BAYANIHAN TO HEAL AS ONE ACT: The Philippines’ Response to the COVID-19

Pandemic
SANGCOPAN, Nurul-Izza A.

On the onset of what was commonly described in the Philippines as a war

against an “unseen enemy”, Republic Act No. 11469, better known as the Bayanihan to
Heal as One Act or Bayanihan Act, was passed by the Philippine government on March
25, 2020. On August 20, the Senate ratified the Bayanihan to Recover as One Bill
(Bayanihan 2), and was officially designated as Republic Act No. 11494.

One of the highlights of the Bayanihan Act was the vesting of additional authority
to the Philippines’ Chief Executive, President Rodrigo Duterte, to avert the COVID-19
pandemic crisis more effectively. This can be averred from some of the provisions in the
Act, including Section 9 which provides that the President may direct the operation of
privately-owned hospitals and medical and health facilities and public transportation.
However, a more comprehensive list of the interventions that can be undertaken by the
President in lieu of his emergency powers is provided under Section 4, reaching as
much as seventy-eight (78) paragraphs. While this feature of the Act was met with much
criticism, these emergency powers are actually enshrined in Article VI, Section 23(2) of
the 1987 Constitution.

Indeed, in times of national emergencies, the President may exercise powers

necessary to carry out a declared national policy. While we walk a thin line between
being accused of adapting draconian measures and being steadfast and responsive in
preventing the spread of the virus, there is no questioning the pandemic’s categorization
as a “national emergency”. It is not a phenomenon that regularly happens, so much so
that no matter how inefficient, we still have countermeasures to follow as precedented
by alike events. This time, we are facing a crisis that no country in the world would have
been prepared to face. To keep the lawful additional authority in check, the President is
required by the Act to submit a report to Congress every week. The report shall contain
updates of the actions taken by the executive branch of the government in its efforts
against the effects of COVID-19.

The Philippines is considered to enforce the longest lockdowns in the world. For
the Philippine government, however, these lockdowns are but necessary for the war
against the unseen enemy. While ensuring that the rights of the people to due process
of law are protected, the Act also has penal provisions that punishes certain acts which,
had it not been for the pandemic, would be considered justifiable. For instance, the Act
penalizes privately-owned medical facilities that refuse to operate pursuant to the
directive of Section 4 of the Act, or the President himself. While no establishment has
been punished because of this yet, many have been apprehended for violating the
provision of the Act which penalized those who hoarded and profited from essential
goods. As disappointing as it sounds, a full-blown pandemic could not hamper the
pernicious practices of people who wished to monopolize the sale of necessities such
as masks and face shields.
 To aid low-income households and households with recently-returned overseas
Filipino workers (OFWs) who are mandated to follow strict quarantine restrictions, the
government would provide them with a cash subsidy of ₱5,000 to ₱8,000 cash subsidy.
This is aligned with the Bayanihan Act which provided that all amounts allocated in lieu
of the same shall be appropriated for measures to address the COVID-19 situation.
Recovery and rehabilitation are considered to be one of these measures. Thus, it
mandated the creation of a social amelioration program to address problems with the
economy, including unemployment and involuntary separation.

The word "bayanihan" is a Filipino word used to describe collaborative work. This
imparts the Act’s aim to unify all stakeholders in preventing the spread of COVID-19.
The Act remains as the Philippine government’s answer to the malevolent effects of the
pandemic.