Bayanihan to Heal and Recover | Genovis

I. Introduction
In the House of Representatives, the bill was presented as House Bill No. 6616 with
House Speaker Alan Peter Cayetano of Pateros–Taguig as its chief support and was safeguarded
on the floor by Deputy Speaker Luis Raymund Villafuerte of Camarines Sur's second area.
Leader Secretary Salvador Medialdea tended to the meeting, focusing on that the president
required backup forces to address the crisis. A few delegates scrutinized the nature, use, and need
of the reserve powers, asserting its powerlessness to mishandle and debasement.
In the Senate of the Philippines, the bill was presented as Senate Bill No. 1418 with
Senate President Tito Sotto and Senator Pia Cayetano as its chief backers. Under the bill, Senator
Cayetano said that more than 18 million Filipino families living underneath the destitution line
would likewise get monetary impetuses of around ₱5,000–8,000 ($97.45–155.92) each month for
two months. Senators corrected their adaptation of the bill to incorporate monetary pay of around
₱100,000 ($1,965.33) to be given by PhilHealth to wellbeing experts who gotten the infection,
just as the arrangement of around ₱1 million-worth ($19,653.27) of monetary guide to their
families.
The two variants of the bill supposedly eliminated the utilization of the term crisis
powers, supplanting it with power. It additionally eliminated the term take over of public utilities
and private organizations, restricting President Duterte's capacities all things considered to
coordinate the activities of such endeavors. The House variant of the bill passed the House of
Representatives in a 284–9 vote without abstentions, while its Senate form collectively passed
the Senate. President Duterte marked the bill into law the next day on March 24, 2020.
In the Senate, the bill was presented as Senate Bill No. 1564 with Senators Imee Marcos,
Sonny Angara, Ralph Recto, Migz Zubiri, Pia Cayetano, Cynthia Villar and Senate President
Tito Sotto as its chief patrons. On June 3, the House of Representatives adjusted the Senate's
adaptation of the bill and was presented as House Bill No. 6953 with Deputy Speaker Luis
Raymund Villafuerte of Camarines Sur's second region and Martin Romualdez of Leyte's second
area as its chief backers. The last draft of the bill is a combination of bills recorded by the
bicameral Congress.

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II. Nature

There was a petitioner, Ibaňez, that recorded a Petition for Certiorari and Prohibition
looking to renounce the legality of RA 11469, or the Bayanihan to Heal as One Act, Presidential
Proclamations Nos. 922 and 929, arrangement of 2020, and the Omnibus Guidelines on the
Implementation of the Community Quarantine in the Philippines for excessive exercise of
appointed administrative force. On March 8, 2020, Proclamation No. 922 was given by President
Duterte pronouncing a State of Public Health Emergency all through the nation because of
COVID-19. On March 16, 2020, the President gave Proclamation No. 929 proclaiming a State of
Calamity all through the country and forcing an Enhanced Community Quarantine all through
Luzon starting 12 PM until April 12, 2020, except if prior lifted or reached out as conditions may
warrant.

On March 24, 2020, Congress ordered R.A. 11469, which announced a condition of
public crisis because of the COVID-19 pandemic. A similar RA approved the President, in
accordance with Section 23 (2), Art. VI of the Constitution, to practice controls that are
fundamental and appropriate to complete the announced public arrangement. Similarly, it
required the President to present a week by week report to Congress of all demonstrations
performed according to the law, and that the law will be in full power and impact just for a
quarter of a year, except if stretched out by Congress, and that the forces allowed by the law
might be removed sooner by Congress or finished by Presidential Proclamation.

On April 29, 2020, the IATF gave the Omnibus Guidelines on the Implementation of the
Community Quarantine in the Philippines, which was endorsed by respondents. In his appeal,
Ibanez told the SC that RA 11469, under the expression "for different purposes," allowed the
President administrative authority past what is essential and appropriate to meet the announced
strategy in the law. Administrative ability to make laws is vested in Congress. The President is
just entrusted to execute the law. Henceforth, it is an unjustifiable designation of authoritative
force and usurpation of the equivalent, when the President gave Proclamation No. 922 and 929,
lacking administrative power and rules passed by Congress in a circumstance of public crisis.

