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BOARD RESOLUTION NO. 20-07-12

Prescribing Guidelines on the Interruption of the Prescriptive Period for the Filing of Employees’ Compensation (EC) Claims during Pandemic, Epidemic or Public Health Emergency and Other Fortuitous Events

WHEREAS, under Presidential Decree No. 626, as amended, the Employees’ Compensation Commission (ECC) is mandated to initiate, rationalize, and coordinate the policies of the Employees’ Compensation Program (ECP);

WHEREAS, the Amended Rules on Employees’ Compensation were promulgated to govern the rules on the filing of EC claims and appeals;

WHEREAS, under P.D. No. 626, as amended, and the Amended Rules on Employees’ Compensation, the prescriptive period for the filing of EC claims is three (3) years from the time the cause of action accrued;

WHEREAS, Presidential Proclamation No. 922, series of 2020, dated 08 March 2020, declares a State of Public Health Emergency throughout the Philippines due to the CoronaVirusl9 (COVID-19) threat and enjoins all government agencies to render full assistance and cooperation;

WHEREAS, Presidential Proclamation No. 929, series of 2020, dated 08 March 2020, declares a State of Calamity throughout the Philippines for a period of six (6) months and imposes an Enhanced Community Quarantine (ECQ) throughout Luzon, including the National Capital Region, due to the Corona Virus Disease 2019 (COVID-19) commencing on 17 March 2020 until 2 April 2020 unless earlier lifted, modified, or extended as the circumstances may warrant;

WHEREAS, Executive Order (EO) No. 112, dated 30 April 2020, imposes an Enhanced Community Quarantine from 1 May 2020 until 15 May 2020 in the following geographic areas:

  1. National Capital Region;
  2. Region III (Central Luzon) except Aurora Province;
  3. Region IV-A (CALABARZON);
  4. Benguet Province;
  5. Pangasinan Province;
  6. Iloilo Province;
  7. Cebu Province;
  8. Bacolod City; and
  9. Davao City.

WHEREAS, E.O. No. 112 further provides that “for the same period, a General Community Quarantine is hereby imposed in all other areas of Luzon, Visayas and Mindanao” and “beginning 16 May 2020, all decisions to impose, lift, or extend a community province, highly-urbanized cities (HUCs), and independent component cities (ICCs) shall rest with the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF);

WHEREAS, IATF Resolution No. 37, series of 2020, dated May 15, 2020, declares that:

1. “The following high-risk provinces, HUCs, and ICCs shall be placed under ECQ until 31 May 2020:

      1. Cebu City; and
      2. Mandaue City.

2. “The following transitioning high-risk provinces, HUCs, and ICCs shall be placed under Modified Enhanced Community Quarantine (MECQ) until 31 May 2020, without prejudice to the declaration of localized Enhanced Community Quarantine in critical areas:

      1. All HUCs of the National Capital Region (NCR) and the Municipality of Pateros;
      2. Bataan, Bulacan, Nueva Ecija, Pampanga, Zambales, Angeles City; and
      3. Laguna”

3. “All other Provinces HUCs, and ICCs not mentioned above shall be placed under General Community Quarantine (GCQ) until 31 May 2020.”

WHEREAS, IATF Resolution No. 41, series of 2020, dated May 29, 2020, declares that:

1. “The following provinces, HUCs, and ICCs shall be placed under Modified General Community Quarantine (MGCQ) until June 15, 2020:

a. For Luzon:

      1. Cordillera Administrative     Region    (CAR)-Abra,   Apayao, Baguio, Benguet, Ifugao, Kalinga, Mountain Province;
      2. Region I-Ilocos Norte, Ilocos Sur, La Union, Dagupan City;
      3. Region IV-B- Marinduque, Occidental Mindoro, Oriental Mindoro, Romblon, Palawan, Puerto Princesa City; and
      4. Region V-Albay, Camarines Norte, Camarines Sur, Catanduanes, Masbate, Sorsogon, Legazpi City, and Naga City.

b. For Visayas:

      1. Region VI- Aklan, Antique, Capiz, Guimaras, Iloilo, Negros Occidental, Iloilo City, Bacolod City; and
      2. Region VIII – Biliran, Eastern Samar, Leyte, Northern Samar, Western Samar, Southern Leyte, Ormoc City, Tacloban City;

c. For Mindanao:

