Title
Bayanihan to Recover As One Act
Law
Republic Act No. 11494
Decision Date
Sep 11, 2020
The Bayanihan to Recover as One Act is a Philippine law that provides funding for COVID-19 relief measures, waives requirements for procuring medication and vaccines, and establishes reporting and oversight mechanisms to ensure compliance with the Act.

Law Summary

State of National Emergency

  • Affirms the continuing national emergency declared due to the COVID-19 pandemic.
  • Recognizes the rise in COVID-19 cases and economic contraction in the Philippines.

Declaration of Policy

  • Promotes a just and dynamic social order ensuring prosperity and poverty alleviation.
  • States specific objectives to reduce COVID-19 socio-economic impact, consolidate relief efforts, sustain health measures, bolster the health system, and restore public trust.
  • Emphasizes economic recovery through inclusivity and resilience.
  • Supports alternative transportation and protection of collective Filipino interests.
  • Advocates scientific and technological incorporation in government response.

COVID-19 Response and Recovery Interventions

  • Authorizes the President to implement interventions following WHO and CDC guidelines, such as:
    • COVID-19 testing, contact tracing, isolation, and treatment protocols.
    • Expedited registration and deployment of COVID-19 testing kits approved by the HTAC.
    • Adequate testing centers, hiring skilled lab personnel, and supply management for testing.
    • Uninterrupted immunization, uniform reporting standards, and provision of subsidies to affected low-income households and displaced workers.
    • Livelihood assistance including self-employed and repatriated OFWs.
    • COVID-19 special risk allowance and hazard pay for health workers.
    • Mandatory health worker testing and medical expense coverage.
    • Compensation for health workers infected or deceased due to COVID-19.
    • Financial relief for agrarian reform beneficiaries and education subsidies.
    • Grants for displaced teaching and non-teaching personnel.
    • LGU budget realignments and increased borrowing capacity.
    • Measures against hoarding, profiteering, and manipulation of essential goods.
    • Fast-tracked donation and distribution of health products.
    • PPE procurement with preference for local manufacturers.
    • Procurement exemptions with transparency and reporting obligations.
    • Partnership with the Philippine Red Cross for aid distribution.
    • Hiring and compensation of temporary health workers and hazard duty pay exemptions.
    • Low-interest credit availability for productive sectors.
    • Loan interest rate subsidies for affected learning institutions.
    • Expanded loans and financial aids via SBCorp, LBP, DBP, and PhilGuarantee.
    • Liberalization of incentives for critical goods importation, with preference for local products.
    • Supply chain facilitation and export suspension for critical goods.
    • Assistance programs for transportation and tourism sectors.
    • Acceleration of digital infrastructure deployment and eased permit requirements.
    • Promotion of online commerce and digitalization support for MSMEs.
    • Regulation of transportation, traffic, and alternative working arrangements.
    • Conservation of power, energy, water; waste management programs.
    • Discontinuance and realignment of unused government funds to augment COVID-19 response.
    • Reprogramming and reallocation of funds within the General Appropriations Act (GAA).
    • One-time grace periods for loan payments and utilities bills.
    • Rent grace periods, suspension of rent increases amid quarantine.
    • Expansion and enhancement of the 4Ps and social assistance programs.
    • Raising of the calamity fund cap for emergency use.
    • Agricultural sector support programs.
    • Fast-tracking housing loan approvals and accommodating affected homebuyers.
    • Authorization for the BSP to make additional provisional advances to national government.
    • Regulatory relaxation for financial institutions to support business recovery.
    • Streamlined government agency approvals and eased requirements for business permits.
    • Business sector regulatory relief including merger review exemptions.
    • Masterlist production for displaced transport workers and wage subsidy programs.
    • Provision of meals to undernourished children irrespective of learning modality.
    • Support and tax relief for the creative sector and educational institutions.
    • Support for alternative learning modalities through the use of SEF funds.
    • Extension of loans and utilization of unspent government-held funds.
    • Acceleration of infrastructure programs and permit waivers for flagship projects.
    • Regulatory relief for private projects of national significance.
    • Direct purchase of agricultural products from farmers and cooperatives beyond the previous law lapse.
    • Authorization for fund realignment for priority COVID-19 programs like PPE procurement, hospital expansion, vaccine purchase, and testing.
    • Guidelines for private isolation and quarantine facilities and establishment of national electronic contact tracing.
    • Discontinuance and realignment of unutilized funds from various government sources to support COVID-19 response.
    • Lending priority to hospitals and health institutions.
    • Release of PhilHealth funds to hospitals.
    • Regulatory relief for businesses regarding filing requirements and penalties.
    • COVID-19 hospital bed capacity allocation requirements for government and private hospitals.
    • Construction of temporary medical facilities and exemption of imported computing equipment for education.
    • Reallocation of appropriations for school personnel and facilities for modular learning.
    • Net operating loss carryover for 2020 and 2021 taxable years for businesses.

Exemption from Tax of Retirement Benefits

  • Retirement benefits received between June 5 and December 31, 2020, by private firm employees are tax-exempt.
  • Reemployment within 12 months equates to non-retirement and removes the tax exemption.
  • Tax evasion penalties apply.

Repeal of Tax on IPO Shares

  • Section 127(B) related to tax on safe, barter, or exchange of stock shares traded through IPO is repealed.

National Referral System

  • Establishes a COVID-19 National Referral System via DOH and Philippine Red Cross for efficient service location and patient care.

Non-Discrimination Provision

  • Penalizes acts of discrimination or harassment against COVID-19 positive or exposed individuals, returning OFWs, health workers, frontliners, or indigents.
  • Penalties include imprisonment and fines.

Authority Over Private Establishments

  • President may direct operation of private hospitals, health facilities, passenger vessels, and public transport for pandemic response.
  • Ownership remains with the private owners; compensation mechanisms are set for damages or costs incurred.
  • Government takeover possible only if operation refusal is unjustified.

Appropriations and Standby Fund

  • Specifies appropriations totaling several billions of pesos for various COVID-19 response activities including health worker compensation, PPE, infrastructure, livelihood programs, loans, agriculture, transportation, education, social welfare, tourism, and more.
  • Standby funds authorized for vaccine procurement, low interest loans, and additional programs.

Sources of Funding

  • Outlines multiple funding sources:
    • Unprogrammed funds and savings from executive agencies.
    • Savings from previous related laws.
    • Excess and new revenue collections.
    • Cash, funds, and investments of government corporations/agencies.
    • Taxes on offshore gaming operations.
  • Enforcement provisions for tax compliance on offshore gaming.

Procurement of COVID-19 Drugs and Vaccines

  • Waives Phase IV trial requirements for COVID-19 drugs and vaccines to expedite procurement.
  • Requires WHO or internationally recognized health agency approval.
  • FDA and HTAC set distribution standards.
  • Private entities allowed to innovate within the law.
  • Provision remains effective three months after December 19, 2020.

Reporting and Oversight

  • DOH must report to Congress within one week of the Act's effectivity with improved surveillance and control plans.
  • Monthly reports by the President to Congress and COA to include implementation status and detailed expenditure.
  • Establishes a Joint Congressional Oversight Committee to monitor law compliance.

Legal Provisions

  • Clarifies no constitutional impairment from the law.
  • Law provisions prevail over conflicting statutes during the emergency.
  • Separability clause preserves unaffected provisions if parts are invalidated.
  • Repeals the previous related law upon adjournment of Congress session.
  • The Act is effective immediately upon publication and until December 19, 2020, unless specified otherwise.

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