Simultaneously, Ibanez likewise requested that the SC cancel Executive Order No. 112
on Enhanced Community Quarantine (ECQ), and the IATF Resolution No. 37 which set Metro
Manila under the changed ECQ (MECQ). He contended that the IATF has no legitimate assigned
administrative position to give its Omnibus Guidelines on the Implementation of the local area
isolate in the country. He said that the IATF's rules on the limitation on the option to travel is
over the edge, irrational, and discretionary.

He likewise said the IATF disregarded the equivalent insurance and fair treatment
conditions in the Constitution when it isolated all people, including the individuals who are not
tired of COVID-19. He brought up that the RA 11469 covered just COVID-19 patients, people
under scrutiny, and individual under checking. Bolting or putting people who are not COVID-19

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patients and so forth, and put them to isolate region with limitless period, is a finished dismissal
of the shields typified in the Bill of Rights.

Republic Act No. 11469 is illegal for giving the President authoritative position to
practice power other than what is needed and appropriate to do the pronounced public
arrangement. Administrative ability to make laws is vested in Congress and the President is
simply entrusted to execute the law. The Congress held a unique meeting last March to support
the Bayanihan Law. The measure awards Duterte the ability to reshuffle the reserve funds inside
the 2020 General Appropriations Act to address the emergency.
Ibanez' appeal likewise requested to invalidate the omnibus rules on local area isolate
saying that the Inter-Agency Task Force has no authoritative position to give one. The ability to
create laws can not be appointed. The IATF has no ability to characterize the law on isolate, sets
its own boundaries and limitations and to try and design the Modified Enhanced Community
Quarantine as indicated by its own peculiar definition.
Segment 15 of the 1987 Constitution gives that the State will secure and elevate the
privilege to strength of individuals. With this, Executive Order 168 commands the IATF to think
of measures to shield everybody from any arising irresistible infections and this incorporates
isolate strategies. Moreover, Ibañez noticed that the said announcements by the public authority
couldn't fill their need of securing individuals and advancing wellbeing. He added that setting
individuals other than the contaminated ones under isolate is an infringement of the Bill of
Rights of the 1987 Constitution.
To incorporate people or people not covered by law and put them into local area
disengagement or isolate isn't just past the extent of the administrative approach of the R.A.
11469 yet in addition interferes and overburdens people right to freedom and to property
including the option to work. Duterte initially requested a lockdown in Luzon last March to
alleviate the spread of COVID-19 diseases. Metro Manila and different zones are at present
under a more loosened up broad local area isolate since June 1. The Bayanihan Law is just
substantial until June 24, 2020 and legislators are right now pondering if to broaden it.

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III. Scope

The law gives the President of the Philippines the ability to actualize brief crisis measures
to react to the emergency achieved by COVID-19, for example, receiving and executing
measures, which depend on World Health Organization rules and best practices, to forestall or
smother further transmission and spread of COVID-19 through training, identification, assurance
and treatment; rushing the accreditation of testing units; encouraging brief testing of Person
Under Investigation (PUIs) and Persons Under Monitoring (PUMs) just as the quick required
segregation and treatment of patients, the cost of which will be undertaken by the National
Health Insurance Program of the Philippine Health Insurance Corporation.
Likewise it gives the arrangement of giving a crisis sponsorship adding up to 5,000 pesos
(₱5,000.00) to 8,000 pesos (₱8,000.00) to low pay families dependent on winning provincial the
lowest pay permitted by law rates; furnishing all general wellbeing laborers with COVID-19
unique danger stipend; guiding the Philippine Health Insurance Corporation to bear all clinical
costs of public and private wellbeing laborers identified with openness to COVID-19 or any
business related injury or sickness during the pandemic crisis; giving a remuneration of 100,000
pesos (₱100,000.00) to public and private wellbeing laborers who contract serious COVID-19
contamination while playing out their obligations and a pay adding up to 1,000,000 pesos
(₱1,000,000.00) will be given to public and private wellbeing laborers who will pass on in light
of COVID-19;ensuring that all nearby government units stick to all the principles, guidelines and
orders gave by the public government as for this law just as execute local area isolate predictable
with the norms the public government has set down.
The need is coordinating the activity of any exclusive emergency clinics, clinical and
wellbeing offices and different foundations to house wellbeing laborers, fill in as isolate zones
and focuses, clinical alleviation, help circulation areas and brief clinical offices gave that the
administration and activity of these foundations or offices will in any case be with the
proprietors, in any case, outlandish refusal of the foundation or the office to work for this reason
may mean take over of the President of the Philippines on the tasks of this foundation or office
with the limits and protects expressed in the Constitution; guiding public transportation to ship
wellbeing, crisis and bleeding edge staff just as others gave that the administration and activity of
this undertaking will in any case be with the proprietor; upholding measures against storing,
exploitative, harmful hypotheses, control of costs, item duplicities, cartels, syndications or
different mixes to limitation exchange or influence the stock, circulation and development of
food, attire, cleanliness and sterilization items, medication and clinical supplies, fuel, manures,
synthetic substances, building materials, actualizes, apparatus gear and extra parts for
agribusiness, industry and other fundamental administrations; acquiring of merchandise and
ventures for social improvement measures, in the most speedy way through exceptions from
Republic Act No. 9184 or the Government Procurement Reform Act and other significant laws.

