New MECQ Guidelines issued by the IATF; IPOPHL re-opens on 16 May 2020

May 25

This is a briefing on the following issuances as of May 16, 2020 in relation to the COVID-19
pandemic:

A. No Mandatory Testing of Returning Workers

B. What is MECQ? New Normal?

C. Business Allowed to Operate During MECQ

D. Other Key Things to Remember in a MECQ Area

E. Intellectual Property Office of the Philippines (IPOPHL) Resumes On-site Operations on May
25, 2020

The Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) has
issued the Omnibus Guidelines on the Implementation of Community Quarantine in the
Philippines dated May 15, 2020 (IATF Omnibus Guidelines) [1] to codify the existing policies of
the IATF pertaining to the quarantine systems in place throughout the Philippines. The full text is
posted at https://www.officialgazette.gov.ph/downloads/2020/05may/20200515-omnibus-
guidelines-on-the-implementation-of-community-quarantine-in-the-philippines.pdf.

This bulletin focuses on guidelines applicable to areas placed under Modified Enhanced
Community Quarantine (MECQ) from May 16, 2020 to May 31, 2020, such as Metro Manila.

A. No Mandatory Testing for COVID-19 of Returning Workers

With respect to the testing of returning workers for an area under any type of quarantine system,
including MECQ, Section 8(4) of the IATF Omnibus Guidelines provides that “[c]ompliance with
Joint DTI-DOLE Return-to-Work Guidelines and DOH Return-to-Work Guidelines shall be
considered sufficient compliance with minimum health standards. In no case shall the testing
of all returning workers be construed as a condition precedent for his/her return.”[2]
There are no other specifics relating to this guideline, such as when testing should be done.

B. What is MECQ? New Normal?

New MECQ Guidelines issued by the IATF; IPOPHL re-opens on 16 May 2020
May 25

The IATF Omnibus Guidelines define key terms relevant to the community quarantine as
follows:

Term [3] Definition

The “transition phase between Enhanced Community Quarantine

Modified (“ECQ”) and General Community Quarantine (“GCQ”), when these
Enhanced temporary measures are relaxed: stringent limiting movement and
Community transportation of people, strict regulation of operating industries, provision
Quarantine of food and essential services, and heightened presence of uniformed
(MECQ) personnel to enforce community quarantine protocols become less
necessary.”

The “emerging behaviors, situations, and minimum public health

standards that will be institutionalized in common or routine practices and
remain even after the pandemic while the disease is not totally eradicated
New Normal
through means such as widespread immunization. These include actions
that will become second nature to the general public as well as policies
such as bans on large gatherings that will continue to remain in force.”

“[S]uch a maximum number of employees or workers who can be

Operational
permitted or required to physically report to work on-site in a particular
Capacity
office or establishment.”

Skeleton The “operational capacity which utilizes the smallest number of people
Workforce needed for a business or organization to maintain its basic function.”

C. Business Allowed to Operate During MECQ

The business establishments allowed to operate under MECQ and their corresponding
operational capacities are set out in the table below.[4]

Operational Capacities of Establishments Allowed to Operate under MECQ

(Note: All descriptions of businesses below are quoted directly from the IATF Omnibus
Guidelines.)
New MECQ Guidelines issued by the IATF; IPOPHL re-opens on 16 May 2020
May 25

• Media establishments
• Establishments involved in production of cement and steel
• BPOs and export-oriented establishments without need to set up on-site
or near-site accommodation arrangements
• Mining and quarrying
• E-commerce companies
• Postal, courier, delivery services
Full
• Rental and leasing, other than real estate, such as vehicles and
Operational
equipment for permitted sectors
Capacity
• Employment activities that involves the recruitment and placement for
permitted sectors
• Repair of computers, personal and household goods
• Housing services activities
• Agriculture, forestry, fishery and such other components of food value
chain
• Manufacturers of medicines, medical supplies, devices and equipment

• Manufacturing and processing plants of basic food products (operational

capacity may be increased as may be authorized by the Department of
Trade and Industry (DTI))
• Other manufacturing industries (e.g., beverages including alcohol drinks,
wood products and furniture, non-metallic products, textiles and clothing,
50% tobacco products, paper and paper products, rubber and plastic
Operational products, coke and refined petroleum products, other non-metallic
Capacity, products, computers, electronic, and optical products, electrical
While equipment, machinery and equipment, motor vehicles, trailers and semi-
Encouraging trailers, other transport equipment, and others)
Work-From- • Real estate and leasing activities
Home and • Administrative and office support (e.g., photocopying and billing
Other Flexible services)
Work • Other financial services (e.g., money exchange, insurance, microfinance
Arrangement and credit cooperatives, reinsurance and non-compulsory pension
funding)
• Legal and accounting services
• Management and consultancy services or activities
• Architectural and engineering activities including technical testing and
analysis
• Science and technology, and research and development
New MECQ Guidelines issued by the IATF; IPOPHL re-opens on 16 May 2020
May 25

