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DO’s, DON’Ts and MORE on the Enhanced Community Quarantine (ECQ)

—Paolo E. Abarquez, Partner
—Aidyl Pearl U. Perez, Justine Abigail C. Sablan & Gio Raymond P. Ceniza, Associates

Do’s

  • Practice strict home quarantine.
    • Movement shall be regulated by the Local Government Units (LGU) through the issuance of Gate Passes (Quarantine Passes) to designated individuals of the household. Movement is further limited only to accessing basic necessities, and provision of food and essential services.[1]
  • Wearing of face mask is required when leaving the house.[2]
  • Observe strict implementation of curfew. Curfew hours differ per LGU.[3]
    • In the National Capital Region (NCR), cities have generally imposed a curfew from 8 p.m. to 5 a.m.
    • Curfew for cities outside the NCR will depend per LGU.
    • Special cases in San Juan and Quezon City: Those who will disobey the curfew will be charged for violating Republic Act No. 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act which may be punishable by either a fine of P20,000.00 to P50,000.00, OR jailed for one (1) to six (6) months.[4]
  • Number coding scheme is suspended indefinitely for all types of vehicles.[5]
  • Mass public transport facilities are suspended.[6]
  • Purchase of food and other necessities should only be in amounts allowed by the Government:[7]
Goods Quantity Limit per Transaction
70% Solution Antiseptic or Disinfectant Alcohol 2 pcs (regardless of volume)
Hand Sanitizer 2 pcs (regardless of size)
Bath Soap 5 bars (if individually sold)
1 pack (if sold as a pack)
Toilet Paper 10 pcs (if sold per roll)
1 pack (if sold as a pack)
Face Mask 5 pcs N88 (surgical) of any type/ brand
5 pcs N95 (industrial) of any type/ brand
Disinfectant Wipes or Towelettes (including wet wipes and baby wipes) 4 containers or packs
Locally Produced Detergent Soap Powder:
2 bundles (if sold in sachet)
2 boxes  

Bar:  
2  long bars (bareta) or its  equivalent
Toothpaste 4 tubes
Mouthwash 4  bottles
Locally Produced Instant Noodles (e.g., mami, pancit canton) 5 pcs. per type per brand
Locally Produced Canned Sardines 5 cans per type per brand (regular size)
3 cans per type per brand (big size)
Canned Regular Milk 5 cans per type per brand (small)
2 cans per type per brand (other than small)
Powdered Milk in Sachet 2 bundles per brand
Instant Coffee in Sachet 2 bundles per brand
Mineral Water 10 bottles any brand (small)
8 bottles any brand (medium)
5 bottles any brand (large)
2 bottles any brand (extra-large)
Loaf Bread 4 packs of any kind, any brand (half loaf)
2 packs of any kind, any brand (whole loaf)
Canned Pork 10 cans
Canned Beef 10 cans
Cooking Oil 4 bottles or pack
Locally Produced Condiments (e.g., soy sauce, vinegar, fish sauce) 2 bottles or packs of each type of condiment
Dried Fish 6 packs
  • In addition to other penalties, violators can be further charged with violation of the Price Act punishable with a fine ranging between Five Thousand Pesos (P5,000.00) and Two Million Pesos (P2,000,000.00) and imprisonment of not less than five (5) years, but not more than fifteen (15) years.[8]
  • Purchase only a reasonable quantity of drugs, medicines, and medical supplies.[9]
  • Imposition of liquor ban in different LGUs. Areas in the NCR that issued Liquor Ban:
  • If suspected to be infected with COVID-19, request assistance from the Department of Health (“DOH”) through the COVID-19 emergency hotlines:
    • 02-894-COVID (02-894-28643); and

Don’ts

  • All forms of mass gatherings are not allowed.[22]
  • Travel ban for all arriving passengers to the Philippines, except the following:[23]
    • Filipinos and their spouse or children;
    • Foreign crew members; and
    • Foreign government and international organization officials.
  • Creating, perpetrating, or spreading of false information regarding the COVID-19 crisis on social media and other platforms, which are clearly geared to promote chaos, panic, fear, anarchy, and confusion is not allowed.[24]            
  • Hoarding of drugs and medicines is strictly prohibited.[25]

General Penalties for Offenses Committed Under the Bayanihan To Heal As One Act[26]

  • Imprisonment 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, at the discretion of the court.
  • If the offender is a corporation, association, partnership, or any other juridical person, the penalty shall be imposed upon the president, directors, managers, and 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, in addition to the above penalties, he will be deported without further proceedings.

