Bayanihan to Heal As One Act (Republic Act No. 11469)

(a) Following World Health Organization guidelines and best practices, adopt and implement measures to prevent or suppress further transmission and spread of COVID-19 through effective education, detection, protection, and treatment;

(b) Expedite and streamline the accreditation of testing kits and facilitate prompt testing by public and designated private institutions of PUis and PUMs, and the compulsory and lmmediate isolation and treatment of patients: Provided, That the cost of treatment for COVID-19 patients shall be covered under the National Health Insurance Program of the Philippine Health Insurance Corporation;

(c) Provide an emergency subsidy to around eighteen (18) million low income households: Provided, That the subsidy ~hall amount to a minimum of Five thousand pesos (P5,000.00) to a maxlmum of Eight thousand pesos (P8,000.00) a month for two (2) months: Provided, further, That the subsidy shall be computed based on the prevailing regional minimum wage rates: Provided, finally, That the subsidy r eceived from the current conditional cash transfer program and rice subsidy shall be taken into consideration in the computation of the emergency subsidy as provided for in this Act· ' (d)_ ~nsure that all public health workers are protected ?Y pro~ding them with a "COVID-19 special risk allowance", : addit~on t;o the hazard pay granted under the Magna Carta Public Health Workers or Republic Act No. 7305; (e) Direct the Philippine (Phi1Health • H e_a1t h Insurance Corporation private heal) to should~r all medical expenses of public and wo k 1 th _w orkers m case of exposure t;o COVID-19 or any e~re -re ated mjury or disease during the duration of the rgency; 4 (f) Provide compensation of One hundred thousand . . pesos (Pl00,000.00) to public and private health workers who contract severe COVID-19 infection while in the line of dm:~ Provided, further, That a compensation of One milli'on Pu y. . esos (Pl,000,000.00) shall be given to public and private health work~rs, w~o may die w~e fighting the COVID-19 pandemic: Provided, finally, That this shall have retroactive application from February 1, 2020; (g) Ensure that all Local Government Units (LGUs) are acting within the letter and spirit of all the rules, regulations and directives issued by the National Government pursuant to this Act; are implementing standards of Community Quarantine consistent with what the National Government has laid down for the subject area, while allowing LGUs to continue exercising their autonomy in matters undefined by the National Government or are within the parameters it has set; and are fully cooperating towards a unified, cohesive and orderly implementation of the national policy to address COVID-19: Provided, That all LGUs shall be authorized to utilize more than five percent (5%) of the amount allocated for their calamity fund subject to additional funding and support from the National Government; (h) Consistent with Section 17, Article XII of the Constitution, when the public interest so requires, direct the operation of any privately-owned hospitals and medical and health facilities including passenger vessels and, other establishments to house health workers, serve as quai·antine areas, quarantine centers, medical relief and aid distributio_n locations, or other temporary medical facilities; and pu~lic transportation to ferry health, emergency, and fi·ontline personnel and other persons: Provided, however, !hat th~ management and operation of the foregoing enterprises si;; be retained by the owners of the enterprise, who shall re~ edr . a full accounting to the P res1.d ent or h 1s . duly authorize . . representative of the operations of the u tility . or busmess as That basis for appropriate compensation: Provided, fur ther, t ddi • I damage or cos s reasonable compensation for any a tiona t incurred by the owner or the possessor o~ th~ Subje~ trop~~~ solely on account of complying with the directive sh e g1 5 to the person entitled to the possession of such p · t • b . riva e properties or usinesses after the situation has stabilized h • . bl or at t e soonest time practica e: Provided, finally, That if the foregoing enterprises unjustifiab~y refus~ or signify that they are no longer capable of operating their enterprises for the purpose stated herein, the President may take over their operations subject to the limits and safeguards enshrined in the Constitution; (i) Continue to enforce measures to protect the people from hoarding, profiteering, injurious speculations, manipulation of prices, product deceptions, and cartels, monopolies or other combinations in restrajnt of trade, or other pernicious practices affecting 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 required in agriculture, industry and other essential services, and other articles of prim.e necessity, whether imported or locally produced or manufactured; (j) Ensure that donation, acceptance and distribution of health products intended to address the COVID-19 public health emergency are not unnecessarily delayed and that health products for donation duly certified by the regulatory agency or their accredited third party from countries with established regulation shall automatically be cleared: Provided, That this shall not apply to health products which do not require a certification or clearance from Food and Drug Administration (FDA); (k) Undertake the procurement of the following as the need arises, in the most expeditious manner, as exemptions from the provisions of Republic Act No. 9184 or the "Government Procurement Reform Act'' and other relevant laws: (I) Goods, which may include personal protective equipment such as gloves, gowns, masks, goggles, face shiel~s; surgical equipment and supplies; laboratory equipment and its reagents; medical equipment and devices; support and 6 maintenance for laboratory and medical equipment, surgical equipment a nd supplies; medical supplies, tools , and consumables such as alcohol, sanitizers, tissue, thermometers, hand soap, detergent, sodium hydrochloride, cleaning materials, povidone iodine, common medicines (e.g., paracetamol tablet and suspension, mefenamic acid, vitamins tablet and suspension, hyoscine tablet and suspension, oral rehydration solution, and cetirizine tablet and suspension); testing kits, and such other supplies or equipment as may be determined by the DOH and other relevant government agencies: Provided, That the DOH shall prioritize the allocation and distribution of the aforesaid goods, supplies and other resources to the following: i. Public health facilities in the regions, provinces, or cities, that are designated as COVID-19 referral hospitals, such as, but not limited to, Philippine General Hospital, Lung Center of the Philippines, and Dr. J ose N. Rodriguez Memorial Hospital; ii. Private hospitals which have existing capacities to provide support care and treatment to COVID-19 patients; and iii. Public and private laboratories that have existing capacities to test suspected COVID-19 patients. (2) Goods and services for social amelioration measures in favor of affected communities; (3) Lease of real property or venue for use to house health workers or serve as quarantine centers, medical relief and aid distribution locations, or temporary medical facilities; (4) Establishment, construction, and operation of temporary medical facilities; (5) Utilities, telecommunications, and other critical services in: relation ration of quarantine centers, medical relief and aid dis .. • n centers and temporary medical facilities; and s related to the foregoing. 7 (1) Partner with the Philippine Red Cross, as the primary humanitarian agency that is auxiliary to the government in giving aid to the people, subject to reimbursement, in the distribution of goods and services incidental in the fight against COVID-19; (m) Engage temporary Human Resources for Health (HRH) such as medical and allied medical staff to complement or supplement the current health workforce or to man the temporary medical facilities to be established in accordance with Section 4 k(4) of this Act: Provided, That HRH to be hired on temporary basis shall receive the appropriate compensation and allowances: Provided, further, That all HRH serving in the front line during the state of calamity due to COVID-19, shall receive an actual hazard duty pay from the government; • (n) Ensure the availability of credit to the productive sectors of the economy especially in the countryside through measures such as, but not limited to, lowering the effective lending rates of interest and reserve requirements of lending institutions; (o) Liberalize the grant of incentives for the manufacture or importation of critical or needed equipment or supplies for the carrying-out of the policy declared herein, including healthcare equipment and supplies: Provided, That importation of these equipment and supplies shall be exempt from import duties, taxes and other fees; (p) Ensure the availability of essential goods, in particular food and medicine, by adopting measures as may reasonably be necessary to facilitate and/or minimize disruption to the supply chain, especially for basic commodities and services to the maximum extent possible; (q) Require businesses to prioritize and accept contracts, subject to fair and reasonable terms, for materials and services necessary to promote the herein declared national policy; 8 (r) Regulate and limit the operation of all sectors of transportation through land, sea or air, whether private or public; (s) Regulate traffic on all roads, streets, and bridges, and access thereto; prohibit putt ing up of en croachments or obstacles; authorize the removal of en croachments and illegal constructions in public places; and perform all other related acts; (t) Con tinu e t o a uthori ze alternative working arrangements for employees and workers in the Executive Branch, and wh e n ever it b ecomes nece ssary, in other independent branches of government and constitutional bodies, a nd t h e private sector ; It (u) Conserve and regulate the distribution and use of power , fuel, energy and water, and ensure adequate supply of the same; (v) Notwithstanding any law to the contrary, direct the discontinuance of appropriated programs, projects or activities (P/AJP) of any agency of the Executive Department, including government-owned or -controlled corporations (GOCCs), in the FYs 2019 and 2020 General Appropriations Act (GAA), whether released or unreleased, the allotments for which remain unobligated, and utilize the savings generated therefrom to augment the allocation for any item directly related to support operations and response measures, which are necessary or beneficial in order to address the COVID-19 emergency, consistent with the herein declared national policy: Provided, however, That the following items in the budget shall be prioritized for augmentation: (1) Under the Department of Health - operational budgets of government hospitals, primarily those identified for treatment of COVID-19; prevention and control of other infectious diseases; emergency preparedness and response; quick response fund; (2) Under the University of the Philippines - the i~:~ operational budget of the Philippine General Hospital; 9 (3) The National Disaster Risk Reduction Fund or calamity fund; ( 4) Programs of the Department of Labor and Employment, such a s but not limited to Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced Workers and COVID-19 Adjustment Measures Program (CAMP); (5) Under the Department of Trade and Industry - Livelihood Seeding Program and Negosyo Serbisyo sa Barangay; (6) Under the Department of Agriculture - Rice Farmers Financial Assistance Program; • • (7) Under the Department of Education - School-Based Feeding Program; (8) Under various Department of Social Welfare and Development programs, such as but not limited to Assistance to Individuals in Crisis Situations (AICS), distribution of food and non-food items, livelihood assistance grants, and supplemental feeding program for daycare children; (9) Under allocations to local government units; (10) Quick Response Funds lodged in the various relevant departments, such as, but not limited to the DOH and DSWD. Notwithstanding the provisions of this Act, the