      1. Region IX – Zamboanga del Norte, Zamboanga del Sur, Zamboanga Sibugay, Isabela City;
      2. Region X – Bukidnon, Camiguin, Lanao del Norte, Misamis Occidental, Misamis Oriental, Cagayan de Oro City;
      3. Region XI – Davao de Oro, Davao del Norte, Davao del Sur, Davao Occidental, Davao Oriental;
      4. Region XII – North Cotabato, South Cotabato, Sarangani, Sultan Kudarat, General Santos City;
      5. Region XIII (Caraga) – Agusan del Norte, Agusan del Sur, Dinagat Islands, Surigao del Norte, Surigao del Sur, Butuan City; and
      6. Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) – Basilan, Lanao del Sur, Maguindanao, Sulu, Tawi- Tawi, Cotabato City”

2. “The following provinces, HUCs, and ICCs shall be placed under General Community Quarantine (GCQ) until 15 June 2020:

a. For Luzon:

      1. Pangasinan;
      2. Region II- Batanes, Cagayan, Isabela, Nueva Vizcaya, Quirino, Santiago City;
      3. Region III- Aurora, Bataan, Bulacan, Nueva Ecija, Pampanga, Tarlac, Zambales, Angeles City, Olongapo City;
      4. Region IV-A – Cavite, Laguna, Batangas, Rizal, Quezon, Lucena City; and
      5. All HUCs of the National Capital Region and the municipality of Pateros.

b. For Visayas:

      1. Region VII- Bohol, Cebu, Negros Oriental, Siquijor, Cebu City, Mandaue City, Lapu-Lapu City.

c. For Mindanao:

      1. Zamboanga City; and
      2. Davao City

3. “While classified as high-risk areas, all HUCs of the National Capital Region (NCR) and the Municipality of Pateros, and Cebu City shall be placed under General Community Quarantine (GCQ) until 15 June 2020…”

4. “xxx Local chief executives may impose localized quarantine in select areas or establishments with concurrence of the Regional IATF.

WHEREAS, IATF Resolution No. 46-A, series of 2020, dated June 15, 2020  declares that:

1. “The following HUCs, and ICCs shall be placed under Modified General Community Quarantine (MGCQ) until 30 June 2020:

a. For Luzon:

      1. Cordillera Administrative Region (CAR) – Abra, Apayao, Benguet, Ifugao, Kalinga, Mountain Province, Baguio City;
      2. Region I- Ilocos Norte, Ilocos Sur, La Union, Pangasinan, Dagupan City;
      3. Batanes;
      4. Region III- Nueva Ecija, Pampanga, Zambales, Angeles City;
      5. Lucena City;
      6. Region IV-B- Marinduque, Oriental Mindoro, Romblon, Palawan, Puerto Princesa City; and
      7. Region V- Albay, Camarines Norte, Camarines Sur, Catanduanes, Masbate, Sorsogon, Legazpi City, and Naga City.

b. For Visayas:

      1. Region VI – Aklan, Antique, Capiz, Guimaras, Iloilo, Negros Occidental, Iloilo City, Bacolod City; and
      2. Region VIII- Biliran, Eastern Samar, Leyte, Northern Samar, Western Samar, Southern Leyte, Ormoc City, Tacloban City

c. For Mindanao:

      1. Region IX – Zamboanga del Norte, Zamboanga del Sur, Zambonga Sibugay, Isabela City;
      2. Region X – Bukidnon, Camiguin, Lanao del Norte, Misamis Occidental, Misamis Oriental, Cagayan de Oro City;
      3. Region XI- Davao de Oro, Davao del Norte, Davao del Sur, Davao Occidental, Davao Oriental;
      4. Region XII- North Cotabato, South Cotabato, Sarangani, Sultan Kudarat, General Santos City;
      5. Region XIII (CARAGA) – Agusan del Norte, Agusan del Sur, Dinagat Islands, Surigao del Norte, Surigao del Sur, Butuan City; and
      6. Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) – Basilan, Lanao del Sur, Maguindanao, Sulu, Tawi- Tawi, Cotabato City. “

2. “The following provinces, HUCs, and ICCs shall be placed under General Community Quarantine (GCQ) until 30 June 2020:

a. For Luzon:

      1. Region II- Cagayan, Isabela, Nueva Vizcaya, Quirino, Santiago City;
      2. Region III- Aurora, Bataan, Bulacan, Tarlac, Olongapo City;
      3. Region IV-A- Cavite, Laguna, Batangas, Rizal, Quezon; and
      4. Occidental Mindoro

b. For Visayas:

      1. Region VII- Bohol, Cebu, Negros Oriental, Siquijor, Mandaue City, Lapu-Lapu City

c. For Mindanao:

      1. Zamboanga City; and
      2. Davao City “

3. “All HUCs of the National Capital Region (NCR) and the Municipality of Pateros shall be placed under GCQ until 30 June 2020…”

