Law Summary
Legal Authority for Public Health Measures
- Republic Act No. 11332 empowers the Department of Health and local government units to enforce disease containment measures.
- The President is authorized to declare a State of Public Health Emergency under RA No. 11332 in epidemics threatening national security.
Declarations of Emergency and Calamity
- Proclamation No. 922 (2020) declared a nationwide State of Public Health Emergency due to COVID-19.
- Proclamation No. 929 (2020) imposed a State of Calamity for 6 months, subsequently extended by Proclamations Nos. 1021 and 1218 until September 12, 2022.
Previous Community Quarantine Measures
- Executive Order No. 112 (2020) imposed Enhanced and General Community Quarantine and adopted the Omnibus Guidelines for implementation.
- Authority granted to the Inter-Agency Task Force (IATF) to manage quarantines in provinces and cities.
- Quarantine classifications were amended by IATF to include various levels such as Enhanced, Modified Enhanced, General, and Modified General Community Quarantine.
Introduction of the Alert Level System (ALS)
- IATF Resolution No. 136-A (2021) approved a shift to the Alert Level System for pilot areas, initially implemented in the National Capital Region.
- Implementation guidelines for ALS were issued on September 13, 2021, with subsequent amendments.
- ALS pilot expanded to select provinces and cities nationwide.
Recommendation for Nationwide Implementation
- IATF Resolution No. 146-F (2021) recommended adoption of the ALS nationwide through a phased rollout.
- Rationale includes balancing public health protection with economic reopening and minimizing the broader impacts of prolonged community quarantine measures.
Adoption and Phased Rollout of ALS
- ALS approved for nationwide rollout in four phases:
- Phase 1: NCR, Regions III, IV-A, VI, VII, X, XI (pilot areas)
- Phase 2: Regions I, VIII, XII
- Phase 3: Regions II, V, IX
- Phase 4: CAR, IV-B, XIII, BARMM
- Transition to next phases to begin no later than end of November 2021, with weekly commencement thereafter until full implementation.
Implementation Guidelines and Authority
- IATF Guidelines on ALS in pilot areas adopted for nationwide use, with renaming to reflect new status.
- IATF authorized to amend guidelines as necessary without further presidential approval.
Transitional Provisions
- Until full ALS implementation, the Omnibus Guidelines under EO No. 112 remain effective in areas not yet under ALS.
Cooperation and Resource Mobilization
- All government departments, agencies, LGUs, government-owned corporations, and others are directed to fully assist and cooperate with IATF.
- Mobilization of necessary resources for ALS implementation mandated.
Legal Provisions on Validity and Repeal
- If any part is declared unconstitutional or invalid, the remaining provisions will remain effective.
- EO No. 112 (2020) shall be repealed once all areas are under ALS.
- All inconsistent orders and issuances are repealed, amended, or modified accordingly.
Effectivity
- The Order takes effect immediately upon publication in the Official Gazette or a newspaper of general circulation.