What to do if arrested during the ECQ

  • Check if the person making an arrest is a person with authority or a police officer.[27]
  • Inquire on the grounds of arrest.[28]
  • Ask for a copy of the arrest warrant, if there is any.
    • If there is no arrest warrant presented, a person may still be legally arrested if caught in the act of committing the crime or the punishable act.[29]
  • Always remember that every person has a right to contact a lawyer during an arrest in all circumstances.
    • If a lawyer is not available, ensure, at the very least, that somebody witnesses the arrest and have them remember the name of the person arresting you.
  • Inquire on the possibility of posting bail and coordinate with your lawyer for the determination of the proper bail amount.

Additional Relevant Information

  • Lessees have a 30-day grace period to pay residential rents that fall within the period of the ECQ.[30]
    • No additional interests, penalties, fees, and other charges shall be imposed.
    • If cumulative amount of rents fall within the Period of ECQ (more than one rental period), it shall be equally divided in the 6 months following the end of the ECQ and will be added to the rents that fall due then.
    • Lessors cannot evict a tenant for failure to pay within the 30-day period after the lifting of the ECQ.
  • Borrowers of all loans extended by covered institutions[31] with principal and/or interest falling due within the ECQ Period are entitled to avail of a mandatory 30-day grace period without incurring interest on interest, penalties, fees and other charges.[32]
    • This includes credit card payments and pawnshop loans.[33]
  • In case a person availed of treatment with COVID-19 from February 1, 2020 until April 14 2020, Philippine Insurance Corporation (“PhilHealth”) will cover them as follows:[34]
Case Proposed Rate
COVID-19 (SARS CoV-2) Testing Php 8,150.00
Php 5,450.00 (if test kits are donated)
Php 2,710.00 (PRC testing unbundled)
Mild Pneumonia (elderly) Php 49,997.00
Moderate Pneumonia Php 143, 267.00
Severe Pneumonia Php 33,519.00
Critical Pneumonia Php 786,384.00
  • PhilHealth shall pay for all COVID-19 tests conducted outside hospitals or in non-hospital facilities provided that those are accredited by the Research Institute for Tropical Medicine (RITM).[35]

[1] DILG Memorandum Circular No. 62, Series of 2020, Suppletory LGU Guidelines on the Implementation of Enhanced Community Quarantine in Luzon, and State of Public Health Emergency in Other Parts of the Country Due to the COVID-19 Threat, March 21, 2020.

[2] Use of face masks now required in all areas under ECQ, available at https://www.pna.gov.ph/articles/1098595, last accessed April 7, 2020.

[3] Supra note 1.

[4] Metro Manila Cities with COVID-19 Curfew, available at https://cnnphilippines.com/news/2020/3/16/Metro-Manila-COVID-19-curfew-list.html, last accessed April 7, 2020.

[5] MMDA Advisory, available at http://www.mmda.gov.ph/, last accessed April 7, 2020.

[6] Memorandum from the Executive Secretary, March 16, 2020.

[7] DTI Memorandum Circular No. 7, Series of 2020, Anti-Hoarding and Anti-Panic Buying, March 19, 2020; and DTI Memorandum Circular No. 10, Series of 2020, Supplemental Anti-Hoarding and Anti-Panic Buying Directives, March 31, 2020.

[8] Supra note 7, Section 8.

