Memorandum Circular No. 94




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ MEMORANDUM CIRCULAR NO. 94, January 07, 2022 ] PROVIDING FOR THE REQUIREMENTS AND PROCEDURES FOR REDUCING ON-SITE WORKFORCE IN GOVERNMENT OFFICES BELOW THE MINIMUM SET FORTH UNDER THE ALERT LEVEL SYSTEM, AMENDING FOR THE PURPOSE MEMORANDUM CIRCULAR NO. 86 (S. 2021) AND MEMORANDUM CIRCULAR NO. 93 (S. 2021) 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 President; through Executive Order No. 151 (s. 2021) approved the nationwide implementation of the Alert Level System and the adoption of the “Guidelines on the Implementation of Alert Levels System for COVID-19 Response in Pilot Areas”; WHEREAS, Memorandum Circular (MC) No. 93 (s. 2021) provides for the required on-site workforce in government agencies and instrumentalities under the Alert Level System, and further provides that the provisions of MC No. 86 (s. 2021) on compliance with health protocols in the workplace and temporary closure of premises of government agencies and instrumentalities shall continue to be observed during the implementation of the Alert Level System; WHEREAS, with the recent surge of COVID-19 cases in the country, there are reports that government offices are finding it difficult to comply with the minimum on-site workforce provided in the Alert Level System and MC No. 93 due to the increasing number of COVID-19 positive cases among their personnel, and the need to observe isolation and quarantine protocols for such personnel and their close contacts; WHEREAS, there is a need to balance health considerations and the continuous delivery of public services, even in situations where the number of COVID-19 cases suddenly increase; NOW, THEREFORE, the following are hereby ordered: Section 1. Amendment of MC No. 86 (s. 2021). Section 3 of MC No. 86 (s. 2021) is hereby amended, thus: “Section 3. Reduction of On-site Workforce and Temporary Closure of Premises. In all cases, the reduction of on-site workforce below the minimum provided in the Alert LEVEL System and the temporary closure of premises, shall be regarded as extreme measures, reserved for situations where the spread of COVID-19 in the workplace has become overwhelming and unmanageable. Such reduction of on-site workforce and closures shall be governed by the following rules: a. The head of an agency or instrumentality considering to reduce its on-site workforce in, or to temporarily close, its main or central office shall submit to the head of the department exercising control or supervision over it, or to which it is attached, a request for clearance to do so. The request shall state the proposed duration of such measure and must be supported by verified data and other documentation which the department head deems fit to require. No reduction of on-site workforce or closure shall be implemented unit such clearance is obtained from the head of the department. b. The reduction of on-site workforce in, or temporary closure of, branches, and regional or field offices, can be decided by the head of the concerned department , agency or instrumentality. In the case of agencies or instrumentalities, they shall notify the head of the department exercising control or supervision over them, or to which they are attached, of the reduction of on-site workforce or the temporary closure, and the measures adopted to ensure continuous and uninterrupted delivery of public service. This is without prejudice to the discretion of the department head to require prior clearance from his or her office before implementation of such measures. c. Agencies or instrumentalities not under the control or supervision of or attached to any department, as well as departments considering the reduction of the on-site workforce in, or the temporary closure of, their main or central offices, shall submit their request for clearance to the Office of the President. The heads of these departments or agencies can also act upon requests for the reduction of on-site workforce in, or temporary closure of, their branches, and field or regional offices, subject to the submission by such heads of the same requirements stated in (b) above, to the Office of the President. d. Reduction of on-site workforce or temporary closures merely to conduct disinfection of premises shall not be allowed. Such activity shall be undertaken after office hours or on weekends. e. Agencies or instrumentalities implementing the reduction of on-site workforce or temporary closure shall ensure that there will be manned hotlines, on-site or off-site, to respond to the immediate concerns of their respective stakeholders. Section 2. Amendment to MC No. 93. Section 3 of MC No. 93 is hereby amended, thus: “Section 3. Continuous effectivity of Memorandum Circular (MC) No. 86 (s.2021). The provisions of MC No. 86 (s. 2021), as amended, on compliance with health protocols in the workplace, and the conditions therein for the reduction of on-site workforce or temporary closure of premises of government agencies and instrumentalities, shall continue to be observed under the Alert Level System.” Section 3. Effectivity. This Memorandum Circular shall take effect immediately. Done in the City of Manila, this 29th 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