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The renting of genuine property or scene for use to house or fill in as isolate focuses,
clinical alleviation and help dissemination areas or impermanent clinical offices, in the most
speedy way through exceptions from Republic Act No. 9184 and other applicable laws; joining
forces with the Philippine Red Cross in offering help to individuals; employing impermanent
Human Resources for Health (HRH), who will get fitting remuneration, remittances and risk
obligation pay, to supplement or enhance the current wellbeing labor force or to man the brief
clinical offices; guaranteeing accessibility of credit particularly in the field by bringing down the
viable loaning paces of revenue and hold prerequisites of loaning foundations; installment of
expenses, charges and different charges legally necessary; coordinating all private and public
banks, semi banks, financing organizations, loaning organizations and other monetary
establishments, including the Government Service Insurance System, Social Security System and
Pag-ibig Fund to actualize a beauty time of 30 days, least, for the installment of all advances
falling due inside the upgraded local area isolate without interests, punishments, charges or
different charges.
This demonstration additionally institutes for accommodating at least 30 days beauty
period on private rents falling due inside the time of the upgraded local area isolate without
revenue, punishments, expenses and different charges; actualizing an extended and improved
Pantawid Pamilya Pilipino Program and giving a help program through the Department of Social
Welfare and Development and the Department of Labor and Employment; and lifting the 30%
cap on the sum for the brisk react reserve as accommodated in Republic Act No. 10121 or the
"Philippine Disaster Risk Reduction and Management Act of 2010" during the condition of
public crisis because of COVID-19.
The President of the Philippines will present a week after week report to Congress, each
Monday, all things considered, accomplished for this law including the sum and comparing
usage of assets. The Congress will frame a Joint Congressional Oversight Committee comprising
of four individuals each from the Senate and the House of Representatives who are selected by
the Senate President and the House Speaker.
Under this law, a punishment of two months detainment or a fine of at least 10,000 pesos
(₱10,000.00) however not more than 1,000,000 pesos (₱1,000,000.00) or both will be dispensed
to offenses that are said completely in the said act.
Some P53 billion will be utilized to help medical care laborers, as per the Department of
Health. Of this, P4.5 billion will be for field clinics, the development of public medical clinic
limit, and to give residences inside 12 Covid reference medical clinics where frontliners can rest
in the middle of shifts.Over P2 billion will go to bearing medical services laborers'
transportation, facilities, and food.
On the off chance that a medical services laborer gets contaminated and becomes sick
because of COVID-19 while playing out their appointed assignments, pay will be given. The
P0.27-billion allotment will cover all medical services laborers who contracted COVID-19 from
February 1 onwards. In particular, arrangements for a contaminated medical care specialist will

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be P15,000 for mellow or moderate cases, P100,000 for extreme or basic disease, and P1 million
in case of death.

