Memorandum Circular No. 93

MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

[ MEMORANDUM CIRCULAR NO. 93, December 17, 2021 ]

REQUIRED ON-SITE WORKFORCE IN GOVERNMENT AGENCIES AND INSTRUMENTALITIES UNDER THE ALERT LEVEL SYSTEM

WHEREAS, Article II, Section 15 of the Constitution declared it a policy of the State to protect and promote the right to health of the people;

WHEREAS, the IATF, through Resolution No. 146-F (s. 2021) dated 26 October 2021, recommended to the Office of the President the adoption of the Alert Level System for all areas of the Philippines, through a phased nationwide rollout;

WHEREAS, the President, through Executive Order No. 151 approved the nationwide implementation of the Alert Level System and the adoption of the "Guidelines on the Implementation of Alert Level System for COVID-19 Response in Pilot Areas" (Alert Level System Guidelines);

WHEREAS, the Alert Level System Guidelines provides that government agencies and instrumentalities shall remain to be fully operational and shall adhere to the required on-site workforce depending on the alert level, with those assigned to work off-site subject to alternative work arrangements as approved by the head of agency in accordance with the relevant rules and regulations issued by the Civil Service Commission;

WHEREAS, there are reports that some government agencies and instrumentalities have such a small proportion of their total workforce on-site thatthe delivery of public service suffers as a result;

WHEREAS, there is a need to balance health considerations and the continuous delivery of public services, regardless of the alert level system prevailing in a particular area;

NOW, THEREFORE, the following are hereby ordered:

Section 1. Government remains in full operation. Government agencies and instrumentalities shall remain fully operational regardless of the alert level of the area where they are located, but subject to he following required on-site workforce as prescribed in the Alert Level System Guidelines, while applying work from home and other flexible work arrangements:

a. Alert Level 5 Skeleton workforce on-site and the remainder under alternative work arrangements as approved by the head of agency unless a greater on-site capacity is required in agencies providing health and emergency frontline services, laboratory and testing services, border control, or other critical services, in accordance with the relevant rules and regulations issued by the Civil Service Commission.

b. Alert Level 4 at least 40% on-site workforce

c. Alert Level 3 at least 60% on-site workforce

d. Alert Level 2 at least 80% on-site workforce

Section 2. Authority to increase on-site workforce. The heads of all agencies and instrumentalities of the executive branch, including government-owned or -controlled corporations (GOCCs), may increase the on-site workforce of their offices beyond the minimum provided above.

Department secretaries may require heads of agencies over which they have control or supervision, or which are attached to their departments, to implement a larger on-site workforce should the one set by the agency head be insufficient for the delivery of services, as determined by the department secretary.

Agencies providing health and emergency frontline services, laboratory and testing services, border control, or other critical services, shall require an on-site workforce that is larger than the minimum provided above, as may be necessary to deliver their mandates.

In all cases, the requirement on on-site workforce shall be subject to social distancing requirements and other minimum public health standards.1âшphi1

Section 3. Continuous effectivity of Memorandum Circular (MC) No. 86 (s. 2021). The provisions of MC No. 86 (s. 2021) on compliance with health protocols in the workplace, and the conditions therein for the temporary closure of premises of government agencies and instrumentalities, shall continue to be observed under the Alert Level System.

Section 4. Application to other agencies. The offices of the legislative and judicial branches of government, independent constitutional commissions and bodies, and local govenrment units 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 17th day of December, in the year of Our Lord, Two Thousand and Twenty-One.

By Authority of the President:

(SGD.) SALVADOR C. MEDIALDEA
Executive Secretary

The Lawphil Project - Arellano Law Foundation