discontinued program, activity or project may be revived at any time after the national emergency has ceased, and notwithstanding Section 67 of Republic Act No. 11465 or the "General Appropriations Act of 2020", may be 1·evived and proposed for funding within the next two (2) fiscal years; (w) Any unutilized or unreleased balance in a special purpose fund, as of the date of declaration of a State of Emergency, shall be considered to have their purpose abandoned for the duration of the State of Emergency. All such unspent, unutilized or unreleased money or funds sourced 10 from collections or receipts, including future coll t· • receipts, s hall b ·1• d ec ions e utJ 1ze and are hereby appropriated £ and ddr . or such measures to a ess the COVID-19 situation and . . . accomp1ish the declared national policy her ein; (x) Notwithstanding . any law to the contrary, re program reallocate, and realign from savings on other it r' . . . h FY ems o appropr1at1ons 1n t e 2020 GAA in the Executive Department, as may be necessary and beneficial to fund measures that address a nd r esp ond to the COVID-19 emergency, including soci a l a melioration for affected communities, and the recovery of areas, sectors and industries severely affected. All amounts so reprogrammed, reallocated or realigned shall be deemed automatically appropriated for such measures to address the COVID-19 situation within the period specified under Section 9 hereof; (y) . Notwithstanding any law to the contrary, the President is h ereby authorized to allocate cash, funds, investments, including unutilized or unreleased subsidies and transfers, held by any GOCC or any national government agency in order to address the COVID-19 emergency, as declared in Section 3 hereof; (z) Move statutory deadlines and tlrnelines for the filing and submission of any document, the payment of taxes, fees, and other charges required by law, and the grant of any benefit, in order to ease the burden on individuals under Community Quarantine; (aa) Direct all banks, quasi-banks, financing companies, lending companies, and other financial institutions, public and private, including the Government Service Insurance System, Social Security System and Pag-ibig Fund, to implement a minimum of a thirty (30)-day grace period for the payment of all loans including but not limited to salary, personal, housing, a~d motor vehicle loans, as well as credit card payments, falling due within the period of the enhan~ed Community Quarantine without incurring interests, penalties, fees or other charges. persons with multiple loans shall Jike~ise be given the minimum thirty (30)-day grace period for every loan; II (bb) Provide for a minimum of thirty (30)-day grace period on residential rents falling due within the period of the enhanced community quarantine, without incurring interests, penalties, fees, and other charges; (cc) Implement an expanded and enhanced Pantawid Pamilya Pilipino Program, responsive to the need posed by the crisis, and provision of an assistance program, whether in cash or non-cash, whichever is more practicable, where the Secretary of Social Welfare and Development, or the Secretary of Labor and Employment, when relevant, shall transfer cash; cash voucher, or goods through the LGUs or directly to households who have no incomes or savings to draw from, including households working in the informal economy and those who are not currently recipients of the current Pantawid Pamilya Pilipino Program, of an amount adequate to restore capacity to purchase basic food and other essential items during the duration of the quarantine. To carry out this subsection, the Secretary of the Department of Social Welfare and Development and the Secretary of the Department of Labor and Employment may approve the temporary emergency standards of eligibility and level of benefits. (dd) Lift the thirty percent (30%) cap on the amount appropriated for the quick response fund, as provided for in Republic Act No. 10121 or the "Philippine Disaster Risk Reduction and Management Act of 2010'', during the existence of the state of national emergency due to COVID-19; (ee) Undertake such other measures as may be reasonable and necessary to enable the President to carry out the declared national policy subject to the Bill of Rights and other constitutional guarantees. SEC. 5. Reports to Congress and Creation of an Oversight Committee. - The President, during Monday of every week, shall submit a weekly report to Congress of all acts performed pursuant to this Act during the immediately preceding week. The report shall likewise include the amount and corresponding utilization of the funds used, augmented, reprogrammed, reallocated and realigned pursuant to this Act. 12 For this purpose, the Congress shall establish a Joint Congressional Oversight Committee composed of four (4) members of each house to be appointed by the Senate President and the House Speaker, respectively. This Committee shall determine whether such acts, orders, rules and regulations are within the restrictions provided herein. SEC. 6. Penalties. - In addition to acts or omissions already penalized by existing laws, the following offenses shall be punishable with imprisonment of two (2) months or a fine of not less than Ten thousand pesos (Pl0,000.00) but not more than One million pesos (Pl,000,000.00), or both, such imprisonment and fine, at the discretion of the court: (a) LGU officials disobeying national government policies or directives in imposing quarantines; (b) Owners and possessors of privately-owned hospitals, medical and health facilities, including passenger vessels, and other establishments who unjustifiably refuse to operate pursuant to the directive of the President; (c) Engaging in hoarding, profiteering, injurious speculations, manipulation of prices, product deceptions, and cartels, monopolies or other combinations in restraint of trade, or other pernicious practices affecting 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 required in agriculture, industry and other essential services, and other articles of prime necessity, whether imported or locally produced or manufactured;