• Recruitment and placement agencies for overseas employment

• Advertising and market research
• Computer programming and information management services
• Publishing and printing services
• Film, music, and television production
• Photography, fashion and industrial, graphic and interior design
• Wholesale and retail trade of vehicles and their parts and components,
whether such vehicles be fuel, electric, or human powered
• Repair and maintenance of vehicles as defined in the immediately
preceding provision as well as its parts or components
• Malls and commercial centers, subject to DTI guidelines
• Dining and restaurants (delivery and take-out only)
• Hardware stores
• Clothing and accessories
• Bookstore and school and office supplies
• Baby or infant care supplies
• Pet food and pet care supplies
• Information technology, communications and electronic equipment
• Flower, jewelry, novelty, antique and perfume shops
• Toy stores (playgrounds, if any, shall be closed)
• Firearms and ammunition trading establishments, subject to strict
regulation of the Firearms and Explosives Office
• Pastors, priests, rabbi, imams, and other religious ministers providing
home religious services to households

• Government agencies and instrumentalities, Local Government Units

• Officials and employees of foreign diplomatic missions and international
organizations accredited by the Department of Foreign Affairs (DFA)
• Private establishment and their employees providing essential goods
With Skeleton and services (e.g. public markets, groceries, convenience stores,
Workforce laundry shops, water-refilling stations, hospitals and medical clinics,
Only pharmacies, and drug stores)
• Manufacturing and processing plants of hygiene products
• Banks, money transfer services, microfinance institutions and
cooperatives, excluding pawnshops not performing money transfer, and
credit cooperatives, including armored vehicle services, if any
• Capital markets
New MECQ Guidelines issued by the IATF; IPOPHL re-opens on 16 May 2020
May 25

• Power, energy, water, information technology and telecommunication

supplies and facilities, including waste disposal services, as well as
property management building utility services
• Energy companies and third-party contractors and service providers
• Telecommunications companies, internet service and cable television
providers
• Airline and aircraft maintenance employees (including pilots and crew),
ship captains and crew
• Essential projects, public or private (e.g., quarantine facilities, disaster
risk reduction and rehabilitation works, sewerage projects, water service
facilities projects, digital works)
• Priority public infrastructure projects and private construction projects
(e.g., food production, agriculture, fishery, fishport development, energy,
housing, communication, water utilities, manufacturing, BPOs), in
accordance with DPWH guidelines
• Workers accredited by the Department of Transportation (DOTr) working
on utility relocation works and specified limited works on railway projects
• Funeral and embalming services
• Humanitarian assistance from civil society organizations and non-
government organizations
• Veterinary clinics
• Security personnel

D. Other Key Things to Remember in a MECQ Area

Relevant Section of
Item Description the IATF Omnibus
Guidelines

Everyone is still subject to a strict home quarantine. Sections 3(2), (3)(3),

On movement of and 3(13)
Residents can only step out to --
persons
• “access essential goods and services;”
• “work in permitted offices or establishments,” or
New MECQ Guidelines issued by the IATF; IPOPHL re-opens on 16 May 2020
May 25

• do other activities permitted under the Omnibus

Guidelines, such as exercising outdoors subject to
the observation of with safety measures.
• If a person is any of the following, that person has
to stay home “at all times”: (a) below 21 years old,
(b) 60 years old or above, (c) “with
immunodeficiency, comorbidities, or other health
risks,” (d) pregnant, or (e) resides with a person
referred to in any of (a) to (d). The exceptions are
when leaving the home is “indispensable under the
circumstances for obtaining essential goods and
services, or for work in industries and offices
permitted to operate.”

Public gatherings that are “unauthorized, non-work Section 3(9)

essential or are entertainment related” (e.g., movie
Public and screenings, concerts, and sporting events) are
religious prohibited.
gatherings Religious gatherings are “highly restricted. These “shall
be limited to not more than five persons” and must
adhere to “prescribed minimum health standards.”

Public transport remains suspended. However, “point-to- Sections 3(11) and

point transport services provided by the government 3(12)
shall be allowed to operate, giving priority to healthcare
workers.”
Public transport
The DOTr has advised that the operation of tricycles
during MECQ “may be allowed by the local government
and the Department of the Interior and Local
Government.”[5]

Please note that “commissioned shuttle services for Sections 3(11),

employees of permitted establishments” are allowed. 3(12), 3(16), 2(11)
People are “strongly encouraged” to use “bikes and and 2(12).
Private transport other non-motorized transportation.”
Section 3(16), in relation to Sections 2(11) and 2(12)
provide guidelines on the types of IDs that will be
honored by law enforcement agencies, such as IATF
New MECQ Guidelines issued by the IATF; IPOPHL re-opens on 16 May 2020
May 25

IDs, RapidPass, and “bona fide IDs issued by

establishments exempted from the strict home
quarantine requirement.”

