Eighteenth Congress
First Regular Session
Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand nineteen.
[ REPUBLIC ACT NO. 11469, March 24, 2020 ]
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 DECIDED NATIONAL POLICY AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title
This Act shall be known and cited as “Bayanihan to Heal As One Act".
Section 2. State of National Emergency
Presidential Proclamation No. 922 s. 2020, was issued declaring a State of Public Health Emergency throughout the Philippines due to the Coronavirus Disease 2019 (COVID-19) and the Code Alert System for COVID-19 was raised to Code Red Sublevel Two (2) in accordance with the recommendation of the Department of Health (DOH) and the Inter-Agency Task Force for the Management of Emerging Infectious Diseases. Further Presidential Proclamation No. 929, s. 2020, was issued declaring a State of Calamity throughout the Philippines and imposed an Enhanced Community Quarantine throughout Luzon.
In view of the continuing rise of confirmed cases of COVID-19, the serious threat to the health, safety, security, and lives of our countrymen, the long-term adverse effects on their means of livelihood, and the severe disruption of economic activities, a state of national emergency is hereby declared over the entire country.
Section 3. Declaration of Policy
The COVID-19 pandemic has greatly affected nations worldwide, including the Philippines, and has caused and is continuing to cause loss of lives and disruption to the economy. Thus, there is an urgent need to:
Section 4. Authorized Powers
Pursuant to Article VI. action 23 (2) of the Constitution, the President is hereby authorized to exercise powers that are necessary and proper to carry out the declared national policy. The President shall have the power to adopt the following temporary emergency measures to respond to crisis brought by the pandemic:
Provided, further, That the subsidy shall be computed based on the prevailing regional minimum wage rates: Provided, finally, That the subsidy received 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;
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. Jose 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.ℒαwρhi৷
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 revived and proposed for funding within the next two (2) fiscal years;
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, and motor vehicle loans, as well as credit card payments, falling due within the period of the enhanced Community Quarantine without incurring interests, penalties, fees, or other charges, persons with multiple loans shall likewise be given the minimum thirty (30)-day grace period for every loan;
Section 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, programmed, reallocated and realigned pursuant to this Act.
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.
Section 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 (P10,000.00) but not more than One million pesos (P1,000,000.00)or both, such imprisonment and fine, at the discretion of the court:
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.
Section 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 shall prevail.
Section 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 of such provision to any other person or circumstance shall not be affected by such declaration.
Section 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,
| (SGD.) ALAN PETER S. CAYETANO Speaker of the House of Representatives | (SGD.) VICENTE C. SOTTO III President of the Senate |
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.
| (SGD.) JOSE LUIS G. MONTALES Secretary General House of Representatives | (SGD.) MYRA MARIE D. VILLARICA Secretary of the Senate |
Approved: MAR 24 2020
(SGD.) RODRIGO ROA DUTERTE
President of the Philippines
Implementing Rules and Regulations of Section 4(aa) of Republic Act No. 11469,
Otherwise Known as the "Bavanihan to Heal As One Act"
RULE I
PRELIMINARY PROVISIONS
Section 1
Section 1
Section 1
03 Interpretation Clause. These Rules shall be interpreted to harmonize with Section 4 (n) of the "Bayanihan to Heal as One Act" which provides that the President shall have the power to "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".
Moreover, these rules shall be liberally construed to ensure the fulfillment of the policy objective of Section 4(aa) of the "Bayanihan to Heal as One Act”.
Section 1
RULE II
Section 2
01 Definition of Terms. As used in these Rules, the following terms shall mean:
RULE III
MANDATORY GRACE PERIOD
Section 3
01 Mandatory Grace Period. All Covered Institutions shall implement a 30-day grace period for all loans with principal and/or interest falling due within the ECQ Period without incurring interest on interest, penalties, fees and other charges. The initial 30-daygrace period shall automatically be extended if the ECQ period is extended by the President of the Republic of the Philippines pursuant to his emergency powers under the Bayanihan to Heal as One Act.
ection 3.02 Non-application of interests, fees and charges to future payments. All Covered Institutions shall not charge or apply interest on interest, fees and charges during the 30-day grace period to future payments/amortizations of the individuals, households, micro, small and medium enterprises (MSMEs).and corporate borrowers.
Section 3
RULE IV
SCOPE OF APPLICATION
Section 4
01 Coverage. The mandatory thirty (30)-day grace shall apply to all loans with principal and/or interest, falling due within the ECQ Period.ℒαwρhi৷ Loans shall mean loans extended by Covered Institutions to individuals, households, MSMEs, corporate borrowers, and other counterparties.
Section 4
RULE V
EFFECT OF THE GRACE PERIOD
Section 5
Section 5
RULE VI
PENAL PROVISIONS
Section 6
RULE VII
EFFECTIVITY
Section 7
Should any provision herein be declared unconstitutional or contrary to law, the same shall not affect the validity of the other provisions of these Rules.
Section 7
The Office of the National Administrative Register (ONAR) of the UP Law Center shall be provided three (3) certified copies of these Rules.
(SGD.) CARLOS G. DOMINGUEZ
Secretary
APR 01 2020
For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.