Establishing the Operational Capacity to be Observed by Government Agencies and Instrumentalities in Areas under General Community Quarantine until 04 April 2021, and for Other Purposes
Memorandum Circular No. 85, issued on March 19, 2021, establishes operational capacity guidelines for government agencies in areas under General Community Quarantine (GCQ) due to a surge in COVID-19 cases. From March 22 to April 4, agencies must operate at 30% to 50% capacity, except for those providing essential services. Agencies are required to adopt suitable alternative work arrangements to ensure service delivery while adhering to these guidelines. Temporary closures require prior clearance from the Office of the President, with penalties for misrepresentation in requests. The provisions also encourage legislative and judicial branches to comply and remain in effect beyond April 4, 2021.
Quick Answers
- What is Establishing the Operational Capacity to be Observed by Government Agencies and Instrumentalities in Areas under General Community Quarantine until 04 April 2021, and for Other Purposes about?
- Memorandum Circular No. 85, issued on March 19, 2021, establishes operational capacity guidelines for government agencies in areas under General Community Quarantine (GCQ) due to a surge in COVID-19 cases. From March 22 to April 4, agencies must operate at 30% to 50% capacity, except for those providing essential services. Agencies are required to adopt suitable alternative work arrangements to ensure service delivery while adhering to these guidelines. Temporary closures require prior clearance from the Office of the President, with penalties for misrepresentation in requests. The provisions also encourage legislative and judicial branches to comply and remain in effect beyond April 4, 2021.
- What type of law is Memorandum Circular No. 85?
- Establishing the Operational Capacity to be Observed by Government Agencies and Instrumentalities in Areas under General Community Quarantine until 04 April 2021, and for Other Purposes (Memorandum Circular No. 85) is a Philippine Presidential Issuances enacted by the Congress of the Philippines.
- When was Establishing the Operational Capacity to be Observed by Government Agencies and Instrumentalities in Areas under General Community Quarantine until 04 April 2021, and for Other Purposes enacted?
- Establishing the Operational Capacity to be Observed by Government Agencies and Instrumentalities in Areas under General Community Quarantine until 04 April 2021, and for Other Purposes (Memorandum Circular No. 85) was enacted on Mar 19, 2021.
- What is the citation for Establishing the Operational Capacity to be Observed by Government Agencies and Instrumentalities in Areas under General Community Quarantine until 04 April 2021, and for Other Purposes?
- Establishing the Operational Capacity to be Observed by Government Agencies and Instrumentalities in Areas under General Community Quarantine until 04 April 2021, and for Other Purposes, Memorandum Circular No. 85, Mar 19, 2021 (Philippines)
Law Information
- Reference Number
- Memorandum Circular No. 85
- Date Enacted
- Category
- Presidential Issuances
- Subcategory
- Memorandum Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
March 19, 2021
MEMORANDUM CIRCULAR NO. 85
ESTABLISHING THE OPERATIONAL CAPACITY TO BE OBSERVED BY GOVERNMENT AGENCIES AND INSTRUMENTALITIES IN AREAS UNDER GENERAL COMMUNITY QUARANTINE UNTIL 04 APRIL 2021, AND FOR OTHER PURPOSES
WHEREAS, there has been an alarming increase in the daily number of COVID-19 cases in the country for the past few weeks, with a rate similar to those experienced in July and August of 2020, which almost paralyzed the country's health care system;
WHEREAS, as of 18 March 2021, there are a total of Sixty-Six Thousand Five Hundred Sixty-Seven (66,567) active COVID-19 cases in the Philippines;
WHEREAS, the Civil Service Commission (CSC) issued Memorandum Circular No. 10 (s. 2020), providing for the Revised Interim Guidelines for Alternative Work Arrangements and Support Mechanisms for Workers in the Government during the Period of State of National Emergency Due to COVID-19 Pandemic;
WHEREAS, in order to address the current surge in COVID-19 cases, the Inter-Agency Task Force for the Management of Emerging Infectious Diseases recommended, among others, the reduction of on-site capacity in government offices located in General Community Quarantine (GCQ) areas; and
WHEREAS, there is a need to lay down the work arrangements that should be observed in government offices during these critical times to address the current surge in COVID-19 cases, while ensuring the continuous delivery of public services;
NOW, THEREFORE, the following are hereby ordered:
SECTION 1. Operational Capacity. — Beginning 22 March 2021 until 04 April 2021, all government agencies and instrumentalities of the executive branch, including government-owned or -controlled corporations (GOCCs) located in areas under GCQ, shall observe a minimum of 30% up to a maximum of 50% operational capacity at any given time, unless a higher capacity is required in agencies providing health and emergency frontline services, border control, and other critical services.
As used herein, operational capacity refers to the number of employees or workers who are permitted or required to physically report to work in the premises of a particular agency of the government, expressed as a percentage of the total workforce in such agency.
SECTION 2. Alternative Work Arrangements. — All agencies, including every office and unit therein, shall ensure that the delivery of their respective services are not hampered or impaired. Towards this end, all heads of agencies shall adopt the most appropriate operational capacity within the range provided in Section 1 hereof, together with the optimal alternative work arrangements for their respective agencies, in accordance with the relevant rules and regulations of the CSC.
SECTION 3. Temporary Closure of Premises. — In the event that an agency or instrumentality is considering a temporary closure of its premises due to the overwhelming number of COVID-19 cases therein, the head of agency shall submit to the Office of the President a request for clearance to shut down their premises, including the duration of such measure, which must be supported by verified data. No closure shall be implemented until such clearance is obtained from the Office of the President.
Any violation of this directive, including misrepresentation as to the data in support of the request for clearance, shall subject the head of agency to administrative sanctions.
This section shall apply regardless of the community quarantine classification and shall remain in effect beyond 04 April 2021.
SECTION 4. Application to Other Agencies. — The offices of the legislative and judicial branches of government, independent constitutional commissions and bodies, and local government units in areas under GCQ, are strongly urged to adopt the provisions of this Circular.
SECTION 5. Effectivity. — This Memorandum Circular shall take effect immediately.
DONE in the City of Manila, this 19th day of March, in the year of Our Lord, Two Thousand and Twenty-One.
Published in the Official Gazette, Vol. 117, No. 13, p. 4026 on March 29, 2021.
Cite This Law
Establishing the Operational Capacity to be Observed by Government Agencies and Instrumentalities in Areas under General Community Quarantine until 04 April 2021, and for Other Purposes, Memorandum Circular No. 85, Mar 19, 2021 (Philippines)
Establishing the Operational Capacity to be Observed by Government Agencies and Instrumentalities in Areas under General Community Quarantine until 04 April 2021, and for Other Purposes, Memorandum Circular No. 85 (Phil. 2021)
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