E. Intellectual Property Office of the Philippines (IPOPHL) Resumes On-site

Operations on May 25, 2020

In relation to the imposition of MECQ over Metro Manila, the Intellectual Property Office of the
Philippines (IPOPHL) has issued IPOPHL MC No. 2020-013 (Advisory on IPOPHL Services in
View of the Declaration of a Modified Enhanced Community Quarantine Over the National
Capital Region) dated May 15, 2020 [6] to advise the public of the following:

1. Beginning May 25, 200, IPOPHL will “resume limited regular operations at its main office”
with a skeleton workforce. Employees not included in the skeleton workforce are to continue
working from home.

2. Trademark applications, new and renewal, may only be filed through the IPOPHL electronic
filing system. Transmission of documents “related to registered marks as well as pending
trademark applications” shall be through eDocfile only.

New patent, utility model, and industrial design applications from or transmitted within Metro
Manila shall be filed through the IPOPHL electronic filing system. Voluminous invention
applications (i.e., exceeding 250 pages) “may be filed manually or via mail or courier.”

“Scanned copies of required original documents shall be submitted through the online filing
system in lieu of the originals. Parties, however, may be required to submit the original
document if questions arise regarding the authenticity or due execution of the scanned copy.”

Manual filings and those made through postal mail or private courier will be accepted in IPOPHL
Bureaus and Offices without online filing systems.

3. Beginning May 27, 2020, IPOPHL documentary receiving sections will receive documents
from 8AM to 5PM, “with cut-off at 4PM, from Mondays to Fridays.”

4. The table below sets out the deadlines for submission of papers, replies, or documents:
New MECQ Guidelines issued by the IATF; IPOPHL re-opens on 16 May 2020
May 25

Initial Deadline New Deadline

Deadlines falling from March 16, 2020 to

March 31, 2020 initially extended until May June 30, 2020
31, 2020

Deadlines falling from April 1, 2020 to April

June 30, 2020
30, 2020, initially extended for 60 days

Deadlines falling from May 1, 2020 to June

July 30, 2020
30, 2020

The extended deadlines shall also apply to the “[p]ayment of filing fees including claim of
convention priority fee of new applications for patents, utility models, industrial designs and
trademarks with or without claim of convention priority date filed through the IPOPHL electronic
filing systems during the above-mentioned periods.

The date when the application was filed online shall be deemed the filing date.” [7]

5. Hearings scheduled in the IPOPHL, including mediation hearings, will remain suspended until
May 22, 2020. Parties to mediation may request for online conference. “Hearings scheduled 25
May 2020 onwards, including online mediation, shall proceed unless otherwise advised.”

6. The IPOPHL Main Office cashier will resume operations on May 27, 2020 from 8AM to 5PM,
“with cut-off at 4PM, from Mondays to Fridays.” Only payments which cannot be made through
the IPOPHL’s online payment system (e.g., patent applications, copyright registrations, replies,
and services) will be accepted. The IPOPHL will also accept payments through postal money
order.

7. Transactions before the IPOPHL must follow the alphabetical schedule based on the first
letter of the name of the law firm, company, or payor provided by the IPOPHL.

8. All persons entering the IPOPHL must comply with the minimum public health standards (e.g.,
wearing of facemasks). Persons exhibiting COVID-19 symptoms will not be allowed to enter.
New MECQ Guidelines issued by the IATF; IPOPHL re-opens on 16 May 2020
May 25

For more information about IPOPHL issuances, please contact:

Vida M. Panganiban-Alindogan
Partner; Head of the Intellectual Property Department
[email protected]

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[1] Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines

dated May 15, 2020; https://www.officialgazette.gov.ph/downloads/2020/05may/20200515-
omnibus-guidelines-on-the-implementation-of-community-quarantine-in-the-philippines.pdf; last
visited at 1:00 PM on May 16, 2020.

[2] Emphasis supplied.

[3] IATF Omnibus Guidelines, Section 1.

[4] Please see IATF Omnibus Guidelines, Sections 3(4) to 3(8).

[5] Tricycle operations in MECQ areas up to LGUs: DOTR; Philippine News Agency;
https://www.pna.gov.ph/articles/1102770; last visited at 2:37 PM on May 16, 2020.
[6] IPOPHL MC No. 2020-013 dated May 15, 2020;
https://drive.google.com/file/d/133rYedRGGq5uLTEq9QjgLubqg70oGwsr/view

[7] IPOPHL MC No. 2020-13A dated May 16, 2020;

https://drive.google.com/file/d/1DA2GKdpzdKkRqttL24a3xDN_qBcLdlCG/view

This bulletin contains a summary of the legal issuances discussed above. It was prepared by
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) to update its clients about recent legal
developments. This does not constitute legal advice or an opinion of SyCipLaw or any of its
lawyers.

This bulletin is only a guide material and SyCipLaw makes no representation in respect of its
completeness and accuracy. There may also be supplements to the legal issuances which are
not included here or there may be amendments published after this has been circulated. You
should check the official version of the issuances.
New MECQ Guidelines issued by the IATF; IPOPHL re-opens on 16 May 2020
May 25

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SyCipLaw.

SyCip Salazar Hernandez & Gatmaitan

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