ECQ Laws and Issuances
27 APRIL 2020

Question from Email: I am a Seafarer that arrived last April 06 2020. That time we where told to just do a Home quarantine. In the airport no one told us to report first to the barangay that we were on home quarantine. I rented a condo but were only allowed to stay for 11 days. I continued my days on quarantine in my house. Now the president of the home owners is harassing my family and wants us out of the house. Can you give me advise on what legal steps I should do?

Answer: (April 27, 2020)

Several local government units came up with ordinances to protect frontliners, COVID-19 patients, and Persons Under Investigation (PUI) or Persons Under Monitoring (PUM) for COVID-19, against discriminatory acts. One good example is Ordinance No. 8624 or the “Anti-COVID-19 Discrimination Ordinance of 2020” of the City of Manila which prohibits any person from committing any act which cause or tend to cause stigma, disgrace, shame, humiliation, harassment or otherwise discriminate against a person infected, under investigation or monitoring due to COVID-19. This ordinance has teeth as it comes with penal provisions such as the payment of fine or imprisonment, or both.

If the local government unit (LGU) of the city or municipality in which the seafarer resides enacted or adopted a similar anti-discriminatory ordinance, the president of the homeowners association (HOA) who committed acts of harassment and discrimination, may be charged thereof before the Prosecutors Office of the LGU.

Furthermore, depending on the act/s of harassment committed by the president of the HOA, such act/s may also fall under other light threats, grave coercions -if there is violence or intimidation, or unjust vexation- if there is no violence or intimidation, which are punishable under the Articles 285, 286 and 287 of the Revised Penal Code, respectively.

There may also be a claim for moral damages if the seafarer suffered physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury due to the harassment committed by the president of the HOA against him.

Last but not the least, the seafarer, as a homeowner, may examine the Articles of Incorporation or by-laws of the HOA to determine if the act/s committed by the president of the HOA is/are violative of any provision/s thereof. The conflict or disagreement between the homeowner-seafarer and the president of the HOA may be brought before the Human Settlements Adjudication Commission.

(Thank you to M & Associates Attorneys At Law, BGC, Taguig for this answer. This answer is for general information purposes only and should not be used as a substitute for specific advice.)

ECQ Laws and Issuances
24 APRIL 2020

Question from Email: A company is closing its branch due to NO business because of covid19 disruptions, and with its closing, the company is pre terminating its rent contract with notice of one month to the lessor. The lessor told the company to abide with terms of the contract which ask for 3 months notice and forfeiture of 3 months deposit. Meaning the lessor is asking for the payment of 3 months and not refunding the 3 months deposit. What are the remedies of the company when the company closed its branch operation and no business anymore. 

Answer: (April 24, 2020)

As a general rule, a party to a contract, such as a tenant in a Contract of Lease of an office or commercial space, may be cleared of liability for its failure to pay the rent under the contract of lease or its inability to continue the lease altogether, if such failure to pay the rent or inability to continue the lease is due to force majeure – referring to an event that is unforeseen, or though foreseen, was inevitable.

But if the contract of lease has a stipulation to the contrary, the tenant may be held liable for its failure to pay its rent, or to continue with the lease, despite the existence of force majeure pursuant to Article 1174 of the Civil Code. Thus, the company may only ask the pre-termination of the contract, or be excused from its failure to pay its rent, as a matter of right, if its contract with its landlord has NO specific provision stating that force majeure is not a ground for pre-termination or an excuse to pay the rent.

If there is such a provision, then the company may only demand a minimum thirty (30) day grace period for the payment of the rents falling due within the Enhanced Community Quarantine (“ECQ”) pursuant to RA 11469 or the Bayanihan to Heal as One Act and Memorandum Circular No. 20-12.

(Thank you to M & Associates Attorneys At Law, BGC, Taguig for this answer. This answer is for general information purposes only and should not be used as a substitute for specific advice.)

Complaints and Abuses
24 APRIL 2020

Question from Email: Please enlighten me on my rights as a tenant during this lockdown. I am resident of Pasig but am staying in a condominium in Ermita,Manila with a friend. We are both pregnant, 6 and 7 months respectively.We were constrained to extend our stay because of the lockdown, meaning to pay on a daily rate basis.They humiliated us to pay upfront and said that they will bring me to the police station and file estafa against me. I have proof of my transactions through bank transfer, the screenshot of the confirmation SMS that it was successful, but they said they did not receive. I was forced to sign a promissory note that I will pay the whole extension of my stay on April 20th, and if I fail to pay, they will file a case against me and may be evicted here.

Answer: (April 24, 2020)

Applying the provisions under the Memorandum Circular No. 20-12 under RA 11469 (Bayanihan Heal As One Act), you as the tenant must be given a grace period of 30 days after the lifting of the ECQ to pay the amount due. Similarly, your lessor is prohibited from ejecting you should you fail to pay rent within the 30 day grace period after the lifting of the ECQ.

You cannot be held liable for Estafa under Article 315 4th mode 2 (e) of the Revised Penal Code as the element of intent to defraud is lacking. Your attempt to pay rent through GCash, as evidenced by SMS confirmation, negates the element of intent required for a charge of Estafa.

As you are currently pregnant, you claim to have suffered stress and trauma due to the act of your lessor, causing premature contractions. Thus, you may claim for moral damages against your lessor, according to jurisprudence and the New Civil Code.

(Thank you to M & Associates Attorneys At Law, BGC, Taguig for this answer. This answer is for general information purposes only and should not be used as a substitute for specific advice.)