LEGAL MEMORANDUM

RE:
REGULATION OF FACE TO FACE CLASSES UNDER
DIFFERENT ALERT LEVELS IMPOSED BY THE INTER-
AGENCY TASK FORCE (IATF)

Since the start of the pandemic which totally changed the

lives of the Filipinos, the Inter-Agency Task Force (IATF) has
been working hand-in-hand with different local government
units (LGUs) to ensure systematic declaration of restrictions to
the different provinces, cities, and municipalities in response
to the Coronavirus Disease 2019 (COVID-19). As stated under
Section 2 of Executive Order No. (E.O.), (s. 2020), “provincial
governors shall be authorized to impose, lift or extend the
Enhanced Community Quarantine (ECQ) in component cities
and municipalities upon the concurrence of the relevant
regional counterpart body of the Inter-Agency Task Force for
the Management of Emerging Infectious Diseases (IATF).
Mayors of cities and municipalities are likewise authorized to
impose, lift or extend ECQ in barangays, upon the
concurrence of the relevant regional counterpart body of the
IATF; provided, that this is without prejudice to the authority
of the IATF to directly impose, lift or extend ECQ in these
areas should circumstances call for it”.(Guidelines On The
Nationwide Implementation Of Alert Level System For Covid-19
Response, 2022)
By virtue of Executive Order No. 151 (s.2021), which was
issued on 11 November 2021, the Alert Level System has been
approved and implemented nationwide.

Nationwide Implementation of Alert Level System for

COVID-19 Response
“Alert Level 5 - refers to areas wherein case counts are
alarming, with total bed utilization rate and intensive care
unit utilization rate at critical utilization.

Face-to-face or in-person classes at all levels shall be

suspended. The education sector shall operate in accordance
with the guidelines of the Commission on Higher Education

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(CHED) for higher education, Technical Educational and Skills
Development Authority (TESDA) for technical vocational
education and training, and Department of Education (DepEd)
for basic education.” (Par. 8, Sec. 2, Part I, Guidelines On The
Nationwide Implementation Of Alert Level System For Covid-
19 Response, 2022)
“Alert Level 4 - refers to areas wherein case counts are high
and/or increasing, with total bed utilization rate and
intensive care unit utilization rate at high utilization.

The following establishments and/or activities characterized

as high-risk for transmission shall not be allowed to operate,
or be undertaken in areas classified under Alert Level 4:

a. Face to face or in-person classes for basic education, except

those approved by the IATF and/or the Office of the President;

b. Face-to-face or in-person classes for higher education

or for technical, vocational education and training,
except those approved by the IATF and/or the Office of the
President.” (Par. 3a and 3b, Sec. 3, Part I, Guidelines On The
Nationwide Implementation Of Alert Level System For Covid-
19 Response, 2022)
“Alert Level 3 - refers to areas wherein case counts are high
and/or increasing, with total bed utilization rate and
intensive care unit utilization rate at increasing utilization.

The following establishments, or activities, shall be allowed to

operate or be undertaken at a maximum of 30% indoor
venue capacity for fully vaccinated individuals only
and 50% outdoor venue capacity. Provided that all on-site
workers/employees of these establishments, and organizers
of activities are fully vaccinated against COVID-19 and MPHS
shall be strictly maintained. Provided further, that there is no
objection from the LGU where these activities may take place.

g. Limited face-to-face or in-person classes for higher

education and for technical-vocational education and
training.” (Par. 3g, Sec. 4, Part I, Guidelines On The
Nationwide Implementation Of Alert Level System For Covid-
19 Response, 2022)
“Alert Level 2 - refers to areas wherein case transmission is
low and decreasing, healthcare utilization is low, or case
counts are low but increasing, or case counts are low and
decreasing but total bed utilization rate and intensive care
unit utilization rate is increasing.

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The following establishments, or activities, shall be allowed to
operate, or be undertaken at a maximum of 50% indoor
venue capacity for fully vaccinated individuals and
those below 18 years of age, even if unvaccinated, and
70% outdoor venue capacity. Provided, that all on-site
workers/employees of these
establishments, or organizers of activities are fully vaccinated
against COVID-19 and MPHS shall be strictly maintained.
Provided further, that there is no objection from the LGU
where these activities may take place.

h. Limited face-to-face or in-person classes for higher

education and for technical-vocational education and
training.” (Par 3h, Sec. 5, Part I, Guidelines On The
Nationwide Implementation Of Alert Level System For Covid-
19 Response, 2022)
“Alert Level 1 - refers to areas wherein case transmission is
low and decreasing, total bed utilization rate, and intensive
care unit utilization rate is low.

B. All public and private establishments, organizers of

events, and local governments shall implement the following
protocols:

1. Administrative controls.
a. All private offices and workplaces, including public and
private construction sites, may operate at full 100%
capacity (consistent with national issuances on vaccination
requirements for on-site work). However, they may continue to
provide flexible and alternative work arrangements as
deemed appropriate based on function or individual risk.”
(Par. B1a, Sec. 6, Part I, Guidelines On The Nationwide
Implementation Of Alert Level System For Covid-19 Response,
2022)

These guidelines under alert level system shall facilitate

the different restrictions relating to face-to-face classes.

Legal Education Board’s Guidelines in the conduct of

Limited Face-to-Face Classes
In relation to the new IATF guidelines, the Legal
Education Board (LEB) issued special guidelines in the
conduct of limited face-to-face classes by Legal Education
Institutions (LEIs). Such guidelines are consistent with the

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IATF guidelines to ensure coherent implementation of the face-
to-face classes.
Paragraph 4.1.1, Section 4 of the Legal Education Board
Memorandum Circular No. 102, Series of 2022 states that “it
is within the discretion of the LEIs to decide when they intend
to conduct limited face-to-face classes during the pandemic.
LEIs may choose not to conduct limited face-to-face classes,
but shall continue to implement flexible learning. LEIs in
areas under Alert Levels 1 to 3 may conduct limited face-to-
face classes during the COVID-19 pandemic provided that “(1)
there is a submission of a certificate of compliance and a self-
assessment checklist, and (2) there is also continued
compliance with policies of IATF, minimum public health
standards and COVID-19 related protocols of the DOH, LGUs,
and other relevant government agencies.”(Par. 2.1, Sec. 2 of the
Legal Education Board Memorandum Circular No. 102, Series of
2022) However, LEIs in areas under Alert Levels 4 to 5 “shall
not be given authority to conduct limited face-to-face during
the COVID-19 pandemic.(Par. 2.2, Sec. 2 of the Legal
Education Board Memorandum Circular No. 102, Series of
2022)
In case a locality is reclassified from a lower alert level to
a higher alert level, either alert level 4 or 5, “affected LEIs shall
automatically suspend the implementation of the limited face-
to-face classes. They shall revert back to implementing flexible
learning.” (Par. 4.2.3, Sec. 4 of the Legal Education Board
Memorandum Circular No. 102, Series of 2022)

Current Situation in Local Government Unit – Naga City

Beginning March 01, 2022, the City Government of Naga
has been put under Alert Level 1 by the Inter-Agency Task
Force (IATF). The incumbent mayor has eased restrictions by
allowing 100% full capacity to the different public and private
establishments. (Executive Order (EO) No. 2022-009) However,
the said executive order has no mention of limited face-to-face
classes. The Sangguniang Panlungsod of Naga City has not yet
issued an ordinance with regard face-to-face classes; thus,
IATF guidelines and other guidelines from different
government agencies and instrumentalities shall govern the
same in relation to the different alert levels.

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