Disclaimer

• The information in this webinar is intended to provide

general information only and does not contain or convey
any legal or other advice.

• All efforts have been taken to ensure the information

provided in this webinar is accurate as of publication date

• The authors reserve all right in the material provided.

Other information

secretariat@scca.org.sg
 THIS EVENT IS BROUGHT TO BY

Proudly Presented By Supported By

APCCA IS AN ALLIANCE MADE OF :

Atty. Raul R. Cortez, LL.M.
Raul is the founder of CortezLaw, a law firm focused on corporate,
commercial and technology law practice. Prior to establishing his own law
firm Raul was the Legal and Corporate Affairs Director for Microsoft
Philippines, Inc. He joined Microsoft in late September, 2011 and served in
that role for almost 8 years. As Legal and Corporate Affairs Director, Raul
was in charge of all legal matters affecting the Philippines operation of
Microsoft.
Raul has over 25 years of legal experience both in the Philippines as well as
in the U.S.A. He received his Master of Laws degree in International
Commercial Transactions and Comparative Law from the University of San
Francisco. Raul earned both his Bachelor of Laws and Bachelor of Science
in Economics from the University of the Philippines.
Before joining Microsoft, Raul was the Philippines Legal Lead for
Accenture, Inc. Raul also served as Director for Legal Affairs of
PeopleSupport, Inc., a subsidiary of former U.S. publicly listed company.
Prior to moving back to the Philippines in 2003, Raul was working at
Cooley Godward LLP, one of the top law firms in the United States, where
he worked in the Corporate Securities Group for over 4 years.
Understanding The
Philippine Regulatory
& Business
Framework Arising
From Covid-19

Atty. Raul R. Cortez, LL.M.

Presidential Proclamation No. 922 s. 2020 –
Declaring a State of Public Health Emergency in the Philippines
• Signed on March 8, 2020

• Declaring a State of Public Health Emergency in the Philippines

• Enjoining all government agencies and local government units to mobilize

necessary resources to curtail and eliminate the Covid-19 threat

• Urging everyone to act in accordance with government measures

Succeeding Government Action

• On March 9, 2020, Code Alert System for Covid-19 raised to Code

Red Sublevel Two (2)

• On the same date Metro Manila (NCR) was placed under Community
Quarantine
Presidential Proclamation No. 929 s. 2020 –
Declaring a State Calamity throughout the Philippines
• Signed on March 16, 2020

• Entire Philippines placed on state of calamity for 6 months

• Code Alert System for Covid-19 raised to Code Red Sublevel Two (2)

• Declaring a State of Calamity throughout the Philippines and imposing an Enhanced

Community Quarantine throughout Luzon
Republic Act No. 11439 – “Bayanihan To Heal as One Act”

• Act of Congress

• Signed into law on March 24, 2020

• Declaring the existence of a national emergency arising

Covid-19 for the entire Philippines
Republic Act No. 11439 – “Bayanihan To Heal as One Act”

• Powers of the President

• Implement measures to prevent or suppress spread of Covid-19 through education,
detection, protection and treatment
• Expedite accreditation of testing kits. Cost of treatment for Covid-19 patients shall be
covered under the National Health Insurance Program
• Provide emergency subsidy to low income households for 2 months
• Provide “Covid-19 special risk allowance” to public health workers
• Direct PhilHealth to shoulder all expenses for medical expenses of public and private
health workers exposed to Covid-19
• Provide compensation of Php100K (approx. $2K) to health care workers who are
infected and Php1M (approx.$20K) to those who die
• Ensure LGU act accordingly and granting these LGUs authority to utilize more
than 5% of their calamity fund
Republic Act No. 11439 – “Bayanihan To Heal as One Act”

• Powers of the President

• Implement measures to prevent or suppress spread of Covid-19 through education, detection, protection and treatment

• Expedite accreditation of testing kits.

National Health Insurance Program
Cost of treatment for Covid-19 patients shall be covered under the

• Provide emergency subsidy to low income

•
households for 2 months
Provide “Covid-19 special risk allowance” to public health workers
• Direct PhilHealth to shoulder all expenses for medical expenses of public and private health workers exposed to Covid-19

• Provide compensation of Php100K (approx. $2K) to

health care workers who are infected and Php1M
•
(approx.$20K) to those who die
Ensure LGU act accordingly and granting these LGUs authority to utilize more
than 5% of their calamity fund
Republic Act No. 11439 – “Bayanihan To Heal as One Act”
• 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
• directing public transportation to ferry health, emergency and frontline
personnel as well as other individuals
• enforcing measures against hoarding, profiteering, injurious speculations,
manipulation of prices, product deceptions, cartels, monopolies
• procuring of medical goods, equipment and supplies to be allocated and
distributed to public health facilities that are designated as COVID-19 referral
hospitals through exemptions from Republic Act No. 9184 or the "Government
Procurement Reform Act" and other relevant laws;
Republic Act No. 11439 – “Bayanihan To Heal as One Act”
• 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