4. “Due to the increasing number of new cases and widespread community transmission in majority of barangays in the city, as well as consistent case doubling time of less than seven (7) days and significant increase in critical care utilization against critical care capacity, Cebu City shall be placed under Enhanced Community Quarantine (ECQ). For the same reason, Talisay City a component city under the province of Cebu, shall be placed under Modified Enhanced Community Quarantine (MECQ) until 30 June 2020. ‘’

WHEREAS, the imposition of ECQ or MECQ prescribes the suspension of public transportation, observance of strict home quarantine in all households, physical distancing, and restrictions on movement and travel except those relating to accessing basic necessities such as food and medicine and other essential services;

WHEREAS, due to the implementation of the ECQ or MECQ, the mobility of people in Luzon and in certain geographic areas of Visayas and Mindanao has been heavily restricted due to lockdown;

WHEREAS, pursuant to Administrative Order No. 30, series of 2020, issued by the President on 21 April 2020, all heads of departments, agencies, offices, and instrumentalities of the government, including GOCCs, GFIs, SUCs and LGUs are directed to formulate and issue rules or guidelines on  the interruption  of reglementary periods for the commencement of action or claims, cancellation of proceedings, suspension of deadlines for the payment of monetary obligations  and/or  submission  of  documents and movement of timeliness for the grant of any benefit;

WHEREAS, the Civil Code of the Philippines provides that the running of the prescriptive period shall be deemed suspended or interrupted by fortuitous events or events which could not be foreseen or which though foreseen are inevitable;

WHEREAS, the implementation of total lockdown during pandemic and/or occurrence of other fortuitous events such as earthquake, flood, or war, would suspend government operations and would render it impossible for claimants from filing their EC claims;

NOW, THEREFORE, the Commission has RESOLVED, as it hereby RESOLVES to promulgate the following guidelines on the interruption of the prescriptive period for the filing of Employees’ Compensation (EC) claims during pandemic or other fortuitous events:

(1) Coverage. These guidelines shall be applicable on the filing of EC claims in all geographic areas which have been placed under ECQ or MECQ due to COVID19 emergency, during any pandemic such as COVID19 threat or declaration of epidemic or public health emergency as defined under Republic Act (RA) No. 11332 (“Mandatory Reporting and Health Events of Public Health Concerns Act”) and other fortuitous events which would suspend government operations and prevent claimants from filing their EC claims.

(2) Automatic Suspension of the Counting of Prescriptive Period during Pandemic, Epidemic or Public Health Emergency and Other Fortuitous Events. The running of the prescriptive period in the filing of EC claims shall be deemed interrupted or suspended in the event of any pandemic, epidemic or public health emergency and other fortuitous events which would prevent claimants from enforcing their right to file EC claims.

(2) Interruption of the Prescriptive Period during COVID19 Pandemic. The prescriptive period of three (3) years for the filling of EC claims shall be deemed Interrupted in all geographic areas during the entire duration of the implementation of the ECQ or MECQ due to COVID19 pandemic until the lifting thereof by the Office of the President of the Philippines.

(3) Interruption of the Prescriptive Period during COVID19 Pandemic. The prescriptive period of three (3) years for the filling of EC claims shall be deemed interrupted in all geographic areas during the entire duration of the implementation of the ECQ or MECQ due to COVID19 pandemic until the lifting thereof by the Office of the President or by the IATF.

(4) Retroactive Application. The interruption of the prescriptive period due to implementation of ECQ and MECQ shall be effective on 17 March 2020.

(5) Modification. All issuances, orders, rules and regulations or parts thereof of the Systems which are Inconsistent with the provisions of this Resolution are hereby modified accordingly.

(6)  Directive. The guidelines set forth herein shall also be without prejudice to any relevant succeeding directives of the IATF or the Office of the President.

(7) Effectivity. This Resolution shall take effect immediately following its publication in the Official Gazette or in a newspaper of general circulation.

DONE, this 17 day of July 2020, in Makati City, Philippines

SILVESTRE H. BELLO III (SGD)
Chairperson
Department of Labor and Employment

RIZALDY T. CAPULONG (SGD)
Member-Alternate
Social Security System

NORA M. MALUBAY
Member-Designate
Government Service Insurance System

CARLITO P. ROBLE (SGD)
Member
Employee’s Sector

VACANT
Member
Employers’ Sector

DENIS S. MAS (SGD)
Member-Designate
Philippine Health Insurance Corporation

STELLA ZIPAGAN-BANAWIS (SGD)
Member
Employees Compensation Commission – Secretariat

Published on September 11, 2020, The Philippine Star

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