The Bayanihan 2 Act gives that the sum ofP13 billion for money for-work projects, and
joblessness or compulsory partition help for uprooted laborers, consultants, the independently
employed, and abroad Filipino specialists influenced by the public authority's organization
boycott. Likewise that P39.5 billion for capital mixtures to government monetary foundations
(GFIs), of which P5 billion is for the credit ensure program; P18.4 billion for the Land Bank of
the Philippines and P6 billion for the Development Bank of the Philippines as value imbuement
for low-premium advances for laborers and organizations influenced by the pandemic; P10
billion for the COVID-19 Assistance to Restart Enterprises or CARES program of the exchange
office's Small Business Corporation, including P6 billion for the travel industry miniature, little,
and medium endeavors (MSMEs)
This Act additionally gives P24 billion for direct money or advance loan cost
appropriations to ranchers, fisherfolk, agri-fishery ventures and cooperatives, to back the
Department of Agriculture's Plant, Plant, Plant program. This Act focuses on the measure of P6
billion for the food and job help awards to families in territories on hard lockdown through the
Department of Social Welfare and Development and P100 million for preparing and endowments
for local area experts. Besides, P4 billion is given to the travel industry, of which P1 billion is for
the travel industry framework by the Department of Public Works and Highways, and P3 billion
to help uprooted the travel industry area laborers through the Department of Labor and
Employment.
For the training area a measure of 600 million is apportioned for sponsorships and
recompenses of qualified understudies of public and tuition based schools in all levels, and low
maintenance workforce of state colleges and universities. Additionally, the measure of P300
million is given for endowments and recompenses of dislodged instructing and non-showing
staff, including low maintenance personnel, in all schools in all levels and P1 billion for the
Technical Education and Skills Development Authority's projects for uprooted laborers.
All the more critically to additionally react to these difficult occasions a measure of P10
million has been assigned to increase COVID-19 examination and inward limit with regards to
prove age. P15 million will go to setting up a computational examination research facility in the
University of the Philippines Diliman Institute of Mathematics. This will permit specialists to
perform large information investigation for COVID-19 and other pandemic exploration.

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IV. Penalized acts and Effectivity

The penalized acts for Bayanihan 1 and 2 are that nearby government authorities resisting
national government arrangements or orders in enforcing quarantines; Proprietor and holders of
privately-owned healing centers, therapeutic and wellbeing offices, counting traveler vessels, and
other foundations who outlandishly deny to function compatible to the mandate of the President;
Locks in in accumulating, profiteering, harmful hypotheses, control of costs, item double
dealings, and cartels, restraining infrastructures or other combinations in restriction of exchange
and the likes thereof; Refusal to prioritize and acknowledge contracts for materials and
administrations essential to advance the in this declared national approach; Refusal to supply
thirty-day elegance periods on the installment of credits and private rents falling due inside the
period of the improved community isolate without incurring interests and other extra charges as
expressed within the full content of the laws. People or bunches making, executing or spreading
wrong data with respect to the COVID-19 emergency on social media and other stages.
Failure to comply with sensible impediments on the operation of certain transportation
division or divisions, whether arrive, ocean or discuss, be it private or open; and Hindering get to
to streets, lanes, and bridges, putting up disallowed infringements or deterrents; and upkeep of
unlawful developments in open places that have been requested to be evacuated. The prior
offenses should be culpable with detainment of two (2) months or a fine of not less than Ten
Thousand Pesos (P10, 000.00) but not more than One Million Pesos (P1, 000, 000.00), or both,
such detainment and fine, at the caution of the court. When the said offenses are committed by a
organization, affiliation, organization or any other juridical individual, the punishment should be
forced upon its president, chiefs, supervisors, or overseeing accomplices. It can too be forced
upon those who taken part within the commission of the offense or who should have
intentionally allowed or fizzled to anticipate the commission of the same.
The end of the Republic Act (RA) 11469 or the Bayanihan to Heal as One Act is on June
25, 2020 and started on March 25, 2020. The termination of the Republic Act (RA) 11494 or the
Bayanihan to Recover as One Act is on December 31, 2020 and started on October 1, 2020.

