Temporary Shelter/Accommodation for the Safety and Protection against Discrimination of Health Workers in Provincial/City Hospitals and Other Public Health Facilities Catering to COVID-19 Patients

April 11, 2020

 DILG MEMORANDUM CIRCULAR NO. 072-20

 

1. BACKGROUND

1.1 Proclamation No. 929, s. 2020: Declaring a State of Calamity throughout the Philippines due to Corona Virus Disease 2019 (COVID-19) dated March 16, 2020 placed Luzon under Enhanced Community Quarantine (ECQ) and the rest of the country in a State of Public Health Emergency.

1.2 With the implementation of the ECQ, health care workers experienced mobility constraints affecting hospital operations to the detriment of COVID-19 -afflicted patients and other patients seeking health care services. These health workers have exposed themselves to high risks in the performance of their duty and in the practice of their profession. Unfortunately, they have consequently been the subject of discrimination and social stigma.

1.3 Item H of Resolution No. 19 dated 03 April 2020 of the Inter-Agency Task Force (IATF) for the Management of Emerging Infectious Diseases, denounces in the strongest of terms, acts of discrimination against healthcare workers, OFWs, and COVID-19 cases and enjoined LGUs to address such.

1.4 Section 26 of Republic Act 7305 (RA 7305): Magna Carta of Public Health Workers entitles public health workers to free living quarters within the premises of the health facility in which they are deployed if the situation so warrants. The same law provides for payment of quarters allowance in case of the inability of the health facility to provide for accommodation. In such arrangements, health workers are left with the responsibility to secure their own accommodation. With the discrimination and social stigma being experienced by health workers amid the COVID-19 crisis situation however, there is an urgent need for the national and local governments to intervene. CAIHTE

1.5 RA 11469 otherwise known as the Bayanihan to Heal as One Act that took effect 24 March 2020, empowered and authorized the President to effectively implement priority interventions towards addressing the COVID-19 crisis in the country.

Pursuant to Section 4 (g) of the same law, all LGUs are required to act within the spirit of all the rules, regulations and directives issued by the National Government pursuant to the Act.

2. PURPOSE

This Memorandum Circular is being issued to mobilize LGUs to secure temporary shelter/accommodation for the safety and protection against discrimination of health workers in Provincial/City Hospitals and other Public Health Facilities catering to COVID-19 patients for the duration of the COVID-19 pandemic.

3. LEGAL BASES

3.1 Republic Act 7160: Local Government Code of 1991

3.2 Republic Act 11469: Bayanihan to Heal as One Act

3.3 Republic Act 7305: Magna Carta of Public Health Workers

3.4 Proclamation No. 922, s. 2020: Declaring a State of Public Health Emergency throughout the Philippines

3.5 Proclamation No. 929, s. 2020: Declaring a State of Calamity throughout the Philippines due to Corona Virus Disease 2019 (COVID-19)

3.6 IATF for the Management of Emerging Infectious Diseases Resolution No. 19 dated 03 April 2020

4. SCOPE/COVERAGE

With the entire country under a State of the Public Health Emergency, this circular is deemed relevant to all LGUs and all others concerned in supporting health workers throughout the country.

5. POLICY CONTENT AND GUIDELINES

In line with Section 3 of Proclamation No. 929 and Inter-Agency Task Force (IATF) Resolution No. 19, the need to address temporary shelter/accommodation for the safety and protection of health workers against discrimination, are deemed as a critical and urgent measure to curtail and eliminate the threat of COVID-19. In view thereof:

5.1 LGUs are enjoined to provide for free, and/or extend assistance in securing, temporary shelter/accommodation for health workers deployed in Provincial/City Hospitals and other Public Health facilities catering to COVID-19 patients, whether hired by the LGU or by the National Government. Said venue/establishments should be proximate to the designated hospitals of the health workers, and should be reasonably accessible to them. DETACa

5.2 LGUs should identify the venue/establishments and coordinate with the owners and/or authorized representatives to ensure that the place/venue will be ready for occupancy the soonest possible time, as soon as health worker/s confirmed their intent to avail of said accommodation.

5.3 In the provision of such assistance, LGUs should be guided by the spirit and intent of Section 4, items (g), (h), (k) and (q) of RA 11496 that underscores full cooperation, private sector obligation, expeditious procurement and reasonable terms and compensation for venue/establishments that shall be tapped/engaged within the context of the COVID-19 crisis situation.

5.4 Cognizant of adjustments/preparations that will have to be made by identified venue/establishments, LGUs are thus encouraged to provide incentives to said venue/establishments in line with ordinances that have been or may be issued pursuant to Section 192, Chapter V, Book II of RA 7160; and other applicable laws and policies.

5.5 LGUs must ensure and take charge of proper and regular sanitation of the buildings used as temporary shelters of healthcare professionals; the provision of food and sanitary supplies within the premises to healthcare professionals accommodated; and the provision of the needed means of transportation to and from said temporary shelters to the clinics and/or hospitals.

5.6 LGUs should coordinate with Department of Health (DOH) representatives in their respective regions/localities relative to arrangements for health workers hired by the National Government that are governed by DOH guidelines and other pertinent issuances.

5.7 To further promote the safety and protection of health workers against discrimination, LGUs are enjoined to issue the necessary executive order/enact ordinances or other policies that shall prohibit and penalize discriminatory acts inflicted upon health workers.

6. REPORTING/MONITORING

To facilitate monitoring and reporting on LGU compliance to this circular, all City/Municipal Local Government Operations Officers (C/MLGOOs) and authorized personnel from DILG Provincial Offices are directed to accomplish and/or update the online reporting questionnaire provided in this link: https://forms.gle/zL8FgTnfLvjddUaB8every Wednesday of each week for the duration of the State of National Emergency. The results of said online reporting questionnaire shall serve as input to the weekly national report on the Republic Act No. 11469, otherwise known as "Bayanihan to Heal as One Act." aDSIHc

The DILG Regional Offices (ROs) and BARMM Ministry of the Interior and Local Government shall be provided access to generated real time status reports in order for them to monitor compliance of LGUs; and/or action taken by field officers stationed in said LGUs. E-mail address of the regional focal person designated to monitor compliance to this MC shall be provided to the Bureau of Local Government Development (BLGD) through the email address indicated in Section 11 of this circular.

7. SEPARABILITY CLAUSE

If any part or provision of this MC is declared invalid or unconstitutional, the other provisions not affected shall remain valid and subsisting.

8. REPEALING CLAUSE

All issuances inconsistent herewith are hereby superseded accordingly.

9. EFFECTIVITY

This Memorandum Circular shall take effect immediately and shall remain in force unless otherwise superseded or modified by subsequent policies and other issuances.

All DILG Regional Directors, BARMM Minister of the Interior and Local Government, and field personnel are hereby directed to cause the widest dissemination of this Circular; render pertinent assistance to LGUs; and ensure that the intent of this MC, to extend assistance to health workers within your respective areas of jurisdiction, is attained.

10. APPROVING AUTHORITY

(SGD.) EDUARDO M. AÑOSecretary

11. FEEDBACK

Inquiries concerning this MC should be directed or addressed to the DILG-BLGD through e-mail at [email protected], for resolution and appropriate action.