrieved June 26, 2020.
22. ^ Nievera, Allysa (March 18, 2020).  "Mayor Sotto says total ban on
tricycles in Pasig adds risk to health situation". Manila Bulletin.
23. ^ "Vico Sotto: Pasig to follow nat'l gov't on tricycles ban".  GMA News.
Retrieved April 1,2020.
24. ^ "NBI asks Vico Sotto to explain 'violation' of quarantine policy".  CNN
Philippines. Retrieved  April 1,  2020.
 25. ^ "NBI summons Vico Sotto for 'violating' Bayanihan Law". Rappler.
Retrieved April 7,2020.
26. ^ Rey, Aika.  "Tito Sotto 'defends' Vico: 'Violation of Bayanihan law
can't be retroactive'". Rappler. Retrieved  April 1,  2020.
27. ^ Isinika, Alois. "#ProtectVico trends worldwide after NBI summons
Pasig Mayor Vico Sotto". Rappler. Retrieved  April 1,  2020.
28. ^ Jump up to:a b "NBI: Koko Pimentel also under probe for violation of
COVID-19 rules".  GMA News. Retrieved April 7, 2020.
29. ^ "NBI to summon gov't execs over breach of quarantine
rules".  Philippine News Agency. Retrieved  April 7,  2020.
30. ^ "NBI probes Koko Pimentel over possible quarantine breach". cnn.
Retrieved April 1,2020.

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Rodrigo Duterte
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