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BIBLIOGRAPHY

Ager, M. (2020, March 24). Poor families to get up To P8,000 cash subsidy FROM COVID-19
bill. Retrieved February 09, 2021, from https://newsinfo.inquirer.net/1247244/poor-
families-to-get-up-to-p8000-cash-subsidy-from-covid-19-bill

Congress of the Philippines (2020) Bayanihan Heal as One Act. Retrieved February 05, 2021,
from https://www.officialgazette.gov.ph/downloads/2020/03mar/20200324-RA-11469-
RRD.pdf

Congress of the Philippines (2020) Bayanihan Recover as One Act. Retrieved February 05, 2021,
from https://www.officialgazette.gov.ph/downloads/2020/09sep/20200911-RA-11494-
RRD.pdf

Dalanao, V., Veneracion, C., & Medina, N. (n.d.). What are the Acts penalized Under R.A. No.
11469 or the "Bayanihan to heal as One act" or "Bayanihan Law"? Retrieved February 09,
2021, from https://platonmartinez.com/articles/what-are-the-acts-penalized-under-r-a-no-
11469-or-the-bayanihan-to-heal-as-one-act-or-bayanihan-law

Delon Porcalla, P. (2020, March 24). Congress grants Duterte COVID Standby powers.
Retrieved February 09, 2021, from
https://www.philstar.com/headlines/2020/03/24/2002989/congress-grants-duterte-covid-
standby-powers

Gita-Carlos, R. (2020, June 06). Bayanihan law effective until june 25: Palace. Retrieved
February 09, 2021, from https://www.pna.gov.ph/articles/1105145

GOVPH (2020, October 8). Retrieved February 09, 2021, from https://apps002.sec.gov.ph/covid-
19-faq/on-the-implementation-of-republic-act-no-11494-otherwise-known-as-the-
bayanihan-to-recover-as-one-act-and-other-prevailing-rules-during-the-covid-19-
pandemic/

Julie M. Aurelio, L. (2020, May 29). Senate moves to extend BAYANIHAN LAW, EXPAND
Duterte powers. Retrieved February 09, 2021, from
https://newsinfo.inquirer.net/1282837/senate-moves-to-extend-bayanihan-expand-duterte-
powers

Mercado, N. (2020, March 24). House OKs bill granting duterte 'NECESSARY' powers due To
COVID-19 Crisis. Retrieved February 09, 2021, from
https://newsinfo.inquirer.net/1246872/house-approves-bill-declaring-national-emergency-
due-to-coronavirus

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Mike Navallo, A. (2020, March 24). COVID-19 crisis: How PRESIDENT DUTERTE'S
emergency powers bill morphed in 36 hours. Retrieved February 09, 2021, from
https://news.abs-cbn.com/news/03/24/20/covid-19-crisis-how-president-dutertes-
emergency-powers-bill-morphed-in-36-hours

Ndvlaw. (2020, May 11). What are the offenses punishable under Republic Act No. 11469 or the
Bayanihan to heal as ONE Act?: Law firm in Metro manila, Philippines: Corporate,
Family, IP law, and litigation lawyers. Retrieved February 09, 2021, from
https://ndvlaw.com/what-are-the-offenses-punishable-under-republic-act-no-11469-or-the-
bayanihan-to-heal-as-one-act/

Panaligan, R. (2020, July 1). SC junks petition vs Bayanihan to Heal as One Act. Retrieved
February 09, 2021, from https://mb.com.ph/2020/07/01/sc-junks-petition-vs-bayanihan-to-
heal-as-one-act/

Parrocha, A. (2020, March 22). Duterte seeks 'MORE powers,' urgent measures vs. covid-19.
Retrieved February 05, 2021, from https://www.pna.gov.ph/articles/1097429

Patag, K. (2020, March 25). During state of emergency, 'BAYANIHAN' Act allows
imprisonment For 'FALSE INFORMATION'. Retrieved February 04, 2021, from
https://www.philstar.com/headlines/2020/03/25/2003374/during-state-emergency-
bayanihan-act-allows-imprisonment-false-information

Ranada, P. (2020, September 12). Duterte signs BAYANIHAN 2 law that extends his special
powers. Retrieved February 09, 2021, from https://www.rappler.com/nation/duterte-signs-
bayanihan-2-law-extending-his-special-powers

Staff of CNN PH (2020, June 2). Lawyer challenges constitutionality of Bayanihan Law.
Retrieved February 09, 2021, from
https://www.cnnphilippines.com/news/2020/6/2/Lawyer-challenges-Bayanihan-Law.html

Staff of CNN PH.(2020, March 24). Senators seek ₱1-M death benefit; ₱100k aid for COVID-
infected health workers. Retrieved February 09, 2021, from
https://cnnphilippines.com/news/2020/3/24/COVID-19-health-workers-1-million-death-
100k-assistance-Senate-bill-power.html

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