[9] DOH Department Circular No. 144, Series of 2020, Public Advisory No. 19 – Prohibition of Hoarding of Drugs and Medicines, Profiteering, Illegal Combination, Formation of Cartels, and All Other Acts Committed in Restraint of Trade in COVID-19 Response, March 19,2020.

[10] San Juan, Caloocan,implement liquor ban, available at https://www.gmanetwork.com/news/news/metro/731972/san-juan-city-implements-liquor-ban/story/, last accessed April 14, 2020.

[11] Mandaluyong City Ordinance No. 763, Series of 2020, March 17, 2020.

[12] News Alert: Liquor Ban, ipapatupad sa buong Maynila, available at http://manila.gov.ph/2020/03/news-alert-liquor-ban-ipatutupad-sa-buong-maynila/, last accessed April 14, 2020.

[13] Liquor ban imposed in Marikina, available at https://news.mb.com.ph/2020/04/09/liquor-ban-imposed-in-marikina/, last accessed April 14, 2020.

[14] Muntinlupa City Declares State of Calamity Due to COVID-19 Emergency, available at https://www.muntinlupacity.gov.ph/?p=18062, last accessed April 4, 2020.

[15] City Government of Navotas Exectuive Order No. TMT-027, Series of 2020, April 12, 2020.

[16] Paranaque bans liquor until April 14, available at https://newsinfo.inquirer.net/1247859/paranaque-bans-liquor-until-april-14, last accessed April 14, 2020.

[17] Pasig City Ordinance No. 8, Series of 2020.

[18] Quezon City Executive Order No. 24, Series of 2020, March 26, 2020.

[19] Supra note 10.

[20] Valenzuela City implements liquor ban amid COVID-19, available at https://www.gmanetwork.com/news/news/metro/731310/valenzuela-city-implements-liquor-ban-amid-covid-19/story/, last accessed April 14, 2020.

[21] DOH Launches COVID-19 Hotlines 1555, 02-894-COVID, available at http://www.doh.gov.ph/?q=node/20275, last accessed April 7, 2020.

[22] Supra note 6.

[23] Report to the Joint Congressional Oversight Committee Pursuant to Section 5 of Republic Act No. 11469 (“Bayanihan to Heal as One Act”), April 6, 2020.

[24] An Act Declaring The Existence Of A National Emergency Arising From The Coronavirus Disease 2019 (COVID-19) Situation And A National Policy In Connection Therewith, And Authorizing The President Of The Republic Of The Philippines For A Limited Period And Subject To Restrictions, To Exercise Powers Necessary And Proper To Carry Out The Declared National Policy And For Other Purposes, Republic Act No. 11469 (“Bayanihan To Heal As One Act”), March 24, 2020, Section 5(f).

[25] DOH Department Circular No. 144, Series of 2020, Public Advisory No. 19 – Prohibition of Hoarding of Drugs and Medicines, Profiteering, Illegal Combination, Formation of Cartels, and All Other Acts Committed in Restraint of Trade in COVID-19 Response, March 19,2020.

[26] Bayanihan to Heal As One Act, Section 6.

[27]  Revised Rules of Criminal Procedure, Rule 113, Sections 7 and 8.

[28]  Revised Rules of Criminal Procedure, Rule 113, Sections 7 and 8.

[29] Revised Rules of Criminal Procedure, Rule 113, Section 5.

[30] Department of Trade and Industry Memorandum Circular No. 12, Series of 2020, Guidelines on the Concessions on Residential Rents; Commercial Rents of MSMEs, April 4, 2020.

[31] Implementing Rules and Regulations of Section 4(aa) of Republic Act No. 11469, Otherwise Known as the “Bayanihan to Heal As One Act” (“IRR of R.A. No. 11469”), Section 5.01, April 1, 2020.

“Covered institutions shall mean all lenders including but not limited to banks, quasi-banks, non-stock savings and loan associations, credit card issuers, pawnshops and other credit granting financial institutions under the supervision of the BSP, SEC, and CDA xxx.”

[32] Id.

[33] Supra note 11.

[34] Id.

[35] Id.

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