(d) Refusal to prioritize and accept contracts for materials and services necessary to promote the herein declared national policy;

(e) Refusal to provide thirty (30)-day grace periods provided under Section 4 • ' 13

(f) Indivi_duals o~ groups creating, perpetrating, or spreading false information regarding the COVID-19 crisis on social media and other platforms, such information having no valid or beneficial effect on t~e population, and are clearly geared to promote chaos, pamc, anarchy, fear, or confusion· and those participating in cyber incidents that make use 0; take advantage of the current crisis situation to prey on the public through scams, phishing, fraudulent emails, or other similar acts;

(g) Failure to comply with reasonable limitations on the operation of certain transportation sectors or sectors, whether land, sea or air, be it private or public; and

(h) Impeding access to roads, streets and bridges; putting- up prohibited encroachments or obstacles; and maintenance of illegal constructions in public places that have been ordered to be removed; • Provided, however, That if the offender is a corporation, association, partnership or any other juridical person, the penalty shall be imposed upon the president, directors, managers, managing partners, as the case may be, who participated in the commission of the offense or who shall have knowingly permitted or failed to prevent the commission of the same. If the offender is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings: Provided, further, That if the offender is a public official or employee, he shall, in addition to the penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case may be. SEC. 7. Construction or Interpretation. - Nothing herein shall be construed as an impairment, restriction or modification of the provisions of the constitution. in case the exercise of the powers herein granted conflicts with other statutes, orders, rules or regulations, the provisions of this Act sl1all prevail. SEC. 8. Separability. - If any provision of this Act or the application of such provision to any person or circumstance is declared invalid, the remainder of this Act or the application /4 • of such provision to any other person or circumstance shall not be affected by such declaration. SEC. 9. Effectivity. - This Act shall take effect immediately upon its publication in a newspaper of general circulation or in the Official Gazette and shall be in full force and effect only for three (3) months, unless extended by Congress: Provided, That the powers granted under this Act may be withdrawn sooner by means of a concurrent resolution of Congress or ended by Presidential Proclamation. Approved, • •> ALAN ETER S. CA YETANO C. SOTTO III 'Speaker of the House Presiden\:!!_Je Senate of Representatives This Act was passed by the Senate of the Philippines as Senate Bill No. 1418 on March 23, 2020 and adopted by the House of Representatives as an amendment to House Bill No. 6616 on March 23, 2020. • c ~ '4'" ~ JOSE LUIS G. MONTALES MYRA MARJE D. VILLARJCA Secretary General Secretary of the Senate House of Representatives Approved: ~yiAR 2 4 2020 0A DUTERTE President of the Philippines REPUBLIC OF THE PHILIPPINES PRRD 2016 - 014418 f I •