• directing public transportation to ferry health,

emergency and frontline personnel as well as other
individuals
• enforcing measures against hoarding, profiteering,
injurious speculations, manipulation of prices, product
deceptions, cartels, monopolies
• procuring of medical goods, equipment and supplies to
through exemptions from the
be allocated and distributed to public health facilities that are designated as COVID-19 referral hospitals Republic Act No. 9184 or

"Government Procurement Reform Act" and other relevant laws;

Republic Act No. 11439 – “Bayanihan To Heal as One Act”

• procuring of goods and services for social amelioration measures, 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;
• partnering with the Philippine Red Cross in giving aid to the people;
• hiring temporary Human Resources for Health (HRH), 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;
• ensuring the availability of essential goods;
Republic Act No. 11439 – “Bayanihan To Heal as One Act”

• procuring of goods and services for social amelioration

measures, through exemptions from Republic Act No. 9184 or the
•
"Government Procurement Reform Act"
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;
and other relevant laws;

• partnering with the Philippine Red Cross in giving aid to the people;
• hiring temporary Human Resources for Health (HRH), 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;
ensuring the availability of essential goods;
Republic Act No. 11439 – “Bayanihan To Heal as One Act”
• 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 and other financial institutions to implement a grace period of at least 30
days without interests, penalties, fees or other charges;
• providing for a minimum of 30 days grace period on residential rents without interest, penalties, fees and other
charges;
• implementing an expanded and enhanced 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.
• Realign budget from other government projects and utilize savings
Republic Act No. 11439 – “Bayanihan To Heal as One Act”

• 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

charges required by law;
filing and submission of any document, payment of taxes, fees and other

• private and public banks and other financial institutions to

directing all

implement a grace period of at least 30 days without interests, penalties, fees or other charges;

•
30 days grace period on residential rents
providing for a minimum of

implementing an expanded and enhanced assistance program through the Department of Social Welfare and Development and the Department of Labor and Employment; and
without interest, penalties, fees and other charges;

• 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.

• Realign budget from other government projects and utilize

savings
Republic Act No. 11439 – “Bayanihan To Heal as One Act”
Penalties under the Act:

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) for offenses such as:

• disobeying national government policies or directives in imposing quarantines by officials of local

government units;
• refusing unjustifiably to operate the privately-owned hospitals and health facilities;
• engaging in profiteering, hoarding, injurious speculations, manipulation of prices, product deceptions,
cartels, monopolies or other combinations to restraint trade;
• refusal to prioritize and accept contracts for services and materials necessary to promote national policy;
• refusal to give 30-day grace period as provided by this law;
• creating, perpetrating or spreading false information about COVID-19;
• participating in cyber incidents that take advantage of the COVID-19 crisis;
• failure to comply with reasonable limitations on the operation of certain transportation sectors; 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.
 What happens next?

What is the new normal?

This Photo by Unknown Author is licensed under CC BY-NC-ND

This Photo by Unknown Author is licensed under CC BY-NC-ND
Republic Act 11165 – Telecommuting Act
• Enacted into law on December 20, 2018
• Encourages employers in the private sector to adopt
a telecommuting program
• Voluntary basis
• No distinction between those telecommuting or not
• Respect right to organize
Republic Act 11165 – Telecommuting Act
Perceived Problems of the Act:
• Purely voluntary
• No incentives
• Lack of mechanics on implementation (i.e. who
shoulders internet)
• Security Measures
• Allowable difference in treatment (i.e. from an
HR/employment standpoint)
PROS
1. Less hours spent in traffic
2. Less stress for employees
3. More time spent on
productive work rather
than travelling
4. Decrease in expenses for
food, travel and even
clothes
5. Less overhead expense for
employers due to less
office space requirements
CONS
1. More distractions at home
2. Less productive
3. Problems tracking actual
work
4. Less control from employers
5. Risks may be increased
6. Less social interaction which
may lead to less cooperation
and a sense of teamwork
7. Work life balance is
compromised
Department of Trade and Industry and Department of Labor
and Employment – Workplace Prevention Guidelines

• Checking of temperature
• Wearing of facemasks at all times
• Regular disinfecting
• Reduced workers in office to enable social distancing
• Materials and equipment to prevent infection to be
provided by employers
• Optional testing to be shouldered by employers
Supreme Court – Administrative Circular 40-2020
• Skeleton staff for all courts
• Vulnerable persons may work from home
• Petitions and pleadings may be electronically filed
• Hearing may be done in court or through
videoconferencing
• In person hearing shall observe social distancing and
require facemasks
Other Issues Arising from the “New Normal”
• What policies do you need to adopt? (ex. HR
Policies)
• Will your business continue to be profitable due to
increased cost of operation (i.e. capacity only at
50%)
• New business model? (i.e. restaurants, concerts,
tourism in general)
Thank you for your time today!

Stay Safe!

Stay at home!